HomeMy WebLinkAbout25E - ON CALL SVCS
CITY COUNCIL MEETING DATE:
CLERK OF COUNCIL USE ONLY:
REQUEST FOR
COUNCIL ACTION
AUGUST 18, 2008
TITLE:
AGREEMENTS FOR WATER AND
SEWER EMERGENCIES
APPROVED
o As Recommended
o As Amended
o Ordinance on 1st Reading
o Ordinance on 2nd Reading
o Implementing Resolution
o Set Public Hearing For
~
CONTINUED TO
FILE NUMBER
CITY MANAGER
RECOMMENDED ACTION
Authorize the city Manager and the Clerk of the Council to execute the
attached agreements with three contractors, Doty Bros. Construction
Company, Paulus Engineering, Inc. and Ken Thompson, Inc., for on-call
services for water and sewer emergencies, in an amount not to exceed
$130,000 each.
DISCUSSION
The City has a need to occasionally require the services of independent
contractors to assist in the emergency repair of sewer and water lines.
These services may include supplementing City personnel, materials and
equipment required to take immediate action necessary to prevent a system
outage, restore services to normal operating conditions and to maintain
services during such an emergency.
The three recommended contractors have been providing emergency services
to Santa Ana since 2003 and have a history of providing these services to
other agencies. Each contractor has the manpower, equipment and
experience required to assist with emergency pipeline repair work. The
rates listed for each contractor continue to be competitive.
Staff recommends securing the services of these three
assist the City during emergencies on an as-needed basis.
will be in effect for a three-year period and may be
period of two years.
contractors to
The agreements
extended for a
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
25E-1
Agreements for Water and
Sewer Emergencies
August 18, 2008
Page 2
FISCAL IMPACT
Funds are available in the Water Resources and Sanitary Sewer Service
Funds (account no. 64-575-6291 and 56-575-6291) .
APPROVED AS TO FUNDS AND ACCOUNTS:
(/)
/A
p~~~
I~Francisco Gutierrez
r- Executive Director
Finance & Management Services Agency
25E-2
ON-CALL AGREEMENT
THIS AGREEMENT made and entered into this _day of August 2008 by
and between DOTY BROS. CONSTRUCTION CO., a California corporation
(hereinafter "Contractor") and the City of Santa Ana, a charter city and municipal
corporation organized and existing under the Constitution and laws of the State of
California (hereinafter "City").
RECITALS
A. The City of Santa Ana's Public Works Agency Water Resources (City),
provides water and sewer services to persons and property located both
within and beyond the boundaries of City.
B. From time to time City requires the services of independent contractors
to assist City in natural or manmade emergency situations when City
has an insufficient number of personnel and/or insufficient materials
and/or equipment required to take action necessary on an expedited basis
to prevent a system outage, to expeditiously restore service to normal
operating conditions and/or to maintain service during such emergencies.
C. City desires to expedite securing services of contractors to provide
personnel, materials, tools, and/or equipment to assist City during such
emergencies (collectively, Services).
D. Contractor represents that Contractor is able and willing to provide such
services to the City.
E. City and Contractor previously entered into similar agreement for
on-call emergency services on August 20, 2003 and wish to renew that
relationship as indicated herein.
F. In undertaking the performance of this Agreement, Contractor represents
that it is knowledgeable in its field and that any services performed by
Contractor under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional
consulting firm in the field.
G. The public interest, welfare and economy will be served by this
Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises,
and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
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1. REQUEST FOR WORK
Upon notice from the Executive Director of Public Works or his designee that an
emergency exists and upon being requested to provide Services under this Agreement,
Contractor shall promptly determine, in his sole discretion, and promptly notify City
whether Contractor is willing and able to provide the Services requested by City. If the
Contractor is able and willing to provide the Services, Contractor shall so notify City and
shall immediately commence performance of the Services and diligently perform such
utility repair work as the Executive Director or his designee directs. Contractor shall
continue to furnish all tools, equipment, apparatus, facilities, labor, services and
transportation necessary to complete the Services.
2. SERVICES TO BE PROVIDED BY CONTRACTOR
a. Contractor shall provide Services to assist City in natural or manmade
emergency situations when City has an insufficient number of personnel and/or insufficient
materials and/or equipment required to take action necessary on an expedited basis to
prevent a system outage, to expeditiously restore service to normal operating conditions
and/or to maintain service during such emergencies. Contractor shall provide personnel,
materials, tools, and/or equipment to assist City during such emergencies.
b. Contractor shall, within ten (10) days of execution of Agreement, designate
an Authorized Representative and one alternate who shall have authority to act on behalf of
Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide
City with the information required on Exhibit A (Contact List).
3. CESSATION OF WORK
City may, at any time, declare that there is no further need for Contractor's services
in connection with a particular emergency, in which event Contractor shall cease work
promptly upon notification to do so, but in no event later than twenty four (24) hours after
notification. Contractor shall take any actions to secure the work prior to terminating the
work. Any cessation of work ordered by City shall not terminate this Agreement, as City
may require Contractor's further assistance in other emergencies.
4. NON EXCLUSIVE AGREEMENT
Contractor acknowledges that City may enter into agreements similar to this
Agreement with other contractors. City does not promise or guarantee that
Contractor's services will be called upon at any time or at all.
5. RESPONSIBILITES OF CITY
a. Documents. City will, upon request, provide Contractor with copies of
existing drawings, maps, and other existing information relevant to the Services to be
performed as may be readily available to City.
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25E-4
b. Authorized Representative. The Executive Director or his designee shall
serve as City Authorized Representative to coordinate, oversee and approve the Services
provided by the Contractor. The Executive Director or his designee is authorized to give
and receive any notices required herein and to terminate this Agreement as provided
herein.
c. Research of City Records. City will assist Contractor in researching the
Department's record data pertaining to City facilities.
d. Review of Contractor's Work Product. City will review the Services
provided by Contractor and comment as appropriate.
6. COMPENSA nON AND PAYMENT
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total sum to be expended
under this Agreement shall not exceed $130,000.00 during the term of this Agreement.
b. At any time, Contractor may propose changes to the rates and charges in
Exhibit B by giving City forty five (45) days prior written notice of the proposed rates.
The existing rates and charges shall remain effective for any work requested by City prior
to City receipt of notice of the proposed rates. No increase in rates and charges shall be
effective until and unless made in writing executed by the Executive Director of the
Public Works Agency and the City Attorney.
c. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
d. Contractor shall submit to City on a monthly basis an accurate accounting
of the Services performed by Contractor and a progress report showing the status of
completion of the work and related expenditures.
e. Contractor agrees to submit to City on a monthly basis a listing of the
actual expenses incurred in each item of work. Said submittal will also include the
forecasted cost for each item for the upcoming month.
7. FISCAL RECORDS AND AUDIT
Contractor shall use recognized accounting methods in preparing such invoices
and reports. City reserves the right to designate its own employee representative(s) or its
contracted representatives with a certified public accounting firm who shall have the right
to audit Contractor's accounting procedures and internal controls of Contractor's
financial systems and to examine any cost, revenue, payment, claim, other records or
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25E-5
supporting documentation resulting from any items set forth in this Agreement. If
Contractor fails to provide supporting documentation for any costs charged City to City's
satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s)
shall be undertaken by City or its representative(s) at reasonable times and in
conformance with generally accepted auditing standards. Contractor agrees to fully
cooperate with any such audit(s). This right to audit shall extend during the length of this
Agreement and for a period of three (3) years, or longer if required by law, following the
date of final payment under this Agreement. Contractor agrees to retain all necessary
records/documentation for the entire length of this audit period. Contractor will be
notified in writing of any exception taken as a result of an audit. Any adjustments and/or
payments which must be made as a result of any such audit or inspection of Contractor's
invoices and/or records shall be made within thirty (30) days from presentation of City's
findings to Contractor. If Contractor fails to make such payment, Contractor agrees to
pay interest, accruing monthly, at a rate often percent (10%) per annum unless another
section of this Agreement specifies a higher rate of interest, then the higher rate will
prevail. Interest will be computed from the date of written notification of exceptiones) to
the date Contractor reimburses City for any exceptiones). If an audit inspection or
examination in accordance with this article discloses overcharges (of any nature) by
Contractor to City in excess of one percent (1 %) of the value of that portion of the
contract that was audited, the actual cost of City's audit shall be reimbursed to City by
Contractor. Contractor reserves the right to contest any exception.
8. PROFESSIONAL PRACTICES
All services to be provided pursuant to this Agreement shall be provided by
personnel experienced in their respective fields and in a manner consistent with the
standards of care, diligence and skill ordinarily exercised by professional contractors in
similar circumstances in accordance with sound professional practices. Contractor's
engineering services will be furnished in accordance with generally accepted professional
engineering practice and principles and under the supervision of professional engineers
licensed in the State of California
Contractor assumes responsibility for any and all negligence, errors or omissions
that Contractor commits and any and all such negligence, errors or omissions committed
by a subcontractor of Contractor in performance of this Agreement. All equipment and/or
materials supplied pursuant to this Agreement shall be merchantable and fit for the
intended purpose and shall be free from defects in design, workmanship, and/or
materials. Contractor shall provide clear title to all materials supplied hereunder free and
clear of all encumbrances.
9. BREACH OF AGREEMENT
Contractor shall not be relieved of liability to City for damages sustained by City
by virtue of any breach of Agreement by Contractor, and City may withhold any payment
to Contractor for the purpose of set-off until such time as the exact amount of damages
due City from Contractor is determined. In addition, City may pursue all remedies
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25E-6
available for breach of this Agreement. The waiver by either party of any breach to this
Agreement shall not constitute a waiver as to any succeeding breach.
10. COMPLIANCE WITH LAWS
In the performance of this Agreement, Contractor shall abide by and conform to
(and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to)
any and all applicable laws, statutes, safety rules, and practices of the United States, the
State of California, the Charter and Ordinances of the City of Santa Ana, and any other
local laws (Laws and Practices). Further, Contractor warrants that all work done under
this Agreement shall be in strict compliance with such Laws and Practices, including, but
not limited to, Cal/OSHA regulations.
City or it Authorized Representative reserves the right to enter the work site to
make reasonable inspections, to monitor compliance with such Laws and Practices, and
with the terms of this Agreement. The Contractor shall at all times maintain proper
facilities and provide safe access for inspection by City, its engineer or representatives, to
all parts of the work and associated jobs. Where the specifications require work to be
specially tested or approved, it shall not be tested without timely notice to City of its
readiness for inspection and without approval thereof, or consent thereto by the City.
City also reserves the following rights under this Agreement:
a. If City Authorized Representative identifies a noncompliance situation,
the Authorized Representative may inform Contractor of same and require that the
situation be promptly rectified to the satisfaction of City's Authorized Representative.
b. If City Authorized Representative identifies a Noncompliance situation,
which in the opinion of the Authorized Representative, constitutes an immediate potential
for bodily harm, danger of serious bodily harm or death, or significant property damage,
the Authorized Representative may contact Contractor's Authorized Representative and
recommend that work be stopped until the situation is rectified to the satisfaction of
City's Authorized Representative.
The election of City not to exercise its rights under sub-paragraphs a through b
above shall impose no liability on City, nor shall it relieve Contractor of any of its duties
or obligations under the terms of this Agreement. Additionally, the election of City to
exercise its rights under subparagraph a through b above shall impose no liability on City,
nor shall it relieve Contractor of any of its duties or obligations under the terms of this
Agreement, provided that City acted in good faith in the exercise of such rights.
The Contractor shall dispose of all materials used in conjunction with the
performance of this Agreement in strict compliance with all local, state and federal
environmental and/or waste management rules, regulations, laws, statutes and practices.
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11. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as
a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein. If any provision of this Agreement shall be held invalid, such
invalidity shall not affect the other provisions.
12. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Contractor performs the services which are the subject matter of this
Agreement; however, the services to be provided by Contractor shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible
for all applicable withholding taxes.
13. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury, including
death resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
1,000,000 per occurrence. Contractor shall supply City with a fully executed additional
insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
b. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than 1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
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Prior to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not less than
1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined single
limit of not less than 1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City
f. If Contractor fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have the right, at
the City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation and
agrees to indemnify the City for any work performed prior to approval of insurance by
the City.
14. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including health, and claims for property
damage, which may arise from the direct or indirect operations of the Contractor or its
contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from any
claim for personal injury, damages, just compensation, restitution, judicial or equitable
relief due by reason of the terms of or effects arising from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of,
or effects, arising from this Agreement.
25E-9
15. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any information
that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference
to information disclosed by the City.
16. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
17. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M 30)
P.O. Box 1988
Santa Ana, CA 92702 1988
Telefacsimile (714) 647-6956
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
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25E-10
P.O. Box 1988
Santa Ana, CA 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M 29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6515
To Contractor:
Doty Bros Construction Company
11232 E. Firestone Blvd
Norwalk, CA 90650
Telefacsimile (562) 864-6566
Attn: Mr. Dan Squiers
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given three
(3) days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by te1efacsimile, any
notice, tender, demand, delivery, or other communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed, as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall
be excluded.
18. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein
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19. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other Contractors retained by City.
20. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of Termination. In such event, Contractor shall be entitled to receive and the City
shall pay Contractor compensation for all services performed by Contractor prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Contractor to deliver to the City all work product completed as of such date, and in such
case such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals ofthis Agreement
21. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
22. JURISDICTION VENUE
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance with the
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
of the clauses of this Agreement shall be determined and governed by the laws of the
State of California. Both parties further agree that Orange County, California, shall be the
venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Agreement.
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23. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately and in writing of its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
24. MISCELLANEOUS PROVIS IONS
a. Each undersigned represents and warrants by its signature herein below
that they have the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
CITY OF SANT ANA
David N. Ream
City Manager
PATRICIA E. HEALY
Clerk of Council
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Jose Sandoval
Assistant City Attorney
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APPROVED AS TO CONTENT:
JAMES G. ROSS
Executive Director,
Public Works Agency
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CONTRACTOR
Doty Bros. Equipment Co.
Daniel C. Squiers, Vice President
95-2371782
Employer ID# or Individual SS#
DOTY BROS.
Construction Company
MASTER EQUIPMENT UST AND RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1,2008 TO DECEMBER 31, 2008
MISCELLANEOUS
ULi! .I2&l..I..
8m
#3091 $ SO.OO
#870 $ 8.00
#857 $ SO.OO
#859 $ 35.00
#1193 $ 125.00
#880 $ 2.50
#833 $ 75.00
#334 $ 100.00
#832 $ 50.00
#830 $ 75.00
#831 $ 100.00
#829 $ 42.SO
#1092 $ 160.00
#854 $ 10.00
#1178 $ 15.00
#1520 $ 25.00
#1177 $ 20.00
#836 $ 25.00
#845 $ 25.00
$ 43.00
#846 $ 3.00
#850 $ so.oo
#868 $ 35.00
#866 $ 35.00
#890 $ 10.00
#886 $ 15.00
#1823 $ 125.00
#891 S 40.00
#882 $ 4.00
#878 $ 6.25
#810 $ 53.00
$ 60.00
#879 $ 2.50
#811 $ 20.00
#812 $ 25.00
#813 $ 25.00
#855 $ 30.00
S 60.00
$ 125.00
#841 $ 25.00
#3095 $200.00
#1807 $ 53.00
#814 $ 25.00
#815 $ 25.00
#838 $ 25.00
#889 $ 100.00
#819 $ 25.00
#821 $ 15.00
#822 $ 20.00
#864 $ 35.00
#875 $ 10.00
#845B $ 75.00
#824 $ 25.00
#849 $ 15.00
#840 $ 43.00
#S07 $ 35.00
#1885 $ 100.00
#1082 $ 400.00
#1190 $1165.00 WEEKLY
#885 $ 15.00
#839 S SO.OO
#851 $ 25.00
ADDITIONAL (1) TORQUE HEAD FOR HYDRAUlIC TORQUE WRENCH
AIR HOSE 314" X 50'
AIR SAW
AIR TAMPER
ASPHALT SPREADER BAR
BARRICADES
BEVELING BAND 14"-20"
BEVELING BAND 24'-42"
BEVELING BAND 4"-12"
BEVELING MACHINE 14"-20"
BEVELING MACHINE 24"-42"
BEVELING MACHINE 4'-12"
BORING MACHINE - CASE HYDRA
BORE MOTOR
BORING MACHINE 1-112" & 1 314"
BORING MACHNE 4" - 8"
BORING MACHINE 3-112"
BUFFER & GRINDER
BUILDER LEVEL -AC-2X NIKON
CEMENT MIXER
CHAIN LINK FENCE PANELS
CHAIN SAW 16" (INCLUDES BLADES)
CHIPPING GUN (Plus Steel)
CLAY SPADE (Plus Steel)
CLEANING BALL
COM-A-lONG / CHAIN
CONCRETE FINS HER
CONCRETE VIBRATOR
CONSTRUCTION SIGNS
CROSSING PLATES
CUT OFF I CHOP SAW
DEAD WEIGHT TESTER
DELINEATORS
DRILL MOTOR 112"
DRILL MOTOR 314"
DRY ROO OVEN - PORTABLE
DUCT ROO
EMULSION POT SPRAYER
flOODLIGHT TRIAlER (MERCURY VAPOR LIGHTS)
flOW LINER
FUSION MACHINE 4-12" Macelroy
GENERATOR (3.5 - 5 KW)
HEAT TRACER
HEATER
HOLIDAY DETECTOR
HYDRAULIC STAR CUTTER
IMPACT GUN 1"
IMPACT GUN 1/2"
IMPACT GUN 314"
IMPACT WRENCH l'
LADDER
LASER LEVEL
LEAF BLOWER
LIGHT STAND
MANHOLE BLOWER
PAVEMENT BREAKER / JACKHAMMER
PIPE BENDER 5" GREENLEE
PIPE BENDER MACHINE 6-20" (Plus shoeslfrel!lht per day)
PIPE BENDER SHOES /1082 BENDER
PIPE CUTTER - RIDGID SOIL
PIPE CUTTER LINEUP CLAMP 16"-36"
PIPE CUTTER LINEUP CLAMP 8"-14"
(Accu-punch)
(Accu..punch)
(Accu-punch )
(INCLUDES BLADES)
MISCELLANEOUS !Q.f
PIPE LOCATOR #843
PIPE LOCATOR - METROTECH #1935
PIPE PUSHER I GRUNDORAM - HERCULE #1939
PL YWOOO 1/3 REPLACEMENT COST #897
PNEUMATIC/HYDRAU TORQUE WRENCH #3090
PORTABLE BAND SAW #860
POWER THREADER #853
PRESSURE WASHER TRAILER MOUNT. #6941
PUMP - SKID MOUNT BENTONITE #1166
PUMP - SUBMERSIBLE #861
RIGID ROlL GROOVER '#873 & .a~\
RIVET BUSTER I RIPPING GUN #869
ROCK DRIll (Plus Steel) #865
ROCK SEPARATOR - GRIZZlY #1811
ROTARY HAMMER (Plus Steel) #852
SANDBLASTER - UNIT (with accessories) #1175
SAWZALL #874
SHORING LUMBER 3" X 12" X 14' 1113 REPlACEMENT cosn #895
SHORING LUMBER 8" X 8" X 8' 1113 REPlACEMENTCOSn #896
SKU SAW (INCLUDES BLADES} #835
TAP MACHINE - T.O. WillIAMSON (UP TO 3') #8Zl
TAR POT #862
TEST PLUG #892
TEST PUMP 200 lB.-400 LB. SPRAGUE #1815
TEST PUMP 5.000 LB. TRAILER MOUNTED #6818
TEST PUMP Hi!:lh Pressure #1940
TEST PUMP Portable 200lb 1t816 & #8171
TESTING TASLE #1834
TRAFFIC CONES #881
TRANSIT - THEOlITE #845C
TRENCH BOX -6' X 10' #1910
TRENCH BOX-4' X 10' #1909
TRENCH JACK (SCREW) #8n
TRENCH JACK (HYDRAULIC) #876
TRENCHER #1160
TR~VlSE ~
VIBRATOR PlATE
WALKIE TALKIES (SET OF 2)
WATER HOSE 1 112" X SO'
WATER HOSE 2 112" X SO'
WATER PUMP 2" Portable
WATER PUMP 3" Portable
WEEDEATER
WHAlERS HYDRAULIC
WINCH 10 TON (GRUNDO)
#893
#871
#872
#1831
#1832
#116
#1894
#6042
SAFETY AND HAZMAT EQUIPMENT
EXPlOSIMETER
4 WAY GAS MONITOR
MULTI-GAS DETECTOR / P1D
AIR SUPPLY UNIT
ESCAPE AIR PACK
H2S MONITOR
HAZMA T SUIT - TYVEK
HAZMA T TRAILER
RESPERATOR - HALFIFULl MASK
SCBA - self contained
SCBA cylinder - extra
TRIPOD WITH WINCH
#844
#921
#914
#922
#918
#920
#912
#6648
#911
#916
#917
#913
~
BAll
$ 25.00
$ 40.00
$ 600.00
S 3.00
$ 1 50.00
$ 35.00
$ 85.00
S 160.00
$ 107.00
$ 27.00
$ 30.00
$ 50.00
$ 35.00
$ 85.00
$ 50.00
$ 125.00
$ 15.00
$ 3.00
$ 3.00
$ 20.00
$ 100.00
$ SO.OO
$ 10.00
$ 125.00
$ 187.00
$ 125.00
S 80.00
S 60.00
$ 2.SO
$ 35.00
$ 200.00
$ 130.00
$ 4.00
$ 20.00
$ 125.00
$ 25.00
$ 91.00
$ 25.00
$ 6.00
$ 7.50
$ 53.00
$ 80.00
$ 50.00
$ 300.00
$ 300.00
DAILY
.BJSl
$ 50.00
$ 100.00
$ 100.00
$ SO.OO
$ 25.00
$ 15.00
$ 8.00
$ 20.00
$ 5.00
$ 40.00
$ 25.00
$ 100.00
P_2o/2
] 1232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax.: (562) 864-6052 www.dotybros.eom CA Lie. 273024
25E-15
DOTY BROS.
Construction Company
MASTER EQUIPMENT LIST AND RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1, 2008 TO DECEMBER 31, 2008
BACK HOES !IU Hmu:!x. ROAD EQUIPMENT .m.! ~
.BIll BIll
AUGER #1189 $ 20.00 CABLE DOllY - ONE REEL (Trailor Mounted) S 12.00
AccessOlV - COMPACTION WHEEL EXECAVATOR #1181 S 40.00 CABLE DOLLY - THREE REEL (TraUor Mounted) $ 25.00
Accessory - COMPACT WHEB.. F/CASE-JD #1179 $ 20.00 FLASHING ARROWBOARD - (4 HR. MIN.) S 17.00
Accessory - HYDRAULIC BREAKER I CASE & JD #1183 $ 50.00 GRADER - CAT 140 #R7791 $ 85.50
Accessory- VIBRATORY PLATE #1535 $ 40.00 GRINDER' COlD PLANER (BITELlIl- (4 HR. MIN.) #1187 $ 235.00
POWER BROOM - TRACTOR MOUNTED #1085 $ 20.00 ROLLER . (RIOE ON) $ 30.00
CC-135A ROCK WHEEL #1313 $ 75.00 ROLLER (WALK BEHIND)- 1 TON VIBRATOR $ 24.00
CASE 580/JD 310 $ 41.75 ROLLER TRAILER $ 12.00
CASE 590 $ 43.75 TLTTRALER #6366 S 12.00
CA T 300 - TRACK MOUNTED #4055 $ 117.50 TRENCHER TRAILER #6481 $ 12.00
CA T 345 - TRACK MOUNTED #4072 $ 147.50 UTILITY TRAILER #6452 S 12.00
CAT 416 #4147 $ 39.75 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00
JD 710 S 47.75 ASPHALT PAVER- LEE BOY 10000 111196 $ 117.00
CEMENT SAW - WAlK BEHIND #1938 $ 34.00
COMPACTION EQUIPMENT
ARROW (HYDRO HAMMER) I STOMPER $ 46.00 ~
SHEEPS FOOT - Tow Behind (VibratlnQ) #1169 $ 16.00 2-3 TON LUBE TRUCK #3450 $ 18.50
WACKER TAMPER #1860 $ 23.50 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck S 26.00
BACK HOE MOVER TRUCK $ 23.50
COMPRESSORS W190 LB. BREAKER. CLAY SPADE & TAMPER CEMENT TRUCK wi mixer and compressor #3338 S 52.50
COMPRESSOR 125 - 185 CFM $ 21.50 DUMP TRUCK 10 WHEELER S 31.50
COMPRESSOR - AIR. PORTABLE (PER DAY RATE) 111808 S 107.00 EQUIPMENT TRAILER - 20,000 LB $ 14.00
EQUIPMENT TRALER - 40.000 LB $ 16.00
~ FLATBED with LIFT #3693 $ 25.50
BOOM TRUCK - 8 TON #3647 S 37.50 FLATBED with MIXER I DUMP #3392 $ 52.50
BOOM TRUCK - 10.11 TON S 52.50 LOWBED TRAlLER wllractor & move permit fees #34S6 $ 48.50
BOOM TRUCK - 14 TON $ 56.50 lOWSIDE END DUMP TRAILER WI TRACTOR #3418 S 45.50
BOOM TRUCK 23 - 25 TON #3308 S 61.50 PICKUP TRUCKS - MISC. TOOlS NOT INCLUDED S 17.50
CRANE - RT 115-18 TON (oreQulvalent) S 63.50 PfCK-UP - RENTAL NUMBER Rnoo S 17.50
SERVICE TRUCK - MISC TOOlS NOT INCLUDED S 19.50
DOZERS I SIDEBOOMS SERVICE VAN - MISC TOOLS NOT INCLUDED $ 17.50
DOZER JD 450 #5078 $ 46.25 TEST PUMP TRUCK #3401 $ 82.50
SIDEBOOM CAT ~ $ 60.25 TEST TRALER (Hyprostalic) (#6549 & 6674) $ 32.00
SIDEBOOM CAT 0-7 #5063 $ 69.25 UTILITY VEHICLE (NON-HWY) $ 24.50
SIDEBOOM CAT 561 #5045 $ 66.25 WATER TRUCK. (1.500 - 2.000 GALS.) S 32.50
SIDEBOOM CAT 572 #5067 S 81.25 WATERTRUCK - (3.500 GAlS.) #30464 S 42.50
SIDEBooM JD 450 $ 44.25 WINCH TRUCK #3395 $ 32.50
FORKLIFTS MISCELLANEOUS
FORKLIFT - HYSTER 20,000 La 111203 S 36.75 BOARING MACHINE HYDRAULIC #1521 $ 25.00
FORKLIFT - LION 6.000 LB #1204 $ 24.75 BORE MACHINE TRAILER #6447 $ 10.00
TAP MACHINE (Water ~nes 3" to 12") (Per inch I per day) #828 $ 30.00
LOADERS TAP MACHINE (Water lines up to 2") (Per Inch I Per day) #820 $ 20.00
LOADER - BOBCAT WI BUCKET #1184/ S 28.75
LOADER - BOBCAT WI SWEEPER #11~ $ 38.75 'NELDERS
LOADER - BOBCAT WI GRINDER 111184C $ 58.75 200 AMF - TRUCK MOUNTED $ 30.50
RUBBER TIRE LOADER - 544 JD #5086 $ 49.50 200 AMF, SKID MOUNTED or TRAILER S 17.50
RUBBER TIRE LOADER - 930 CAT 1#5089 $ 51.50 WELDER - RIG RENTAl NUMBER Rn04 $ 30.50
RUBBER TIRE LOADER - 950 CAT #5087 $ 62.50
RUBBER TIRE LOADER - 950EIF CAT #5099$ 73.50 FABRICATION SHOP & EQUIPMENT #101 $ 91.00
RUBBER TIRE LOADER - 966 CAT #5070 S 68.50
SKIPlOADER - CASE 580 I MF 40E I F 445 $ 33.75
POOOlo12
11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024
25E-16
DOTY BROS.
Construction Company
COST PLUS RATES
SOUTHERN CAUFORNIA
COST PLUS RATES EFFECTIVE JULY 1,2008 TO JUNE 30, 2009
PAY STRAIGHT OIlER DOUBLE PAY STRAIGHT OVER DOUBLE
CRAFTSMANlCLASS CODE TIME TfME TfME CRAFTSMANlCLASS CODE TIME TIME TIllE
CARPENTERS OPERA TINO ENGINEERS
General Foreman CGF 8562 121.78 157.93 Gen~IFo~,Ap~.A ooF 91.63 126.80 161.97
Operating Foreman COF 80.32 113.82 147.32 Foreman. Appdx. A OFM 88.29 121.79 155.29
Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler 001 80.13 109.56 136.98
Joume~an CJM 75.62 106.n 137.92 Group 2, Appdx. A . OUer 002 81.44 111.51 141.58
Sh ingler CSJ 75.63 107.09 138.35 Group 6, Appdx. A - Universal 0G8 84.96 116.79 146.62
Apprentice. 8th Period (90%) CA8 69.39 97.42 125.46 Group 10, Appdx. A. Mechanic OGA 85.16 117.09 149.02
Group 8. Appdx. B - Crane < 25 TOII$ 0B8 85.44 117.51 149.59
MILLWRIGHTS Group 9. Appdx. B . Crane> 25 Tons 089 85.72 117.94 150.16
General Foreman CMG 86.46 123.03 159.60 Appl'lln1lce, Grp 8, Appdx A . Step 6 (90%) OA6 78.59 107.24 135.89
Foreman CMF 81.45 115.52 149.59
Joume~an CMJ 76.45 108.02 139.58
Apprentice - 8th Period (95%) CM8 66.98 93.81 120.64 UA. PIPEFlTTERSlWELDERS
INDUSTRIAL
General Foreman IGF 94.98 129.68 164.38
CEMENT MASONS Foreman IFM 89.09 121.02 152.94
Foreman MFM 75.86 102.13 128.41 Journeyman. Welder/Frtter IJM 80.25 108.01 135.78
Joumeyman MJM 72.53 97.13 121.73 Apprentice. Fifth Year IA5 67.68 92.67 117.65
F & T l\Aachine Operator MTO 72.94 97.76 122.57
Apprentice. 8th 6 Mos. (90%) MA8 67.61 89.75 111.89 SHORTlINE (LOCAL 250)
Foreman SFM 93.31 129.90 163.68
LABORERS Journeyman (WelderlFitter) SJM 90.31 125.40 157.75
Operator General Foreman LOG 88.76 123.93 159.10 Welder Helper SWH 50.30 68.50 85.65
Operator Foreman LOF 85.43 118.93 152.43 Pre-Helper SPH 29.96 41.02 52.08
General Foreman LGF 71.35 97.81 124.28
Foreman LFM 69.68 95.31 120.94
Group 1 - General LGl 62.34 84.30 106.26
Group 2. Wrapper To 6" LG2 63.26 85.68 108.10 UTlUTY
Group 3 - PTOM'rapper> 6" lG3 64.18 87.05 109.93 Foreman UFM 63.47 69.04 113.29
Group 4 . Pipe la1'8'". C&S LG4 66.76 90.93 115.10 Welder UWD 61.21 82.85 104.48
Group 5 . Blaster LG5 67.35 91.81 116.27 JoumeymanlFuser UJM 52.57 70.31 88.04
Apprentice.6th Period (85%) LA6 51.63 72.42 93.22 Pipe Tradesman II UP2 40.22 51.89 63.57
TEAMSTERS ELECTRICIANS I INSIDE WIREMEN
Operator Ger.al Foreman TOG 93.86 129.03 164.20 (RaIN sUbJeel to project IoclltloR & employee bue Iocldionl
Operator Foreman TOF 90.53 124.03 157.53 Ger.al Foreman EGF 97.65 136.91 176.17
General Foreman TGF 72.63 97.16 121.74 Foreman EFM 90.42 126.06 161.70
FOrBman TFM 70.96 94.68 118.40 Journeyman EJM 83.18 115.20 147.22
Group 2 - 2 Axle TG2 67.88 90.05 112.23 Apprentice - 10th Period (85%) EAO 7207 99.29 12(j,51
Group 3 - 3 Axle TG3 68.09 90.38 112.66
Group 5. Worlling Truck Driver TGS 68.46 90.93 113.40 PROJECT MANAGEMENT
Group 6 . 4 Of More Axle TOO 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85
Group 9 . Ll>-Bed TG9 69.68 92.76 115.83 Superintendent MSP 95.40 130.02 167.93
Group 12 - WTD BoomTrk Cart TBT 71.73 95.83 119.94 ~t Engineer MPE 74.04 108.37 142.70
Apprentice Rat..: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on
actual classification.
Subsistence: $85.OOIday
Travel Time: Customer will be advised if travel time is applicable
OvertJme Rilt..: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shal be paid at double time. FOf Operating
Engineers. first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all additional hours at double lime except holidays
which are at triple time. Emergency -callout work-. Four (4) hour minimum for labor and equipment.
Markup: Material, subcontractors, subsistence. and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable. plus mark-up of 15%
Boundarl.. of Southem Callfomla Caet Plus Rat..: consists of the eleven (11) counties of Los Angeles, Inyo, Mono. Orange, Riverside. San Bernardino,
Imperial, Ventura, Santa Samara, San Luis Obispo. Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock. San Nicholas Island, Catalina Island, San
Clemente Island, San Mguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not
include San Diego County.
NOTE: Wage sealH are In accordance with Anoclated General Contractors Muter Lsbor Agreement. and are subject to change without notice. This
rate sheet Is not a1llncluslw; additional c1asslflcatlons available If required. (v2.0) CA C.L. 273024
11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (5~ g~~~,: (562) 864-6052 www.dotybros.eom CA Lie. 273024
ON-CALL AGREEMENT
THIS AGREEMENT made and entered into this _day of August 2008 by
and between PAULUS ENGINEERING, INC., a California corporation (hereinafter
"Contractor") and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECIT ALS
A. The City of Santa Ana's Public Works Agency Water Resources (City),
provides water and sewer services to persons and property located both
within and beyond the boundaries of City.
B. From time to time City requires the services of independent contractors
to assist City in natural or manmade emergency situations when City
has an insufficient number of personnel and/or insufficient materials
and/or equipment required to take action necessary on an expedited basis
to prevent a system outage, to expeditiously restore service to normal
operating conditions and/or to maintain service during such emergencies.
C. City desires to expedite securing services of contractors to provide
personnel, materials, tools, and/or equipment to assist City during such
emergencies (collectively, Services).
D. Contractor represents that Contractor is able and willing to provide such
services to the City.
E. City and Contractor previously entered into similar agreement for
on-call emergency services on August 20, 2003 and wish to renew that
relationship as indicated herein.
F. In undertaking the performance of this Agreement, Contractor represents
that it is knowledgeable in its field and that any services performed by
Contractor under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional
consulting firm in the field.
G. The public interest, welfare and economy will be served by this
Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises,
and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1
25E-18
1. REQUEST FOR WORK
Upon notice from the Executive Director of Public Works or his designee that an
emergency exists and upon being requested to provide Services under this Agreement,
Contractor shall promptly determine, in his sole discretion, and promptly notify City
whether Contractor is willing and able to provide the Services requested by City. If the
Contractor is able and willing to provide the Services, Contractor shall so notify City and
shall immediately commence performance of the Services and diligently perform such
utility repair work as the Executive Director or his designee directs. Contractor shall
continue to furnish all tools, equipment, apparatus, facilities, labor, services and
transportation necessary to complete the Services.
2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY
CONTRACTOR
a. The term of this Agreement shall begin upon execution of this Agreement
and shall expire at the conclusion of three (3) years with an option to renew for another two
(2) years exercisable by the City Manager.
b. Contractor shall provide Services to assist City in natural or manmade
emergency situations when City has an insufficient number of personnel and/or insufficient
materials and/or equipment required to take action necessary on an expedited basis to
prevent a system outage, to expeditiously restore service to normal operating conditions
and/or to maintain service during such emergencies. Contractor shall provide personnel,
materials, tools, and/or equipment to assist City during such emergencies.
c. Contractor shall, within ten (10) days of execution of Agreement, designate
an Authorized Representative and one alternate who shall have authority to act on behalf of
Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide
City with the information required on Exhibit A (Contact List).
3. CESSATION OF WORK
City may, at any time, declare that there is no further need for Contractor's services
in connection with a particular emergency, in which event Contractor shall cease work
promptly upon notification to do so, but in no event later than twenty four (24) hours after
notification. Contractor shall take any actions to secure the work prior to terminating the
work. Any cessation of work ordered by City shall not terminate this Agreement, as City
may require Contractor's further assistance in other emergencies.
4. NON EXCLUSIVE AGREEMENT
Contractor acknowledges that City may enter into agreements similar to this
Agreement with other contractors. City does not promise or guarantee that
Contractor's services will be called upon at any time or at all.
2
25E-19
5. RESPONSIBILITES OF CITY
a. Documents. City will, upon request, provide Contractor with copies of
existing drawings, maps, and other existing information relevant to the Services to be
performed as may be readily available to City.
b. Authorized Representative. The Executive Director or his designee shall
serve as City Authorized Representative to coordinate, oversee and approve the Services
provided by the Contractor. The Executive Director or his designee is authorized to give
and receive any notices required herein and to terminate this Agreement as provided
herein.
c. Research of City Records. City will assist Contractor in researching the
Department's record data pertaining to City facilities.
d. Review of Contractor's Work Product. City will review the Services
provided by Contractor and comment as appropriate.
6. COMPENSA nON AND PAYMENT
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total sum to be expended
under this Agreement shall not exceed $130,000.00 during the term of this Agreement.
b. At any time, Contractor may propose changes to the rates and charges in
Exhibit B by giving City forty five (45) days prior written notice of the proposed rates.
The existing rates and charges shall remain effective for any work requested by City prior
to City receipt of notice of the proposed rates. No increase in rates and charges shall be
effective until and unless made in writing executed by the Executive Director of the
Public Works Agency and the City Attorney.
c. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
d. Contractor shall submit to City on a monthly basis an accurate accounting
of the Services performed by Contractor and a progress report showing the status of
completion of the work and related expenditures.
e. Contractor agrees to submit to City on a monthly basis a listing of the
actual expenses incurred in each item of work. Said submittal will also include the
forecasted cost for each item for the upcoming month.
3
25E-20
7. FISCAL RECORDS AND AUDIT
Contractor shall use recognized accounting methods in preparing such invoices
and reports. City reserves the right to designate its own employee representative(s) or its
contracted representatives with a certified public accounting firm who shall have the right
to audit Contractor's accounting procedures and internal controls of Contractor's
financial systems and to examine any cost, revenue, payment, claim, other records or
supporting documentation resulting from any items set forth in this Agreement. If
Contractor fails to provide supporting documentation for any costs charged City to City's
satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s)
shall be undertaken by City or its representative(s) at reasonable times and in
conformance with generally accepted auditing standards. Contractor agrees to fully
cooperate with any such audit(s). This right to audit shall extend during the length of this
Agreement and for a period of three (3) years, or longer if required by law, following the
date of final payment under this Agreement. Contractor agrees to retain all necessary
records/documentation for the entire length of this audit period. Contractor will be
notified in writing of any exception taken as a result of an audit. Any adjustments and/or
payments which must be made as a result of any such audit or inspection of Contractor's
invoices and/or records shall be made within thirty (30) days from presentation of City's
findings to Contractor. If Contractor fails to make such payment, Contractor agrees to
pay interest, accruing monthly, at a rate often percent (10%) per annum unless another
section of this Agreement specifies a higher rate of interest, then the higher rate will
prevail. Interest will be computed from the date of written notification of exception( s) to
the date Contractor reimburses City for any exceptiones). If an audit inspection or
examination in accordance with this article discloses overcharges (of any nature) by
Contractor to City in excess of one percent (1 %) of the value of that portion of the
contract that was audited, the actual cost of City's audit shall be reimbursed to City by
Contractor. Contractor reserves the right to contest any exception.
8. PROFESSIONAL PRACTICES
All services to be provided pursuant to this Agreement shall be provided by
personnel experienced in their respective fields and in a manner consistent with the
standards of care, diligence and skill ordinarily exercised by professional contractors in
similar circumstances in accordance with sound professional practices. Contractor's
engineering services will be furnished in accordance with generally accepted professional
engineering practice and principles and under the supervision of professional engineers
licensed in the State of California
Contractor assumes responsibility for any and all negligence, errors or omissions
that Contractor commits and any and all such negligence, errors or omissions committed
by a subcontractor of Contractor in performance of this Agreement. All equipment and/or
materials supplied pursuant to this Agreement shall be merchantable and fit for the
intended purpose and shall be free from defects in design, workmanship, and/or
materials. Contractor shall provide clear title to all materials supplied hereunder free and
clear of all encumbrances.
4
25E-21
9. BREACH OF AGREEMENT
Contractor shall not be relieved of liability to City for damages sustained by City
by virtue of any breach of Agreement by Contractor, and City may withhold any payment
to Contractor for the purpose of set-off until such time as the exact amount of damages
due City from Contractor is determined. In addition, City may pursue all remedies
available for breach of this Agreement. The waiver by either party of any breach to this
Agreement shall not constitute a waiver as to any succeeding breach.
10. COMPLIANCE WITH LAWS
In the performance of this Agreement, Contractor shall abide by and conform to
(and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to)
any and all applicable laws, statutes, safety rules, and practices of the United States, the
State of California, the Charter and Ordinances of the City of Santa Ana, and any other
local laws (Laws and Practices). Further, Contractor warrants that all work done under
this Agreement shall be in strict compliance with such Laws and Practices, including, but
not limited to, Cal/OSHA regulations.
City or it Authorized Representative reserves the right to enter the work site to
make reasonable inspections, to monitor compliance with such Laws and Practices, and
with the terms of this Agreement. The Contractor shall at all times maintain proper
facilities and provide safe access for inspection by City, its engineer or representatives, to
all parts of the work and associated jobs. Where the specifications require work to be
specially tested or approved, it shall not be tested without timely notice to City of its
readiness for inspection and without approval thereof, or consent thereto by the City.
City also reserves the following rights under this Agreement:
a. If City Authorized Representative identifies a noncompliance situation,
the Authorized Representative may inform Contractor of same and require that the
situation be promptly rectified to the satisfaction of City's Authorized Representative.
b. If City Authorized Representative identifies a Noncompliance situation,
which in the opinion of the Authorized Representative, constitutes an immediate potential
for bodily harm, danger of serious bodily harm or death, or significant property damage,
the Authorized Representative may contact Contractor's Authorized Representative and
recommend that work be stopped until the situation is rectified to the satisfaction of
City's Authorized Representative.
The election of City not to exercise its rights under sub-paragraphs a through b
above shall impose no liability on City, nor shall it relieve Contractor of any of its duties
or obligations under the terms of this Agreement. Additionally, the election of City to
exercise its rights under subparagraph a through b above shall impose no liability on City,
nor shall it relieve Contractor of any of its duties or obligations under the terms of this
Agreement, provided that City acted in good faith in the exercise of such rights.
5
25E-22
The Contractor shall dispose of all materials used in conjunction with the
performance of this Agreement in strict compliance with all local, state and federal
environmental and/or waste management rules, regulations, laws, statutes and practices.
II. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as
a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein. If any provision of this Agreement shall be held invalid, such
invalidity shall not affect the other provisions.
12. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Contractor performs the services which are the subject matter of this
Agreement; however, the services to be provided by Contractor shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible
for all applicable withholding taxes.
13. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury, including
death resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
1,000,000 per occurrence. Contractor shall supply City with a fully executed additional
insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
6
25E-23
b. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than 1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not less than
1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined single
limit of not less than 1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City
f. If Contractor fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have the right, at
the City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation and
agrees to indemnify the City for any work performed prior to approval of insurance by
the City.
14. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including health, and claims for property
damage, which may arise from the direct or indirect operations of the Contractor or its
contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from any
claim for personal injury, damages, just compensation, restitution, judicial or equitable
7
25E-24
relief due by reason of the terms of or effects ansmg from this Agreement. This
indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of,
or effects, arising from this Agreement.
15. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any information
that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference
to information disclosed by the City.
16. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
17. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M 30)
P.O. Box 1988
Santa Ana, CA 92702 1988
Telefacsimile (714) 647-6956
8
25E-25
With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
P.O. Box 1988
Santa Ana, CA 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M 29)
P.O. Box 1988
Santa Ana, CA 92702
T elefacsimile (714) 647-6515
To Contractor:
Mailing address:
Paulus Engineering, Inc.
2871 Coronado Street
Anaheim, CA 92806
P.O. Box 6216
Anaheim, CA 92816
T elefacsimile
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given three
(3) days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any
notice, tender, demand, delivery, or other communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed, as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall
be excluded.
18. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
9
25E-26
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein
19. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other Contractors retained by City.
20. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of Termination. In such event, Contractor shall be entitled to receive and the City
shall pay Contractor compensation for all services performed by Contractor prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Contractor to deliver to the City all work product completed as of such date, and in such
case such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement
21. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
22. JURISDICTION VENUE
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance with the
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
10
25E-27
of the clauses of this Agreement shall be determined and governed by the laws of the
State of California. Both parties further agree that Orange County, California, shall be the
venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Agreement.
23. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately and in writing of its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
24. MISCELLANEOUS PROVIS IONS
a. Each undersigned represents and warrants by its signature herein below
that they have the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
CITY OF SANT ANA
PATRICIA E. HEALY
Clerk of Council
David N. Ream
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Jose Sandoval
Assistant City Attorney
11
25E-28
APPROVED AS TO CONTENT:
JAMES G. ROSS
Executive Director,
Public Works Agency
12
25E-29
CONTRACTOR
Paulus Engineering, Inc.
Employer ID# or Individual SS#
Paulus Enl!ineerint!. Inc.
TIME & MATERIAL WORKSHEET
Customer.
Work Authorized by.
DescriiJlion
Project:
Work Date:
Foreman:
TMNo.
Job No.
QTY I LABOR lREG HRslOfT HRSI REG RATE I on RATE I REG TOTAL I on TOTAL
laborer $ 52.00 $ 78.00 $ $
Pipelayer $ 58.00 $ 87.00 $ $
Operator $ 66.00 $ 99.00 $ $
Truck Driver $ 66.00 $ 99.00 $ $
Foreman $ 78.00 $ 117.00 $ $
Superintendent $ 95.00 $ 142.50 $ $
Subtotal $ $
Mark Up 0/. 15% $ $
TOTAL $ $
QTY I BARE EQUIPMENT AMT. I I UNIT I TOTAL
Cat 345 Excavator HR $ 150.00 $
Compaction Wheel HR $ 35.00 $
Hitachi 4001450 Excavator HR $ 150.00 $
Compaction Wheel HR $ 35.00 $
Cal240/33O-Yulani 320 Excavator HR $ 120.00 $
Compaction Wheel HR $ 35.00 $
Cat 962 Wheel Loader HR $ 115.00 $
Cat 950 Wheel Loader HR S 95.00 $
Lowbed Tractorrrrailer HR $ 90.00 $
Cat Backhoe HR $ 70.00 $
Compacllon Wheel or Breaker HR $ 25.00 $
Boom Truck HR $ 38.00 $
10 Wheel Dump Truck HR $ 52.00 $
6 Wheel Dump Truck HR $ 43.00 $
6 Wheel Flat Bed Truck HR $ 30.00 $
Walef Truck HR $ 45.00 $
Crew Truck with Tools HR $ 36.00 $
Delivery Truck HR $ 30.00 $
$
Mise Tools
Shoring Jacks - per each Day $ 12.00 $
Trench Plates - per each Day $ 12.00 $
Trench Shield Day $ 106.00 $
Manhole ShIeld Day $ 90.00 S
3" Pump w/Conneclors Day $ 105.00 $
Generator Day $ 80.00 $
Air Compressor Day $ 125.00 $
Air Blower Day $ 6500 $
Confined Space Equipment Day $ 750.00 $
Gas Deteellon Equipment Day $ 65.00 $
Trafflc Arrow Board Day $ 200.00 $
T raffoc Barricades Day $ 2.00 $
T raft'lC Cones/Delineators Day $ 2.00 $
Walk Behind Vibratory Plate Day $ 80.00 $
Mise Small Tools Day $ 75.00 $
Subtotal $
Mark Up "I. 15% $
TOTAL $
AMT MATERIAL, SUBCONTRACT, MiSe Unit I TOTAL
$
$
$
$
$
$
$
$
$
$
Subtotal $
Mark Up % 15% $
TOTAL $
Total Overhead / Profit $
TOTAL WORKSHEET $
25E-30
ON-CALL AGREEMENT
THIS AGREEMENT made and entered into this _day of August 2008 by
and between KEN THOMPSON, INe., a California corporation (hereinafter
"Contractor") and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECIT ALS
A. The City of Santa Ana's Public Works Agency Water Resources (City),
provides water and sewer services to persons and property located both
within and beyond the boundaries of City.
B. From time to time City requires the services of independent contractors
to assist City in natural or manmade emergency situations when City
has an insufficient number of personnel and/or insufficient materials
and/or equipment required to take action necessary on an expedited basis
to prevent a system outage, to expeditiously restore service to normal
operating conditions and/or to maintain service during such emergencies.
e. City desires to expedite securing services of contractors to provide
personnel, materials, tools, and/or equipment to assist City during such
emergencies (collectively, Services).
D. Contractor represents that Contractor is able and willing to provide such
services to the City.
E. City and Contractor previously entered into similar agreement for
on-call emergency services on August 20, 2003 and wish to renew that
relationship as indicated herein.
F. In undertaking the performance of this Agreement, Contractor represents
that it is knowledgeable in its field and that any services performed by
Contractor under this Agreement will be performed in compliance with
such standards as may reasonably be expected from a professional
consulting firm in the field.
G. The public interest, welfare and economy will be served by this
Agreement.
NOW THEREFORE, in consideration of the mutual and respective promises,
and subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1
25E-31
1. REQUEST FOR WORK
Upon notice from the Executive Director of Public Works or his designee that an
emergency exists and upon being requested to provide Services under this Agreement,
Contractor shall promptly determine, in his sole discretion, and promptly notify City
whether Contractor is willing and able to provide the Services requested by City. If the
Contractor is able and willing to provide the Services, Contractor shall so notify City and
shall immediately commence performance of the Services and diligently perform such
utility repair work as the Executive Director or his designee directs. Contractor shall
continue to furnish all tools, equipment, apparatus, facilities, labor, services and
transportation necessary to complete the Services.
2. TERM OF AGREEMENT AND SERVICES TO BE PROVIDED BY
CONTRACTOR
a. The term of this Agreement shall begin upon execution of this Agreement
and shall expire at the conclusion of three (3) years with an option to renew for another two
(2) years exercisable by the City Manager.
b. Contractor shall provide Services to assist City in natural or manmade
emergency situations when City has an insufficient number of personnel and/or insufficient
materials and/or equipment required to take action necessary on an expedited basis to
prevent a system outage, to expeditiously restore service to normal operating conditions
and/or to maintain service during such emergencies. Contractor shall provide personnel,
materials, tools, and/or equipment to assist City during such emergencies.
c. Contractor shall, within ten (10) days of execution of Agreement, designate
an Authorized Representative and one alternate who shall have authority to act on behalf of
Contractor. Contractor shall, within ten (10) days of execution of this Agreement, provide
City with the information required on Exhibit A (Contact List).
3. CESSATION OF WORK
City may, at any time, declare that there is no further need for Contractor's services
in connection with a particular emergency, in which event Contractor shall cease work
promptly upon notification to do so, but in no event later than twenty four (24) hours after
notification. Contractor shall take any actions to secure the work prior to terminating the
work. Any cessation of work ordered by City shall not terminate this Agreement, as City
may require Contractor's further assistance in other emergencies.
4. NON EXCLUSIVE AGREEMENT
Contractor acknowledges that City may enter into agreements similar to this
Agreement with other contractors. City does not promise or guarantee that
Contractor's services will be called upon at any time or at all.
2
25E-32
5. RESPONSIBILITES OF CITY
a. Documents. City will, upon request, provide Contractor with copies of
existing drawings, maps, and other existing information relevant to the Services to be
performed as may be readily available to City.
b. Authorized Representative. The Executive Director or his designee shall
serve as City Authorized Representative to coordinate, oversee and approve the Services
provided by the Contractor. The Executive Director or his designee is authorized to give
and receive any notices required herein and to terminate this Agreement as provided
herein.
c. Research of City Records. City will assist Contractor in researching the
Department's record data pertaining to City facilities.
d. Review of Contractor's Work Product. City will review the Services
provided by Contractor and comment as appropriate.
6. COMPENSA nON AND PAYMENT
a. City agrees to pay, and Contractor agrees to accept as total payment for its
services, the rates and charges identified in Exhibit B. The total sum to be expended
under this Agreement shall not exceed $130,000.00 during the term of this Agreement.
b. At any time, Contractor may propose changes to the rates and charges in
Exhibit B by giving City forty five (45) days prior written notice of the proposed rates.
The existing rates and charges shall remain effective for any work requested by City prior
to City receipt of notice of the proposed rates. No increase in rates and charges shall be
effective until and unless made in writing executed by the Executive Director of the
Public Works Agency and the City Attorney.
c. Payment by City shall be made within thirty (30) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures.
Payment need not be made for work which fails to meet the standards of performance set
forth in the Recitals which may reasonably be expected by City.
d. Contractor shall submit to City on a monthly basis an accurate accounting
of the Services performed by Contractor and a progress report showing the status of
completion of the work and related expenditures.
e. Contractor agrees to submit to City on a monthly basis a listing of the
actual expenses incurred in each item of work. Said submittal will also include the
forecasted cost for each item for the upcoming month.
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25E-33
7. FISCAL RECORDS AND AUDIT
Contractor shall use recognized accounting methods in preparing such invoices
and reports. City reserves the right to designate its own employee representative(s) or its
contracted representatives with a certified public accounting firm who shall have the right
to audit Contractor's accounting procedures and internal controls of Contractor's
financial systems and to examine any cost, revenue, payment, claim, other records or
supporting documentation resulting from any items set forth in this Agreement. If
Contractor fails to provide supporting documentation for any costs charged City to City's
satisfaction, then Contractor agrees to reimburse City for those costs. Any such audit(s)
shall be undertaken by City or its representative(s) at reasonable times and in
conformance with generally accepted auditing standards. Contractor agrees to fully
cooperate with any such audit(s). This right to audit shall extend during the length of this
Agreement and for a period of three (3) years, or longer if required by law, following the
date of final payment under this Agreement. Contractor agrees to retain all necessary
records/documentation for the entire length of this audit period. Contractor will be
notified in writing of any exception taken as a result of an audit. Any adjustments and/or
payments which must be made as a result of any such audit or inspection of Contractor's
invoices and/or records shall be made within thirty (30) days from presentation of City's
findings to Contractor. If Contractor fails to make such payment, Contractor agrees to
pay interest, accruing monthly, at a rate often percent (10%) per annum unless another
section of this Agreement specifies a higher rate of interest, then the higher rate will
prevail. Interest will be computed from the date of written notification of exceptiones) to
the date Contractor reimburses City for any exceptiones). If an audit inspection or
examination in accordance with this article discloses overcharges (of any nature) by
Contractor to City in excess of one percent (1 %) of the value of that portion of the
contract that was audited, the actual cost of City's audit shall be reimbursed to City by
Contractor. Contractor reserves the right to contest any exception.
8. PROFESSIONAL PRACTICES
All services to be provided pursuant to this Agreement shall be provided by
personnel experienced in their respective fields and in a manner consistent with the
standards of care, diligence and skill ordinarily exercised by professional contractors in
similar circumstances in accordance with sound professional practices. Contractor's
engineering services will be furnished in accordance with generally accepted professional
engineering practice and principles and under the supervision of professional engineers
licensed in the State of California
Contractor assumes responsibility for any and all negligence, errors or omissions
that Contractor commits and any and all such negligence, errors or omissions committed
by a subcontractor of Contractor in performance of this Agreement. All equipment and/or
materials supplied pursuant to this Agreement shall be merchantable and fit for the
intended purpose and shall be free from defects in design, workmanship, and/or
materials. Contractor shall provide clear title to all materials supplied hereunder free and
clear of all encumbrances.
4
25E-34
9. BREACH OF AGREEMENT
Contractor shall not be relieved of liability to City for damages sustained by City
by virtue of any breach of Agreement by Contractor, and City may withhold any payment
to Contractor for the purpose of set-off until such time as the exact amount of damages
due City from Contractor is determined. In addition, City may pursue all remedies
available for breach of this Agreement. The waiver by either party of any breach to this
Agreement shall not constitute a waiver as to any succeeding breach.
IO. COMPLIANCE WITH LAWS
In the performance of this Agreement, Contractor shall abide by and conform to
(and shall ensure that Contractor's subcontractors, if any, shall abide by and conform to)
any and all applicable laws, statutes, safety rules, and practices of the United States, the
State of California, the Charter and Ordinances of the City of Santa Ana, and any other
local laws (Laws and Practices). Further, Contractor warrants that all work done under
this Agreement shall be in strict compliance with such Laws and Practices, including, but
not limited to, CallOSHA regulations.
City or it Authorized Representative reserves the right to enter the work site to
make reasonable inspections, to monitor compliance with such Laws and Practices, and
with the terms of this Agreement. The Contractor shall at all times maintain proper
facilities and provide safe access for inspection by City, its engineer or representatives, to
all parts of the work and associated jobs. Where the specifications require work to be
specially tested or approved, it shall not be tested without timely notice to City of its
readiness for inspection and without approval thereof, or consent thereto by the City.
City also reserves the following rights under this Agreement:
a. If City Authorized Representative identifies a noncompliance situation,
the Authorized Representative may inform Contractor of same and require that the
situation be promptly rectified to the satisfaction of City's Authorized Representative.
b. If City Authorized Representative identifies a Noncompliance situation,
which in the opinion of the Authorized Representative, constitutes an immediate potential
for bodily harm, danger of serious bodily harm or death, or significant property damage,
the Authorized Representative may contact Contractor's Authorized Representative and
recommend that work be stopped until the situation is rectified to the satisfaction of
City's Authorized Representative.
The election of City not to exercise its rights under sub-paragraphs a through b
above shall impose no liability on City, nor shall it relieve Contractor of any of its duties
or obligations under the terms of this Agreement. Additionally, the election of City to
exercise its rights under subparagraph a through b above shall impose no liability on City,
nor shall it relieve Contractor of any of its duties or obligations under the terms of this
Agreement, provided that City acted in good faith in the exercise of such rights.
5
25E-35
The Contractor shall dispose of all materials used in conjunction with the
performance of this Agreement in strict compliance with all local, state and federal
environmental and/or waste management rules, regulations, laws, statutes and practices.
11. NO THIRD PARTY RIGHTS
The parties intend not to create rights in, or to grant remedies to, any third party as
a beneficiary of this Agreement or of any duty, covenant, obligation or undertaking
established herein. If any provision of this Agreement shall be held invalid, such
invalidity shall not affect the other provisions.
12. INDEPENDENT CONTRACTOR
Contractor shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer-employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
manner in which Contractor performs the services which are the subject matter of this
Agreement; however, the services to be provided by Contractor shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Contractor shall pay all salaries and wages, employer's social security taxes,
unemployment insurance and similar taxes relating to employees and shall be responsible
for all applicable withholding taxes.
13. INSURANCE
Prior to undertaking performance of work under this Agreement, Contractor shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance. Contractor shall maintain
commercial general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury, including
death resulting therefrom and damage to property, resulting from any act or occurrence
arising out of Contractor's operations in the performance of this Agreement, including,
without limitation, acts involving vehicles. The amounts of insurance shall be not less
than the following: single limit coverage applying to bodily and personal injury,
including death resulting therefrom, and property damage, in the total amount of
1,000,000 per occurrence. Contractor shall supply City with a fully executed additional
insured endorsement in substantially the form attached hereto as Exhibit C upon
execution of this Agreement and shall be approved in form by the City Attorney.
6
25E-36
b. Business automobile liability insurance, or equivalent form, with a
combined single limit of not less than 1,000,000 per occurrence. Such insurance shall
include coverage for owned, hired and non-owned automobiles.
c. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Contractor
agrees to obtain and maintain any employer's liability insurance with limits not less than
1,000,000 per accident.
d. If Contractor is or employs a licensed professional such as an architect or
engineer: Professional liability (errors and omissions) insurance, with a combined single
limit of not less than 1,000,000 per claim.
e. The following requirements apply to the insurance to be provided by
Contractor pursuant to this section:
(i) Contractor shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney.
(iii) Certificates and policies shall state that the policies shall not be
canceled or reduced in coverage or changed in any other material
aspect without thirty (30) days prior written notice to the City
f. If Contractor fails or refuses to produce or maintain the insurance
required by this section or fails or refuses to furnish the City with required proof that
insurance has been procured and is in force and paid for, the City shall have the right, at
the City's election, to forthwith terminate this Agreement. Such termination shall not
affect Contractor's right to be paid for its time and materials expended prior to
notification of termination. Contractor waives the right to receive compensation and
agrees to indemnify the City for any work performed prior to approval of insurance by
the City.
14. INDEMNIFICATION
Contractor agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, Contractors, special counsel, and representatives from liability: (1) for
personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including health, and claims for property
damage, which may arise from the direct or indirect operations of the Contractor or its
contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in section 1 of this Agreement; and (2) from any
claim for personal injury, damages, just compensation, restitution, judicial or equitable
relief due by reason of the terms of or effects arising from this Agreement. This
25E-37
indemnity and hold harmless agreement applies to all claims for damages, just
compensation, restitution, judicial or equitable relief suffered, or alleged to have been
suffered, by reason of the events referred to in this Section or by reason of the terms of,
or effects, arising from this Agreement.
15. CONFIDENTIALITY
If Contractor receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Contractor
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement. The
foregoing obligations of non-use and nondisclosure shall not apply to any information
that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Contractor disclosed in a publicly available source; (c) is in rightful possession of the
Contractor without an obligation of confidentiality; (d) is required to be disclosed by
operation of law; or (e) is independently developed by the Contractor without reference
to information disclosed by the City.
16. CONFLICT OF INTEREST CLAUSE
Contractor covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
17. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City:
Clerk of the City Council
City of Santa Ana
20 Civic Center Plaza (M 30)
P.O. Box 1988
Santa Ana, CA 92702 1988
Telefacsimile (714) 647-6956
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With courtesy copies to:
Executive Director of the Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M21)
P.O. Box 1988
Santa Ana, CA 92702
and,
City Attorney
City of Santa Ana
20 Civic Center Plaza (M 29)
P.O. Box 1988
Santa Ana, CA 92702
Telefacsimile (714) 647-6515
To Contractor:
Ken Thompson, Inc.
P.O. Box 77640
Corona, CA 92877 0121
Telefacsimi1e (909) 284- 2442
Attn: Mr. Ken Thompson
A party may change its address by giving notice in writing to the other party.
Thereafter, any notice, tender, demand, delivery, or other communication shall be
addressed and transmitted to the new address. If sent by mail, any notice, tender, demand,
delivery, or other communication shall be effective or deemed to have been given three
(3) days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any
notice, tender, demand, delivery, or other communication shall be effective or deemed to
have been given twenty-four (24) hours after the time set forth on the transmission report
issued by the transmitting facsimile machine, addressed, as set forth above. For purposes
of calculating these time frames, weekends, federal, state, County or City holidays shall
be excluded.
18. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Contractor, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Contractor. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
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and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this
Agreement acknowledges that no representations, inducements, promises or agreements,
orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein
19. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other Contractors retained by City.
20. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written
notice of Termination. In such event, Contractor shall be entitled to receive and the City
shall pay Contractor compensation for all services performed by Contractor prior to
receipt of such notice of termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require
Contractor to deliver to the City all work product completed as of such date, and in such
case such work product shall be the property of the City unless prohibited by law, and
Contractor consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement
21. DISCRIMINATION
Contractor shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Contractor affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
22. JURISDICTION VENUE
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be government and construed in accordance with the
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
of the clauses of this Agreement shall be determined and governed by the laws of the
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State of California. Both parties further agree that Orange County, California, shall be the
venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Agreement.
23. PROFESSIONAL LICENSES
Contractor shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Contractor shall notify the City immediately and in writing of its inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
24. MISCELLANEOUS PRO VIS IONS
a. Each undersigned represents and warrants by its signature herein below
that they have the power, authority and right to bind their respective parties to each of the
terms of this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority or
power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as
if fully set forth in the body of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
date and year first above written.
ATTEST:
CITY OF SANT ANA
PATRICIA E. HEALY
Clerk of Council
David N. Ream
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
By:
Jose Sandoval
Assistant City Attorney
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APPROVED AS TO CONTENT:
JAMES G. ROSS
Executive Director,
Public Works Agency
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CONTRACTOR
Ken Thompson, Inc.
KEN THOMPSON
545-75-5798
Employer ID# or Individual SS#
July 16, 2008
CITY OF SANTA ANA
220 S. Daisy Ave., M-85
P.O. Box 1988
Santa Ana, CA 92702
Attn: Mr. Thorn Coughran
Water Resources Manager
Re: Labor and Equipment Rates
Description
LABOR RATES
Two Man Crew
Three Man Crew
Four Man Crew
Additional Man
Additional Operator
Two Man Crew (OT)
Three Man Crew (OT)
Four Man Crew (OT)
Additional Man (OT)
Additional Operator (OT)
EQUIPMENT RATES
CAT 446416,426,428,436 Backhoe
Delivery Truck
CAT 325 Excavator, or equal
Linkbelt RT Crane
Kawasaki 80Z, 65Z Loader
Vacmaster Pothole Truck
Lowbed
Lowside End Dump
Ten Wheel Dump
Bob tail Dump Truck
Water Truek
Asphalt Roller
Skip loader
Concrete Saw
8' x 20' Shield (Daily)
4' x 20' Shield (Daily)
Light Plant (Daily)
Arrow Board (Daily)
Compaction Wheel (Daily)
Addeo Message Board (Daily)
MA TERIAL
Material at Cost plus 15%
Dump Fees at Cost plus 15%
Rates
$ 120.00
$ 176.02
$ 236.35
$ 58.77
$ 64.29
$ 151.53
$ 235.11
$ 303.99
$ 74.98
$ 82.04
$ 127.61
$ 47.38
$ 205.72
$ 192.71
$ 130.21
$ 130.00
$ 130.83
$ 109.01
$ 101.51
$ 86.84
$ 75.90
$ 136.00
$ 98.61
$ 142.10
$ 150.00
$ 125.00
$ 233.94
$ 170.13
$ 248.46
$ 304.34
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