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HomeMy WebLinkAbout0003_3_Maples First Amendments - Exhibit B Original AgreementCITY OF��� LADE LSIAORE r _ DREAM EXTRFME May 27, 2615 Maples & Associates Attn: Mike Maples 24911 New Clay Street Murrieta, CA 92562 RE: ON-CALL CONTRACTOR SERVICES AGREEMENT Dear Mr. Maples: Enclosed for your files please find your fully executed copy of the On -Call Contractor Services Agreement for General Contractor Services. Please do not hesitate to give us a call, should you have any questions. Si cerely, v- 0 Virgins J. Blo m City Cle Enclosure cc: Public Works Department Administrative Services Department 951.674.3124 130 S. MAIN STREET LAKE ELSINORE. CA 92530 W W W.LAKE-ELSINORE.ORG AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) MAPLES AND ASSOCIATES GENERAL CONTRACTOR SERVICES This Agreement for Contractor Services (On -Call) (the "Agreement") is made and entered into as of April 17, 2015 by and between the City of Lake Elsinore, a municipal corporation ("City") and Maples and Associates a Licensed General Contractor ("Contractor"). RECITALS A. The City has determined that it requires on-call general contractor services as presented the in attachment the Exhibit `A' contractor proposal. B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated March 18, 2015, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1. Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The time for completion of the services and related work to be performed by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related work contemplated pursuant to this Agreement consistent with Contractor's Proposal (Exhibit A) and shall provide, furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedule. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Maples & Assiciates Contractor Services Agmt (On -Call) 090914.docx Page 1 Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. C. Term and Compliance with Task/Work Order System. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement shall continue in full force and effect for a period of 1 year, commencing on April 19, 2015 and ending on June 30, 2016. The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed 3 additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the issuance of a Task/Work Order by the City. Contractor acknowledges that it is not guaranteed any minimum or specific amount of work or services as all work or services shall be authorized through a Task/Work Order issued by the City. 3. Compensation and Cost of Living Adiustment. Compensation to be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal (Exhibit A), which is attached hereto and incorporated herein by reference. In no event shall Contractor's compensation exceed Thirty Thousand Dollars and No Cents ($30,000.00) without additional written authorization from the City. Notwithstanding any provision of Contractor's Proposal to the contrary, out of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an inflator or administrative charge. Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment. The compensation paid to Contractor may be adjusted on each July 1 following the first anniversary of the commencement of the term of this Agreement, provided that The request for cost of living adjustment shall be presented to the City no later than June 1 st of a particular year and, if approved by the City, will become effective on July 1st of that year. Any adjustment will be based on the Los Angeles -Riverside -Orange County Consumer Price Index (CPI) but in no event shall the price adjustment exceed five percent (5%). 4. Method of Payment. Contractor shall promptly submit billings to the City describing the services and related work performed during the preceding month to the extent that such services and related work were performed. Contractor's bills shall be segregated by project task, if applicable, such that the City receives a separate accounting for work done on each individual task for which Contractor provides services. Contractor's bills shall include a brief description of the services performed, the date the services were performed, the number of hours spent and by whom, and a description of any reimbursable expenditures. City shall pay Contractor no later than forty-five (45) days after receipt of the monthly invoice by City staff. 5. Reserved. 6. Suspension or Termination. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of such notice, the Contractor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends Page 2 or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entitled "Method of Payment" herein. 7. Ownership of Documents. All plans, studies, documents and other writings prepared by and for Contractor, its officers, employees and agents and subcontractors in the course of implementing this Agreement, except working notepad internal documents, shall become the property of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall, at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that any use of such materials in a manner beyond the intended purpose as set forth herein shall be at the sole risk of the City. City further agrees to defend, indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of Intellectual Property. This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in pians, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require that all subcontractors agree in writing that City is granted a nonexclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. b. Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor. Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services under this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is generally known, or has become known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia, photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractor's services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. Page 3 8. Contractor's Books and Records. a. Contractor shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the above-named officers, require that custody of the records be given to the City and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by Contractor, Contractor's representatives, or Contractor's successor -in -interest. 9. Independent Contractor. It is understood that Contractor, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. 10. PERS _Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes, ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 11. Interests of Contractor. Contractor (including principals, associates and management employees) covenants and represents that it does not now have any investment or interest in real property and shall not acquire any interest, direct or indirect, in the area Page 4 covered by this Agreement or any other source of income, interest in real property or investment which would be affected in any manner or degree by the performance of Contractor's services hereunder. Contractor further covenants and represents that in the performance of its duties hereunder no person having any such interest shall perform any services under this Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg. 18700(a)(2).) 12. Ability of Contractor. City has relied upon the training and ability of Contractor to perform the services hereunder as a material inducement to enter into this Agreement. Contractor shall therefore provide properly skilled personnel to perform all services under this Agreement. All work performed by Contractor under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits, qualifications, insurance and approvals of whatsoever nature which are legally required of Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By Page 5 execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 16. Insurance Requirements. a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non -renewal of all Workers' Compensation policies must be received by the City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation Insurance in a form approved by the City Attorney. ii. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Required commercial general liability coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed, 11188) or Insurance Services Office form number GL 0002 (ed. 1173) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii. Automobile Liability Coverage. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 1 ("any auto"). No endorsement may be attached limiting the coverage. b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: Page 6 i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. ii. This policy shall be considered primary insurance as respects the City, its elected or appointed officers, officials, employees, agents and volunteers. Any insurance maintained by the City, including any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 92530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 Page 7 If to Contractor: Maples & Associates Attn: Mike Maples 24911 New Clay Street Murrieta Ca 92562 18. Entire_ Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19. Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20. Assignment and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 23, Controlling Law Venue. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this Agreement shall be held exclusively in a state court in the County of Riverside. 24. Litigation Expenses and Attorneys' Pees. If either party to this Agreement commences any legal action against the other party arising out of this Agreement, the prevailing party shall be entitled to recover its reasonable litigation expenses, including court costs, expert witness fees, discovery expenses, and attorneys' fees. 25. Mediation. The parties agree to make a good faith attempt to resolve any disputes arising out of this Agreement through mediation prior to commencing litigation. The parties shall mutually agree upon the mediator and share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute shall be submitted to JAMS or its successor in interest. JAMS shall provide the parties with the names of five qualified mediators. Each party shall have the option to strike two of the five mediators selected by JAMS and thereafter the mediator remaining shall hear the dispute. If the dispute remains unresolved after mediation, either party may commence litigation. Page 8 26. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. 27. Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. The City Manager is authorized to enter into an amendment or otherwise take action on behalf of the City to make the following modifications to the Agreement: (a) a name change; (b) grant extensions of time; (c) non - monetary changes in the scope of services; and/or (d) suspend or terminate the Agreement. 28. Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 29. Equal Opportunity Em to ment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. 30. Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work or services provided pursuant to this Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, and its officials, officers, employees, agents, and volunteers, free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The foregoing indemnity shall survive termination of this Agreement. 31. Execution. This Agreement may be executed in several counterparts, each of which shall constitute one and the same instrument and shall become binding upon the parties when at least one copy hereof shall have been signed by both parties hereto. In approving this Agreement, it shall not be necessary to produce or account for more than one such counterpart. [Signatures on next page] Page 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first written above. "CITY" CITY OF LAKE ELSINORE, a municipal corporation Grant 71 Manager 11 � ' 1 if6rney Attachments: Exhibit A — Contractor's Proposal "CONTRACTOR" Maples and Associates By: Michael P. Maples, President Page 10 CONTRACTOR'S PROPOSAL [ATTACHED] EXHIBIT A Maples and Assoclates , Criiir�d B�ii�iE�g 1 %.r�ggiireering. �`i�rttrntisx To: City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore California 92530 Re: RFP: General Contractors Services On -Call Michael P. Maples BviUing A Legacy Since 1985 951-491-9562 This is to inform the City of Lake Elsinore that Michael Maples is authorized to negotiate on behalf of Maples and Associates on the RFP for General Contractor Services On -Call. Maples and Associates expertise is in Project Management and Compliance. With 35 years of experience we make sure each project is planned out before it starts, all people involved are tasked to be successful and the project stays with- in budget. Maples and Associates,with an office in Murrieta, was Incorporated on February 12, 2015. We currently have two office staff and three field technicians that are very skilled, with a combined experience of 75 years in Construction. Maples and Associates, General Building / Engineering Contractor, experienced in handling projects that involve all aspects of Site Work: Grading, Asphalt & Concrete, Interior and Exterior Framing, Electrical, Plumbing, Carpentry, Masonry and Laborers to start and complete project of any size. Maples and Associates has been working with local Property Management Companies with projects that involve Tenant Improvements, Demolition, Drywall, Electrical, Fence Repair, Painting and Concrete Work. Recently, we have completed a 2,500 s.f. Tenant Improvement in Murrieta, Below is a Client list for your review: Tobias Commercial Ryan Jensen - License # 01930235 Direct 951.710.7937 I Fax 951.677.7787 411.85 Golden Gate Circle; Suite 109 ! Murrieta, CA 92562 E-Maill: r an toblasc2mmerical.com Associa Equity Management & Realty Services Keren L. colder, LMCA, AMS Vice President/ Broker %1.1* ORE License #01374169 42430 Winchester Road, Temecula CA 92590 (951) 375-3830 Direct (951) 296-5640 Main E -Mail: kcalder@eauitymgt.com T[ 249 11 New Clay �,1�` trect Murrieta, California CA Lic. #701704 Males and Associates c.eneriki ilciilsiinl; LCsisgit�ecruii,.Ca»t ti€r To: City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore California 92530 Re. RFP: General Contractors Services On -Call Added Notes Michael P. Maples BuilrlingA Legacy Since 1985 951-491-9562 Maples and Associates Inc. is Veteran owned and operated. We are interested in working with the City of Lake Elsinore on this project for a good reason, our desire is to hire Veterans in our community to work with us. The Department of Industrial Relations, Division of Apprenticeship Standards (DAS) has an on -the -job -training program (OJT) for Veterans that can be utilized for this project. With that said, because the Prevailing Wages Rates have many different Classifications (Journeyperson / Apprentice), with such a wide range of hourly rates due to the on the job training and duration of time on the job, I would like to propose that Maples & Associates Inc. would work as a cost plus contractor for the City of Lake Elsinore. We would be willing to work on a 20% profit margin. I have included in my proposal the General Prevailing Wage rate sheets for Riverside County for a Journeyperson / Apprentice for your review. This would be a great opportunity for all involved. Regarding the Maintenance Area Categories you might want to consider the following: General Labor Hourly Rate: $58.65 P.W. Truck Hourly Rate: $28.75 Superintendent / Forman Hourly Rate: $35.93 Non /P.W. Equipment Rental Markup 15% Please let me know If you have any questions. lVllchal P. Maple President Maples Associates Inc. 2491 1 New Cla'9,5treet Murrieta, California CA Lic. #701704 LSMOn i7EtEAM Ef(` kEME REQUEST FOR PROPOSALS GENERAL CONTRACTOR SERVICES ON-CALL February 20, 2015 City of Lake Elsinore Administrative Services Department 130 South Main Street Lake Elsinore, California 92530 Page 1 February 20, 2015 CITY 01 LA.. ELS I riO iC 40 DREAM EXTIUMF REQUEST FOR PROPOSALS The City of Lake Elsinore, hereinafter referred to as the City, is inviting proposals from licensed and qualified general contractors ("Contractor") to provide on-call, as needed and/or emergency repair services ("Services") for all City owned and/or maintained facilities and properties. The Contractor will provide full range maintenance and repair services that may include but is not limited to installations, routine maintenance, service calls, supplies, and emergency services. It is the City's intent to award multiple contracts to different Contractors who can provide 24 hour -a -day, 7 day -a -week, on-call support on an as -needed basis. Time Schedule: The following is the City's tentative schedule for the selection of a qualified contractor: 1. Request for Proposal 2. Deadline for Questions 3. Deadline for submitting RFP 4. Review and Evaluation 5. Optional Interview if Required 6. Tentative Award and Start Date February 20, 2015 March 6, 2015 no later than 4:00 p.m. March 18, 2015 no later than 4:00 p.m. March 19 to March 23, 2015 To Be Determined April 2015 Sealed written responses must be received by the City Engineering Department Prior to 4:00 p.m., March 18, 2015 Proposals shall be submitted to: City of Lake Elsinore Engineering Department Attn: Nicole McCalmont 130 South Main Street Lake Elsinore, CA 92530 Submittal of response by fax is not acceptable. All questions technical, commercial, or contractual in nature shall be directed to Rick DeSantiago, Public Works Superintendent, RDesantiNo cCi3.lake-elsinore,AM. Contact with City of Lake Elsinore personnel other than those listed above regarding this RFP may be grounds for elimination from the selection process. Sincerely, Rick DeSantiago Public Works Superintendent Page 2 Introduction The purpose of this RFP is to solicit proposals responses from qualified general contractors for miscellaneous repair services to City facilities and infrastructure. Services are needed on a 24 hour -a -day, 7 day -a -week, and on-call and as needed basis. The City intends to award a contract to qualified contractors that have a history of successfully performing miscellaneous maintenance services. Background The City of Lake Elsinore encompasses 42 square miles, with a diverse population of 56,718 residents, and is located about 85 miles north of San Diego. The City was incorporated in 1888 as a General Law City and is governed under the City Council/City Manager form of government. The City contracts out fire and police services and has approximately 85 full time benefited employees in 6 departments (City Manager, Administrative Services, Community Development, Public Works, and Lake, Parks and Recreation). Qualification Content & Format The prospective contractor(s) shall provide the City with the following information: 1. Cover letter - Signed letter by an individual authorized to negotiate on behalf of the contractor and must be binding for a term of 120 days from the date of submittal to the City. 2, A description of the contractor's area of expertise, organizational structure, location of principal offices, number of personnel available to perform the work, employee qualifications, cost proposal based on scope of services as set forth in Attachment "A" and other pertinent business information. 3. Related project experience and client references. 4. The names of any sub -contractors to be utilized, along with their relevant experience and work resumes, contractor licensing, and insurances. 5. Fee information as outlined in Attachment "A" Cost Proposal Sheet — General Maintenance Services. 6. City's Contractor Services Agreement — Identify any sections of the City's standard Contractor service agreement contract (Attachment "B") that pose concerns and would require negotiation/modification in order to be acceptable to contractor. If no concerns are identified, contractor will be deemed to have accepted the form of the agreement. Instructions, Conditions, & Legal Requirements 1. Price. Provide pricing on all requirements as outlined in Attachment "A". If there are discrepancies between services, labor, materials and maintenance costs, the City reserves the right to clarify pricing with the affected contractor. The City of Lake Elsinore has outlined the requirements herein in as much detail as is currently known. Please provide any exceptions, additional information, or suggestions that will aid in the City's selection process (attachments are acceptable). 2. Building Code. All services provided by the Contractor shall be performed in strict accordance with the City of Lake Elsinore Building Code, local laws, and applicable jurisdictions. Page 3 3. Negotiate Terms. The City reserves the right to negotiate terms and specifications/scope of work with the highest ranked contractor. If an agreement cannot be negotiated, the City reserves the right to negotiate with any other contractor. 4. Assigntment and Subcontrgcting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under the attached Agreement for Contractor Services will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. All subcontractors to the prime contractor must be pre -approved by the City. 5. OSHA and Cal OSHA Standards & Re uirements. Selected contractor is required to comply with all existing State and Federal labor laws. Selected contractor is also responsible for complying with all OSHA and Cal OSHA standards and requirements. If contractor out -sources any work or job to a subcontractor, it will be the prime contractor's responsibility to ensure all subcontractors meet the requirements as stated in this RFP. 6. Final Contract. A final contract will be awarded to the most competitively priced and qualified proposal. Although price is of prime consideration, it is not the sole determining factor. The City reserves the right to select the appropriate contractor based on qualifications and proposals. The determination of the most qualified and most competitively priced proposal may involve all or some of the following factors: price, thoroughness of the proposal package, previous experience and performance; out -sourced work; other costs; and other objective factors which are reasonable. The City reserves the right to select a contractor to perform all of the work identified in the RFP, or only selected portions based on price and/or other factors. The City prefers a contractor that can provide services in most of the multiple disciplinary general contractor areas identified in the scope of work, 7. Collusion. Any evidence or collusion among contractors acting illegally to restrain freedorn of competition by agreement to propose fixed price, or otherwise, will render the proposal of such contractors void. 8. Permits & Licensing. The permits and licensing required is as follows; The Proposer shall obtain all required permits and licenses, including a City Business License, from the CITY necessary to conduct contracting work in the City of Lake Elsinore, Associated fees are the responsibility of the Proposer. The individual or firm must be licensed by the Contractors State License Board (CSLB) to perform general contractor services. Contractor must possess and maintain a valid State of California General Building Contractor License (B) during the term of the Contract. Contractor shall also provide any other applicable licenses (e.g., C-10, C-20, C-36) and certifications. A copy of Contractor's license is to be submitted to CITY within ten (10) calendar days of notice of award. Service providers will not use technicians without CSLB licenses 9. 2417 Contact Information. The contractor shall provide a local telephone number where service personnel can be reached on an "on call" basis twenty-four (24) hours a day, seven (7) days per week. This telephone number will be made available to all authorized personnel designated by the City. Page 4 10. Client References. The contractor shall submit a list of at least four (4) client references that have purchased similar services from the contractor. Contractor shall provide company name, contact name and phone number for each reference. 11. Contract Term & Extensions. The term of the contract shall commence upon award of the contract and continue through June 30, 2015, The City reserves the option to extend the contract(s) for an additional three (3) years. No price adjustments will occur during the first thirty-six (36) months of this agreement. Upon request of the contractor and agreement by the City, the item prices may be adjusted by the amount equal to the increase or decrease, during the previous twelve (12) months, in the Riverside, San Bernardino ALL Urban Consumers Index to determine the percentage of increase or decrease, the term "previous twelve months" shall mean the twelve (12) month period ending June 30th of that year, or if not available, the prior month. 12. Contractors.Casts. The City will not reimburse contractors for any costs involved in the preparation and submission of proposals. Furthermore, this RFP does not obligate the City to accept or contract for any expressed or implied services. 13. Public Record. All submitted proposals and information included therein or attached thereto shall become public record upon contract award. SCOPE of REQUIRED SERVICES This RFP includes several trade areas which are commonly utilized by Cities. These identified maintenance service areas are not intended to be all inclusive but rather a general listing of the most common maintenance areas requiring routine and frequent maintenance and repair. Also, it shall be noted that certain maintenance may require scheduled preventive maintenance work. 'rhe below maintenance areas are representative of the work solicited in this RFP: Minor Construction and Repair Carpentry Plumbing Electrical Concrete and Masonry HVAC Painting Roofing Dry Wall Finish Wood Working Irrigation Repair Services included in the aforementioned list depending on the nature of the work, may or may not require payment of the prevailing wage rate and, therefore, should be proposed based on Department of Industrial Relations (DIR) requirements. Attachment A contains the cost proposal sheet and shall be completed for the services each contractor can provide. Contractors may be awarded various projects and tasks as may arise through the Issuance of Task/Work Orders, based on the location and nature of the services required and the qualifications and resources of the Contractor and often in competition with other contractors who have also entered into a similar agreement with the City. The Contractor agrees. to provide all necessary expertise:and services to professionally and diligently perform the work authorized by Task/ Work Orders to be issued by the City. Assigned work shall be agreed upon in quantity and price and approved by the Public Works 'Superintendent or his/her appointed representative before work can commence. It is anticipated that this contract will result in multiple awards to more than one Contractor. Actual contract usage will vary and be based upon ability and need. The City will award contracts based upon the best interest of the City. Page 5 PROPOSAL SUBMITTAL EVALUATION Criteria to be used to evaluate the submittals will include, but not be limited to: 0 Degree to which each proposal submittal responds to the needs of the City and this request (approach responsiveness, preciseness, thoroughness, etc.) .. Evidence of the ability to provide services in a prompt, thorough and professional manner • Experience, reputation, and backgrounds of those who will be providing services for the City. • Hourly rate(s) for each work category your company can satisfy within the scope of services Attachment A. ATTACHMENTS Attachment A: Cost Proposal Sheet — General Maintenance Services Attachment B: City of Lake Elsinore Agreement for Contractor Services (On -Call) Page 6 �� e. �a_�'�s � � �©�..� r �.. � I •ems �- ©�.�.��� p��d� `+�q--hers Attachment "A" Cost Proposal Sheet - General Maintenance Services Please provide the fee quotes as follows (include a schedule of rates by classification hourly rates): In the column labeled "Bidder Notes" mark each maintenance area beginning with 1 to 11 (1 -most preferred area, 11= least preferred area). Please attach additional pages if necessary. GENERAL MAINTENANCE SERVICES WAGE RATES *Normal Business Hours Rate "Emergency and After Hours Rate `W" Unit of Measure subcontractor Maintenance Area (Hourly, ; y /x Hour Services Yes 1 No Bidder Notes (Attached if Needed) Non. Prevailing Prevailing Non- Prevailing Prevailing Wage Rate Wage Rate Wage Rate Wage Rate Etc... Car entry 30.5o 7605' See A Finish Wood 3-7,60LO . Workingn .. .....00 Plumbing s� �0. SQ 75' 3• I Electrical Concrete and sO 3 Vi, , 38 •7� � go ' DZ l k /L Mason lc7 HVAC 5� 70 - lei I Z7•01 15 t nn 1 5 y 8 9G 6 56 t Paintin J! 3?, 50 6.1`f 7s2.7 0'1 t 1 l Sheet Metal ! Dry.Wall. .. 37 SQ .7`T •` 5_L .37.5" 5� • �° I 7,5--' `' t Roofin Irrigation a?'7 ljE� 5 �� L�� qD5D I I 1 t Repair Material Markup: I D % (percent) "Normal Business Hours: 7:30 a.m. to 5:30 p.m. (Monday - Friday) "Emergency and After Hours Service: 5:30 p.m. to 7:30 a.m. (Weekends and Holidays) Page 7 j Attachment "B" AGREEMENT FOR CONTRACTOR SERVICES (ON-CALL) [insert name of Contractor] [insert projectfservices to be provided] This Agreement for Contractor Services (On -Gail) (the "Agreement") is made and entered into as of 201_, by and between the City of Lake Elsinore, a municipal corporation ("City") and , a ("Contractor"). RECITALS A. The City has determined that it requires the following services: B. The City has prepared a request for a proposals and Contractor has submitted to City a proposal, dated 201_, both of which are attached hereto as Exhibit A (collectively, the "Contractor's Proposal") and incorporated herein, to provide services and related work to the City pursuant to the terms of this Agreement. C. Contractor 'possesses the skill, experience, ability, background, certification and knowledge to perform the services and related work described in this Agreement on the terms and conditions described herein. D. City desires to retain Contractor to perform the services and related work as provided herein and Contractor desires to provide such services and related work as set forth in this Agreement. AGREEMENT 1, Scope of Services. Contractor shall perform the services and related work described in Contractor's Proposal (Exhibit A). Contractor shall provide such services and related work at the time, place, and in the manner specified in Contractor's Proposal (Exhibit A), subject to the direction of the City through its staff that it may provide from time to time. Contractor acknowledges that the Scope of Services provides for 24 hour -a -day, 7 day -a -week, on-call support on an as needed basis. 2. Time of Performance. a. Time of Essence. Time is of the essence in the performance of this Agreement. The, time for completion of the services and related work to be performed. by Contractor is an essential condition of this Agreement. Contractor shall prosecute regularly and diligently the services and related worts contemplated pursuant to this Agreement consistent With Contractor's Proposal (Exhibit A) and shall provide., furnish and pay all labor, materials, necessary tools, expendable equipment, and all taxes, utility and transportation services required to perform such the services and related work. b. Performance Schedute. Contractor shall commence the services and related work pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services and related work within the time period(s) established in the Contractor's Proposal (Exhibit A). When requested by Contractor, extensions to the time period(s) specified may be approved in writing by the City Manager. Page 8 MON< �� 9�r�. � � �� ,m <, RK e. Te and Com Bance with Tas-kA-Alork Order S stein. Unless earlier terminated as provided elsewhere in this Agreement, this Agreement end and continue in full force and effect for a period of _- L-) years, commencing on on �_, 20 . The City may, at its sole discretion, extend the term of this Agreement on a 12 -month basis not to exceed (_) additional twelve (12) month renewal terms by giving written notice thereof to Contractor not less than thirty (30) days before the end of the contract term, such notice to be exercised by the City Manager;. Contractor hereby agrees and acknowledges that any and all work or services performed pursuant to this Agreement shall be based upon the or specific amount of workOorr services rder easlta minimum l Contractor acknowledges that it is not guaranteed any work or services shall be authorized through a TaskANork Order issued by the City. 3. Com ensatloI and Cost of Llvin Ad u trnent. Compensation to. be paid to Contractor shall be in accordance with the fees set forth in Contractor's Proposal {l xhibit A}, which is attached hereto and incorporated herein by reference. in no event shall Contractor's compensation exceed dollars ($ J without additional written authorization from the City; Notwithstanding any provision of Contractor's Proposal to the contrary, out: of pocket expenses set forth in Exhibit A shall be reimbursed at cost without an iraflat�re�riadministrative defects eare�knoWna the Ce, Payment ity attheCity tlrKieof er this Agreement shall not be deemed a waiver of defects, e payment, or may be adjusted on each July 1 following the first anniversary of The compensation paid to Contract the commencement of the. term of'this Agreement, prove particular year f approved byrequestfor cost of ithe �City, will becomes: be presented to the City o later than June 1 st of a pa Y effective bn July 1 st .of that year. Any adjustment will be based on the Los AngelesRluersir�e-Orange ,Gourtty Consumer Price Index (GPI) but in no event shall the price adjustment exceed five percent (6%). 4 Method of Pa tent. Contractor shall promptly submit billings to time City describing the services wee and related work performed during the preceding month to the extort that such sesuch. thates �hel City eceivsr performed. Contractor's Bills shall be segregated by project tasks if applicable,'des services separate aecount'ing for work done f descrriipt de scription i helserav cesoperrfformed theactor date Ithe services were Contractrir's bills shall include a p performed, file number of hours agent and by whom, and a description of any reimbursable expenditures. City Shall pay Contractor no later than forty-five () days after receipt of the monthly invoice by City staff. 5. _Reserved. 6. Sus ensign or Teinatlon. a. The City may at any time, for any: reason, with or Without cause, suspend or terminate or. athis Agreement, or any portion hereof,. by serving. upon the Contract �workleast en under thisAsAgri;ementltten uniessithe Upon receipt of such notice, the `Contractor shall immediately cease aii notice provides otherwise. If the. City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b, In the event this Agreement is terminated purnt, of to this Section, cti n, the tled City. at flee work ay o Contractor the actual value of the work performed up to the time performed is of value to the City. Upon termination of the. Agreement pursuant to this Section, the Contractor will submit an invoice to the City, pursuant to Section entltled "Method of Payment" herein. Page 9 LMLxy, x i 3 " �, ?g,..,.=,,il, �"..ax & a' :x.x. a ✓r.'.^ ?nae w .. xsra- .. um. ..maa;";L :a:� x.e:. ...a =a s,.�.r,�. �.z..,�w ,. ..�.<,,, rf ,. ., ..._ j 7. Ownership of Documents. All plans, studies,, documents and other writings prepared by and for Contractor, Its officers, employees and agents and subcontractors in the course of Implementing this Agreement, except working nateped internal documents, shall. become the properly of the City upon payment to Contractor for such work, and the City shall have the sole right to use such materials in its discretion without further compensation to Contractor or to any other party. Contractor shall; at Contractor's expense, provide such reports, plans, studies, documents and other writings to City upon written request. City acknowledges that arty use of such rl�terials ire a manner beyond the ntend�.d pufpase as. set forth herein shall be at the sole risk of the City, City further agrees. to defend; indemnify and hold harmless Contractor, its officers, officials, agents, employees and volunteers from any claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including any and all costs and expenses in connection. therein), arising out of the City's use of such materials in a manner beyond the intended purpose as set forth herein. a. Licensing of intellectual Prope . This Agreement creates a nonexclusive and perpetual license for City to copy, use, modify, reuse,.or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings., estimates, and other documents: or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement (`'Documents & Data"), Contractor shall require that all subcontractors agree in writing that City Is granted a nonexciusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data. which were prepared by design professionals other. than Contractor or provided to Contractor by the City. City shall not be limited in any way in its use of the Documents & Data at anytime, provided that any such use not within the purposes intended bythis.Agreement shall be at City's sole risk. b. Confidentlailty. All ideas, memoranda, specifications, pians, procedures, drawings; descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Contractor in connection with the performance of this Agreement shall be meld. confidential by Contractor: Such materials shall not, without the prior written consent of City, be used by Contractor for any purposes other than the performance of the services under this Agreement. Nor shall such materials be disclosed to any person or entity not connected with the performance of the services tinder this Agreement. Nothing furnished to Contractor which is otherwise known to Contractor or is. generally known, or has.becor-ne known, to the related industry shall be deemed confidential. Contractor shall not use City's name or insignia; photographs relating to project for which Contractor's services are rendered, or any publicity pertaining to the Contractoes services under this Agreement in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 8. Contractor's Books and Ra ords. a. Contractor shall maintain any and all ledgers; books of account, invoices; vouchers, canceled checks, and other records or documents evidencing or relating to charges for services, or expenditures and disbursements charged to City.'for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. b. Contractor shall maintain all documents and records which demonstrate performance under this Agreement'for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C,; Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Manager, City Attorney, City Auditor or a designated representative of these officers. Copies of such Page 10 documents shall be provided to the City for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually.agreed upon, the records shall be available at Contractor's address indicated for receipt of notices in this Agreement. d. Where City has reason to believe that such records or documents .may be lost ar discarded due to dissolution, disbandment or termination of Contractor's business, City may, by written request by any of the, above-namad Officers, require that custody of the records be given to the City and that the records and documents. be maintained in City Hall. Access such recConords successor-40-interest.d documents halranted to any party authorized by Contractor, Contractor's representatives, 9. Independent C_antracto - It is understood that ontrator, in the actor performance and al not act of tas or a agent services agreed to be performed; shall act as and be an independent or employee of the City. 10. PERS. 'Eli ibilit . Indemnification, In the event that Contractor or any employee agent, or of subcontractor of Contractor providing services under this Agreement, eC1aims: or mys#ems{deter )i edbeyeli coo for rt competent jurisdiction or the California Public .Employee enrollment in PERS as an employee of the itcontributions forPERSPi~RS ib benefits on behalf defendi and hold # Con ractorrortts or the payment of any employee and/or employer employees, agents, . subcontractors, as well as for the payment of any penalties and interest on such contributions., which would otherwise be the responsibility of City. Notwithstanding any other federal, state and local laws, codes ordinances and regulations to the contrary, Contractor and any of its employees, agents, and subcontractors providing service udder this Agreement shall not qualify for o�sentitled to, �hereby uree ttany compensation, benefit, or any lncid;nof employment by City, �t not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. sociates and management 11. Interests of Contractor. Contractor (ncluding PrinvIpin r et or interest in rest property and employees) covenar3#s and represents that it does not now have any inor other source of shall not acquire any interest, direct or indirect, mentnwh ch the rwouldea vbe affeered y'cted nthis gany manner. � degree by the income interest in real property or invreement est performance of Contractor's services hereunder. Contractorsuck interest shallperform any servoveriants arid ices under this performance of its duties hereunder no person having any Agreement. Contractor is not a designated employee within the meaning of the Political Reform Act because Contractor: a. will conduct research and arrive at conclusions with respect to his/her rendition of information, advice, recommendation or counsel independent of the control and direction of the City or of any City official, other than normal agreement monitoring; and b. possesses no authority with respect to any City decision beyond rendition of information, advice, recommendation or counsel. (FPPC Reg, 18700(a)(2).) rform! the 12. Abili� tV of Cgn!Mctor. City has #oleate Into thithesAgreement.iaContractorlof Contractor shall thereforecprovide services hereunder as a material inducemen properly skilled personnel to perform ai services under this Agreement. All work performed by Contractor Page 11 under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent contractors in Contractor's field of expertise. 13. Compliance with Laws. Contractor shall use the standard of care in its profession to comply with all applicable federal, state and local laws, codes, ordinances and regulations. 14. Licenses. Contractor represents and warrants to City that it has the licenses, permits; qualifications; Insurance and approvals of whatsoever nature which are legally required of. Contractor to practice its profession. Contractor represents and warrants to City that Contractor shall, at its sole cost and expense; keep in effect or obtain at all times during the term of this Agreement, any licenses, permits, insurance and approvals which are legally required of Contractor to practice its .profession. Contractor shall maintain a City of Lake Elsinore business license. 15. Indemnity. Contractor shall indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses; liability, claims, suits, actions, damages, and causes of action: arising. out of any personal injury, bodily injury, loss of life; or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or In part, by the willful misconduct or negligent acts or omissions of Contractor or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or ,by the quality or character of their work. The foregoing obligation of Contractor shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises from the sole negligence or willful misconduct ,of the City or its officers, employees, agents, or volunteers and (2) the actions of Contractor or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Contractor to indemnify and hold harmless includes the. duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and. endorsements required under this Agreement does not relieve Contractor from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Contractor acknowledges and agrees to the provisions of this Section and that it is a .material element of consideration. 16. Insurance Requirements, a. Insurance. Contractor, at Contractor's own cost and expense, shall procure and maintain, for the duration of the contract, unless modified by the City's Risk Manager, the following insurance policies. i. Workers' Cour ensation Coverage. Contractor shall 'maintain Workers' Compensation Insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation_ or non -renewal of all Workers' Compensation policies must be received bythe City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City; its officers, agents, employees and volunteers for losses arising from work pert©rmed by Contractor for City. In the event that Contractor is exempt from Worker's Compensation insurance and Employer's Liability Insurance for his/her employees in accordance with the laws of the State of California, Contractor shall submit to the City a Certificate of Exemption from Workers Compensation .Insurance in a form approved by the City Attorney. ii. General Liability Qovera e. Contractor shall maintain commercial general liability insurance in an amount' not less than one million dollars ($1,000,000) per occurrence for bodily injury, Page 12 personal injury and property damage. if a commercial general liability insurance form or other farm with a general aggregate limit is used, either the general.aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall beat least twice the required occurrence limit. Required commercial general liability coverage shall be at least as bread as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services Office form number GL 0002 (ed.. 1173) covering comprehensive General: Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. No endorsement may be attached limiting the coverage. iii, Automobile Liability Coverage:. Contractor shall maintain automobile liability insurance covering bodily injury and property damage for all activities of the .Contractor arising out of or in connection usrith the worst to be performed under this Agreement, including coverage for owned, hired and non -owned vehicles, in an amount of not less than one million dollars ($1,000,000) combined single limit for each occurrence. Automobile liability coverage must be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 1 ("any auto"). No endorsement may be attached limiting the coverage_ b. Endorsements. Each general liability and automobile liability insurance policy shall be with insurers possessing a Best's rating of no less than A:VII and shall be endorsed with the following specific language: i. The City% its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insured with respect to liability arising out of work performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. iL This policy shall be considered primary insurance as respects the City; its elected or appointed officers, officials, employees; agents and volunteers. Any insurance maintained by the City, including.any self-insured retention the City may have, shall be considered excess insurance only and shall not contribute with it. iii, This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against the City, its elected or appointed officers, officials, employees or agents. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this Policy shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days written notice has been received by the City. C. Deductibles and Self -Insured Retentions. Any deductibles or self -Insured retentions must be declared to and approved by the City. At the City's option, Contractor shall demonstrate financial capability for payment of such deductibles or self-insured retentions. Page 13 d. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Certificates of such insurance shall be filed with the City on or before commencement of performance of this Agreement. Current certification of insurance shall be kept on file with the City at all times during the term of this Agreement. 17. Notices. Any notice required to be given under this Agreement shall be in writing and either served personally or sent prepaid, first class mail. Any such notice shall be addressed to the other party at the address set forth below. Notice shall be deemed communicated within 48 hours from the time of mailing if mailed as provided in this section. If to City: City of Lake Elsinore Attn: City Manager 130 South Main Street Lake Elsinore, CA 52530 With a copy to: City of Lake Elsinore Attn: City Clerk 130 South Main Street Lake Elsinore, CA 92530 If to Contractor: Attn: 1$. Entire Agreement. This Agreement constitutes the complete and exclusive statement of Agreement between the City and Contractor. All prior written and oral communications, including correspondence, drafts, memoranda, and representations, are superseded in total by this Agreement. 19, Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 20. AssionmeUt and Subcontracting. The parties recognize that a substantial inducement to City for entering into this Agreement is the reputation, experience and competence of Contractor. Contractor shall be fully responsible to City for all acts or omissions of any subcontractors. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express consent of the City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of the City. If City consents to such subcontract, Contractor shall be fully responsible to City for all acts or omissions of those subcontractors. Nothing in this Agreement shall create,any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of the City to, pay or to see to the payment of any monies due to any such subcontractor other than as otherwise is required by law. 21. Waiver. Waiver of a breach or default under this Agreement shall not constitute a continuing waiver of a subsequent breach of the same or any other provision under this Agreement. 22. Severability. If any term or portion of this Agreement is held to be invalid; illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. Page 14 GFNERAL PREVAILING WAGE DETERMINATION MAIZE BY TNF., DIRECTOR OF INDUSTRIAL RELA'T'IONS PURSUANTTO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, AWT'ICLF, 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DRIMG1NG PROJECT'S CRAFT: #LABORER AND RELATED CLASSIFICATIONS DETERMINATION: SC -23-102-2-2014-1 ISSUE DATE: August 22, 2014 EXPIRATION DATE OF DETERMINATION. lune 30, 2015*, Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Office of the Director — Research Unit at (415) 703-4774 for new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY. All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura counties. 1 tQ e .P' ed q t i t�`1'IrltB, [3YCrtlt114_�1DurIY_R� Classification a Basic Health Pension Vacation/ Training Other Hours Total Daily Saturday 'S hday (Journeyperson) Hourly and and Payment Hourly and Rate Welfare Holiday' Rate i 1/2X 11/2X Holiday CLASSIFICATION GROUPS Group l $3019 6.81 6.25 4,47 0.64 0.52 8 48,88 63.975 63.975 79.07 Group 2 30.74 6.81 6.25 4,47 0.64 0.52 8 49,43 64,80 64,80 8€ ,17 Group 3 31.29 6,81 6.25 4.47 0.64 0.52 8 49.98 65,625 65.625 81.27 Group 4 32.84 6.81 6.25 4.47 0.64 0.52 8 51.53 67.95 67.95 84.37 Group 5 33.19 6,81 6,25 4,47 0.64 0,52 8 51:88 68.475 68 475 85.07 # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Internet @ hal / chr ea€lylC?I?ItL To obtain any apprentice wage rates as of July 1, 2008 and prinit tri September 27, 2012, phase pontact the Division of Apprenticeship Standards or refer to the Division o:r Apprenticeship 5tati'dar& web,%ite,at,t1ttNL/w6 H For classification within each group, see page 14. b Any hours worked over 12 hours in a single workday are double (2) time. C Saturdays in the same work week may be worked at straight -time if job is shut down during work week due to inclement weather or similar Act of: God, or a situation beyond the employers control. a Includes an amount per hour worked for supplemental dues RF(,1OV, rtZR13 HOLIDAYS: i-la)idttys itlion. which the Achdthl prcyailipg;hourly wage rttte for Holiday work shall be:paid, shall be all holidays in the collective barpiniibg agreement, appflcAlc to the particular craftlasstileation, or type of")rk4r emloyed on the projec(, which is�bh file Xgth the Director;of Industrial .Relations: If th y=prevail rng rat is titrt based on q cull trvety bargained rate, the holidays upUn wbkh. the prevailing. revailing rate shall be paid shall be as provided in.Seedb 6700 of the Government Code. Ydu miay obtain the ht)liday proyisiont; ft)r the currcni.detcrminations on the Intcrtiet at hfti ,llww�ir rlrr e a e� vlC31?Rf.1PilV . Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director — Research Unit at (415) 703-4774. TRAVEL, AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773,0, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current deteahii ationt on the Internet at ham' f it ,xsgcsvl()I' 2 ?WI), 7'ravcl and/or suh5istence. requirements for current or superseded determinations may be Obtained by contacting tlics office of the Director — Research Unit at (415) 703-4774. 13 ul W O Q 4 E. $ U � Q Q 1L T Tr LU a w Q LL a U MP b C7 G K). fy p� 4 fn e�A fi?. YM> t`P [D iV m 9] M lD VI ,P; ry w"a E 1 p OO m y'�' �N O A7 Nap' O IAD W laf). T�.bl M.. 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Q L] N rµil a. ¢_ IE Y tl L% ]C P z x ul = IAl a a a q J z n p 7_ cr f'ii w z s w a W z w w P O F x u z w a z a¢ aWw Y n• N .J IZy U 33 o z m 3L W �' ¢ !i ❑ Q = z !� iL g op N K p 4 a !- !r w h w W 1- x V) V '- U U R p W �, 2 w(2 -j g U w 7 w z K W oc Fw- Q N m IX k13 1% W 'LIS o 3 4i1 0 � w un. a w u n� o Y. r Lu C y n m w w Lu w z a n a ¢ mnw � ff z z azz r In y w m n m a w w LL u w_ myu u ow o �' ? fa) cxi ? ¢a z a a z z g a J.n a sn:nr nw 3 f u as oe rc u4 m m m m u e � m m to s a. a ax t a a k p R yt ff a w N a a a ar s at # goo� n «�c4 a .., ci # ! \N ®:w:N: � � » ~�O ~� . $}\ ƒ� : $ \ - �ID ��■$ / ƒ/\�0 m}®/ / \� \ co m ©. : . / / ,:x, _ o � \� 7 $ §�\�\�y � n «�c4 a �ƒ . $� » 7�h \}\l§}ƒ � � » ~�O ~� . $}\ ƒ� : $ /}§/ \.ƒ G1&(N}m 2 0 =(� a a GFNBRAI.PRI:VAilJNG, WAGE DnTIiRMINATION MADI� BYTHE DIRI'I: iOR OF INt)U9TRIA1,Ri:LATIONS PURSUANTTOCALIFORNIA LABOR CODE PART 7, UHAI'I'HR 1, ARTICUI 2, SEUMONS 1770, 1773 AND 1771:1 170R COMMERCIAL U04I.DING, ilrcil-IWAY, lll'AVY CONSTRUCTION AND DRIMUNG PRO.iGC'I'S (ARAM. #CARI'ENTERAND RMKITI)TRADES DETERMINATION. SC -23-31-2-2014•) ISSUE DATE: August 22, 2014 EXPIRATION DATE OF DFTERMINATIOM. June 30, 2015"" The rale to be paid for work performed after this dace has been dctennined. IfAvo k will cxtond past thin date, the nein rale must he paid and shnuld he incorporated in conn:,cts entered into now, Contoet the [office of the. Director- Research Unit for weeirre floes at (4 15) 7(13-4774; LOCALITY: All locailties within Imperial, Inyo, Kenn, Los Angeles, Mona, Clnulgc, Rlv*riidc, San Bernardino, San Leis Obispu, 5ania Barbara, and Ventura counties, . si�I(Iillli��IpC {3ttAink,llOtujYRAECv, Classirrr4tion Basic, Hcallh Total Daily Sawiday' Sunday (Journeyperson) Hourly Rate and Welfare Pension Vacationl ItoFday Training Olhet Ihurs Hourly Rate i 112X I ir2X and holiday 'AREA I Carpenter"', CaUnct Installer, lustilatien installer, Hardwood Fluor Worker, 33.40' $0.47 $0.34 8 $53-77 573.42 $7342 39307 AoolwlcaIInstalkr $3930 $6,10 54.16 Pile Driverman'I, Dcn'Ick Bargeman, Rockslingcr, nridge or Dock Carpenter, 39.43 6,A) 4,16 3-40' 0.47 0,34 R .53,90 73.615 71615 93.33 Cable Splicer Bridge Carperaet' 39,43 6, i0 4,.16 3,40' 0.47 0,34 0 53.90 73,615 73.615 93.33 Shingler' 39..43 6.10 4.16 3,40' 007 0.34 $ 53,90 73,61.5 73,61S 93,33 Saw Filer 39,39 6.10 4,16 MW 047 634 It 13,86 73.555 73.Sii 9125 Table Power Saw Operator 39.40 6,10 4,16 3.401 3,401 0,47 0.47 0,34 0,34 S 53.87 54.02 73.57 77.795 73,57 73-795 93,27 93,57 PncumaticNailciorPower Stapler 39,55 6,10 4,16 4.16 3,40' 0.47 0,34 $ 42,07 5$,37 5.,SA7 69-67 Roofl.oaderot'Shingles 27.60 30,50 6.10 6,10 4.16 4,47 0,34 A 44,97 60,22 60,22 75.47 Scaffold Builder Millwright` 59,80 6:10 4.16 .1:401 3,401 17.47 0,49 #1 54;42 74,32 74;32 94.22 Head Rockslingcr 39,53 6.10 4.16 3,40' OA7 0,34 8 54.00 73.765 73.465 73,765 73,465 93,53 9313 Rock Bargeman of Ccownlan 39,33 `86.86 6,1€1 4,t6 3.40' 3.40' 0,47 0.47 0.34 0.34 Y 5 53 80 101..33 t44,76 1476 I8R,19 Diver, Wel (Up To 50 R. Depth)" `43,43 00 U6 0,47 0,34 $ 57-90 79,6)5 79,615 01;33 Diver,(Statnd-By)a ° 42.43 6110 6,10 4.46 4,16 3.,A01 34d 0:47 034 8 56.90 76.115 78,115 99,33 Diver'5TeIIdo AssistaniTender (Dilev'sl'I 39,43 6.10 4,16 3.401 6,47 0,34 $ 53,90 71615 73:ti15 03,33 ' AREA 2 Carpentel"-', Cubinet insralle'r, Insularinn Installer, Hardwood Floor Worker, AceusliaaiInstaller 38.73 6.10 4,16 3,10' 0,47 034 8 53.20 72.565 7�,i65 91,97 Shingle( 38.86 u00 4,16 3A Or 0.47 0.34 A 5.3,33 72,76 72,16 92,91 Saw Filer 38,81 (1,10 4.16 3'10 0;47 0,34 8 53.28 72,685 72,685 92.09 I'shlc Power SawOperalo€ 38,93 6-11) 4,16 1,101 0,47 0,34 8 53,30 72.715 72 715 72,94 92.13 92,43 Poeunl8ticNnileroiPowei'Stopler 38,93 6;10 4.16 3,40' 0,47 0.47 034 0.14 8 A 33,45 41,67 72.94 55:27 5517 8,87 Roof Loader ofShinglas 27,20 6,10 4.16 3"101 DETERNIINATION', SC -31.741-1-20144 ISSU'C DATE: August 22, 2014 EXPIRATION DATE OF DFTFRMINATION: May 31, 2015'.1 n'ec fvt until sopeiscded by it new dcicrrainatiot issued by tris €Jitaetor of'induviial Relations, Contact the 011ice of the 43irecior — Research 11111[ at (-:1 5) 703-4774 liar new rYtes after 10 days tronI the expiration date, If no Subsel)tnenl deterinitlntlnl) IS Issued. i.0CALITY', All Iacalilics within Imperial, loyo, Kern, Los Angeles, Mono, Orailge,,Riverside, San Bernardino, San 4.uis Obispo, Salla Narhara. and Venlura counties, —. t _-I}1125{ � clalsificalion 13usic '^•-cal Health Vocation/ ocatord ... Tula[ l Fi2�Hy (Joumcyperson) flourly Rate and wellarc 1 Pulsion Holiday Training al lida[ [totaly u�gtriv'llYitu. )' Ttirrazzo Installer' $36.52 6.10 4.16 3.36` O.A2 a 70.56 68.82 69,92 87.08 Terrazzo Finisher 30.02 6.50 4.16 3.361 0.42 8 44,06 59:07 59;07 74.08 if:trdic8(ea:oMtipllrenuceatsle m.n11. TI1e current apprentice wage rates are available on the Internet a To obtain any apprentice wag' rales as ol'July I, 2008 and prior w Sepwinber27. 2012, please contact the Division oi'AppreMicuship St.mdards or refer to the Division of ApplentiCeShip 8landatds' website at P; AREA t - Ilnperiat, Los Anitcle,% (tram Rir °'aide, San E3crimrdinn' San 'L urs rJMispu, Snow fm6arn fled Ventura coon z9. AE(Y,1 2- Inyo..Ken), cardMtuw.anpn€res, lrrir Rli GgIpC(dCt Seeti�kf $WAttn4. pits 1)nverliai , Derrkic Bargeniarl; R wkslingcr. Bridgc or Cluck Carpc..nwr, Cable Splicer, MiOwrighl, Bead IiuCksEinger, ltrle(C kt, ))°plot), dove' ( hAAU. •ftj ), €liver', TCnder, mnd.il3sislant Tender (Diver's) rates, please sec Arra I us this rate applies In 13grgcrim Alit Sildwitiart, (liver, WCt (LJ00 5(€ '"o a as wall, t3asir hourly Reit for.Area I:include anadditiona(tanpilin deducted -for vaeali0111€wliday: Lr. € itslxighl (g) "i wa ed,paid al 1 V2 limes die siruightlEnrc rate: 311 hotua 41110' Thal paid at )double (2x) the straight rime race. Salurdays in the same work week nwy be worked at straight-tinm laics €fo job iy,slltit ffoYvnduring rli .nlim nl NW'k Wctk cotic to irt¢lernesiluerrthir,anNjui ntgclwnieal breakdown of lack urnurteriuls heyold the control ofthe filnplot'cl C. ilrhenperrnrrifjingwrEding�tsitk.Yepair��€gtrrtisieati}n,ulafsilica[ioelwdl:race€vcaY riddilslnpl#i,€lopeihom: A, llvurs )rag for ilny duy or earl dicapur - R For,xpeajikJats pvor 5b f(dejlt[r, clln€ar t t€,c ()flies if etas l)iiecrrir- Rescatch Unit: Rotes 161 T Mieialls, Ma,dl'ulLI Opelatois, l'ressw ized Submersible Opelalnr., Rerf,Ote Cantrni VChrste i�la[arWlr a1u1 R<nsul4 fdllrlate3 Vchidle'L11rci eltirq; lsY Yvt€I aA'rptC3l(ir larexaurized 1101 hiving and Satlthltion Dieing are lvall:ahle upon regLICS1 LInCftldea.alT:pnlpW)l,lt)r aapplCnlC.IIIAI.tIIICA_ B Ali nvcrtl+nc +lvrkcil.Mlin - f ii ahr+li.lic p€Iu1 ur I I ft €since lhR: ilrrugl l Ribs tnic for ll+G tir5l fob {J).1/aun slid dnubla {x rj l€r strnlgbt tint° Pot %to(k pertniiiicd alto' hVclvu { tlo Ionia. 11, Slilort%y$ in ltw snw.wt)rkAkcek tray be 1lprised tt stroig!€t•lfA>e rtSTes'Firjob is ft; down dWin# the rwrmisl work ltxetc dt+e iv incliMan€ ++ea[hcF, nlajnr niechanicai brcokdn+vii or, lack �F nulerids t+ey0)1J Iirc control ar.tflc I;mpfoyer, :Wolk on Swxlt+y. Irl rsilm 1l`volrsiu,-Wive workday, s)tatl by prild aTdtndila (2x; etre atrafgiR•tirrte'ton I A.(„ trfFitter. who pciforras wrlrk offorinilrg 118 tISC SM)StrYtEtipnppBpcllcill $CWCr3 of_ 314 Sm draatx SIti411 [eel4Ye plCn))ttllUprllfiTtCer1 Ctnlf (�0,13i. 'i' ltDllf lr)�arldhFOYi Ep Iia CnlpcnlCrsS,sCaic. This liremiunis�mt{nppCyanly otGeaoparatinninsvbiefihorala�i)llapgingiataa4dinCanjuiwtwiiwl(htiucool-t3Carltailriven orploatdIry pre.drilled.hoitliijtrr tintPorh®nofai49,24!*Kh:�nkilst +'histo cat)ete(c 1. p uatcde rurpuly, tit a uflslitnte fi)r lwek forme,+vouch +ark is perrornled by (oils drivers. j, )Yuen pei lorriling +4 lding Work'Mgmirittg certtrrcution, classifientiamvili receive 411 "tri tulip( $1 DO par hour. An additional SMO pei, hear when handling ar working will' new Prrssul-Irraled ctcepl rte, Bilin); ortiinlwr. tit drivinKofttsed pimurcAramcd cicwota ptl+rig IlLtltfOlL:iYDS.€(1LIDAt,�:il.Grbxz) - vvirich�l't nerulryCvado(tg140whA.wag ImeRglioldnyWork O ll'onlaid;rdsIbooilholriuSs�nilrecalErvYf��3lary5lrlirtnrq)iCcfiKtiCua��ahlatnihrJurticuta' tier') � trap;0"i[lationlnrlype.nrworker umplgoall lhvinol4tAer,Which .igoo.rir,wyltiheDimclrHcall'ctivclyIIA.ynincdiAlg,You- hot ilFags.VIM Iucls fale.piavailir,;Tait dul(helpldhatlheds,plovi64.4iSkoiond7lN1$rth6tiocirutlpnrCiule: Ylrumu)olilenthehal(dt�iesn+9�rwM;ih[Ihditort��€dilenaairiurunsuntrreluerirctnr ;,Fiw-s�vifiriwr,uer+OPlt1 iC'1j,1,�. si H0114114,H0114114,provk"All'rot rarreti11 M'sir{»dC+l detertnirialieni rrrttl' 6e olrwinCll * C."lirlhrg AliC ITI" a - Rruafcts illi'st C41 S r.7t1S�77? i. TRAVEL At.Utt1(LSBiitilfi'1'FtjCK 1!.!!'A!€ lr'I': bl u(snrdwicc+viih 13dtns Hit k" x l7?S.1 nnd:1773 F cnri(tsctorstrifal(ritefu e'a'rlo(rlre tlireclnr air nr stdsr,teocx paylncnra'+.auto) welkin to � i,A tc,im wgrk. •inl)1nily tNIniIW Irq+'el aari<rn Yululistemd Irruttiyi«v far the rureei,l derennirivalons,oN €tic 4$(v tic( Al hit +L.1r�CcQ1:(k�1.(S,I�. 5... �� l ttry,ilor:>,ohSis(rnck rCNlllrcruerAx fur.'v+lent yr suiacricrktil detninnptitrrrtaipytic 04aaltdlhYinilin uiryg[Ile i)lllce.,Falc€)io:etoa- R wAf Es unit attal3)7G3477a, GENERAL PRLVAIL,ING WAGE DE'T'ERMINATION MADE BY THF DIRECTOR OF INDUSTRIAL. RELA'T'IONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CI"IAPTER I, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJE'CT'S CRAB'I': #CEMENT MASON DETERMINATION: SC -23-243-2-2015-1 ISSUE DATE: February 22, 2015 EXPIRATION DATE OF DETERMINATION, July 5, 2015** The rate to be paid for work performed atter this date has been determined. Irwork will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now.. Contact the Office of the Director- Research Unit for specific rates at (415) 703-4774. LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara, and Ventura Counties, # - Straight -Time a ttnur ::Rate __----- (JOUP F7CATI N?YPCRSON) Basic Hourly health and Varatinn! Other Total }aurly llail Satwday' Holiday Rate Welfare Pension Holiday Training Payments Hours Rare I 1/2X 1 X Cement Moron, Curb and Gutter Machine Operutor; Clary and Sintilar Type of Screed Operator (Cement only); Grinding Machine Operator (all (ypes); Jackson Vibratory, Texas Screed and Similar Type Screed Operator; Scoring Machine Operator $31,85 7.27 7,64 6,07' 0155 0,27 8 53,65 69,575` 69,575` 85,50 Magnesila, magnesite -terrazzo and mastic composition, Fpoxy, Urethanes and exotic coatings, Dex-O-Tex $31,97 7.27 7.64 6.07' 0.55 0.27 8 53.77 69.755` 69.755` 85,74 Floating and Troweling Machine Operator $32°10 7.27 7.64 6,07' 0.55 0,27 8 53 90 69.95` 69,95` 86.00 indicates an apprenticeable cratl. The current apprentice wage rates are available on the Internet '@ tja'/lti3ni ,dT :sa, 1700I'R1J.PL AI a Qlig WA-pj VtI `tart_asp.. To obtain any apprentice wage rates as of July 1, 2008 and prior to September 27, 2012, please contact the Division of Apprenticeship Standards or refer to the Division of Apprenticeship Standards' website at lltt_,Ia;/1w��u.ciir,ca.gciylei�aslclas liunl a Saturday in the same work week may be worked at straight -time rate, up to 8 hours an Saturday or when the employee has worked a total of 40 hours in the work week, if it is not reasonably possible for any individual employee on a particular job site to complete 40 hours of work an a 8 hour clay, Monday through Friday, due to inclement weather or similar act of God or a situation beyond the control of the contractor; b Includes an amount for supplemental dues. Rate applies to the first 4 daily overtime hours and the first 12 hours worked on Saturday. All other time is paid at the double time (2X) rate- RF,c lGNIZV, j101,116A VS; Wolidays upon WIWI the geneml } irooiling hourly wage rate rDr Holiday +,wrk slhdll .be paid, sluill be all holidays in the, colleefive ba Moining_agreement, applicable to the patticularcrafr, classification, or tyle Otwo€i;cremployedonthe projict,which :isoil file wi[h 66 DiNctor of Industrial Relations. if the prevailing rate is last based 6n ti cplicctively bargained rate, the 10 [days upon which the pret atlittg rate shsl€l he paid shall kie -0 provided. in Section 670(} tit the Govcritlltont Cdde_ You may obtain the ltcil.iday provisions for the current determinations on chs Intemet at : ltr t l.. n gcr> i[31=12I.l1'LVD, 1101 iilay prov3siots r t'vr eurrettl ar atiliCt ed ddicitninatiom Oay* Obtainc(( by contacting the Oilice of the Director - Research Unit at (41 S) 703-4774, TRAVEL AND/OR SUBSISTENCE PAYMENT': In accordance with Labor Code Sections 1773,1 and 1773.9, contractors shall make travel and/or subsistence payments to each wtrktt to. axi:cute thu work. You may:abtailt the travel and/or subsistence provisions for the current determinations on the Intoeirldt at h ' lftwlnv;stir:c L oy/ 'Itillf - " Tri vel titid/cnr s►tbsistertce requiretnents for current or superseded determinations may be obtained by contacting the Off ce. of the Dimptot ,ftseanch Unit at (415) 703-4774, 20 GENERAL PREVAILING WAGE DETERMINATION MADE BY'IHE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTPR 1, AR-11CLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, I IIGIIWAY, HEAVY coNs I"RUCTION AND DREDGING PROJEC'T'S CRAFT: t1DRYWALL INSTALLER/LATHER (CARPENTER) DETERMINA'T'ION: SC -3l -X-41-2014-1 ISSUE DATE: August 22,20 t4 EXPIRATION DATE OF DETERMINATION: June 30,2015** The rate to be paid for work performed after this date has been determined, If work will extend past this date, the new rate must be paid and should be incorporated in contracts entered into now. Contact the Office of the Director— Research Unit for specific rates at (415) 703-4774. LOCALITY. All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties, Emplwer Paments Classification Basic Health Pension Vacation/ (Journeyperson) Hourly and Holiday' Rate Welfare Drywall Installer/ Lather $3930 $610 $4,16 $3.40 Straig.h.t-'.rime Training Other Hours Total Hourly Rate $0.47 $0.52 8 $53..95 ertiate hourly Rates. Daily Saturday Sunday and I1/2X6 11/2X' Holiday 2X $73.60 $73.60 $93.25 DETERMINATION: SC -31 -X -41 -2014 -IA ISSUE DATE: August 22, 2014 EXPIRATION DATE OF DETERMINATION: June 30, 2015'" Effective until superseded by a new determination issued by the Director of Industrial Relations; Contact the Office of the Director - Research Unit (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued, Stocker, Scrapper $10,00 $6,10 $2.40 $0.47 - 8 $18.97 $23.97 $23.97 $28.97 # Indicates an apprenticeable craft. The current apprentice wage rates are available on the Internet http fl�vtvw.:dir:ca,:etuCC31'liC.'I�WAj4i�akc f!'4i'Ajirtdttt r5tt�_i : is To obtain any apprentice wage rate, as of July 1, 2008 and prior to September 27, 2-012, please conlacf: the Division or Apptt, dgesh.ip StmAdards or rofer to the Division of Apprenticeship Standards' website at lite '!/ r iv ti r 04.' ° Includes an amount per hour worked for supplemental dues. Rate applies to the first 4 daily overtime hours and to the first 8 hours on Saturday. All other overtime will be paid the Sunday and Holiday double time rate, Saturdays in the same workweek may be worked at straight -time if job is shut down during the normal work week due to inclement wcatber. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or typo of worker employed on the project, which is on file with the [Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the hol iday provisions for the current detenninations on the Internet at 4A:ldtdir:ij: �cav! Pltlll' Holiday provisions for current or superseded determinations may be obtained by contacting the Office of the Director- -ms,Research Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel andlor ,ubst`stetico nymonts to cacti Works. to execute the work. You may obtain the travel and/or subsistence pravisioiti9 for the current determinations on the Internet at 1 1tI a ti� v €Itr a;13"-,QI)RtJpW , . "Gravel and/or subsistence req uircittents for 2curmnt nr superseded determinations maybe obtained by contacting the Office of the Director — Research Unit at (415) 703-4774: GENERAL PREVAILING WAGE DETERM1NA'I'ION MADLY. BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SEC'T'IONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: #LANDSCAPE/IRR[GAIrION LABORER/I'ENDER DETERMINATION: SC -102-X-14-2015-1 ISSUE DATE: February 22, 2015 EXPIRATION DATE OF DETERMINATION: July 31, 2015* Effective until superseded by a new determination issued by the Director of Industrial Relations, Contact the Office of the Director — Rescareh Unit at (415) 703-4774 for the new ratan after ten days after the expiration date if no subsequent determination is issued, LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, San Bernardino, San Luis Obispo, Santa Barbara and Ventura counties. FMVIQyg! meats .. Straight -Time Ovrrilm flaurly Rite CLASSIFICATION Basic Health Pension Vacation Training Other Hours Total Dailyb Saturdays' Sunday/ (Journeyperson) Hourly and and hourly Holiday Rate Welt'are Holiday Rate 11/2X l 1/2X 2X Landscapellrrigo6on Laborer $28.38 $6.81 $6,25 $4.47' $0.64 $0.49 8 $47,04 $61,230 $61,230 $75,42 Landscape Hydra Seeder $29,48 $6.81 $6.25 $4,47' $0,64 $0.49 8 $48.14 $62,880 $62,880 $77,62 Landscape Maintenance Tree Trimmer $19.50 $3.90 52.49 $1,85 $0.10 8 $27.84 $37,59 $37,59 $47,34 DETERMINATION: SC -102 -X -14-2015.1A ISSUE DATE: February 22, 2015 EXPIRATION DATE OF DETERMINAT.ION:.Fuiy 31, 20 15*:Est'tixttive until superseded by a new d6ioti nigiirtion issued by the Director or Industrial Relations, Contact the Office or Policy, Research, and Legislation at (415) 7034714 for new rates after ten days'1fotn the expiration date, if no subsequent dctenninatlurt is issued, LOCALITY: All localities within Imperial, Inyo, Kern, Los Angeles, Mono, Orange, Riverside, Sart Bernardino, San Luis Obispo, Santa Barbara and Ventura counties, Landscape/Irrigation'I'ender` $12.50 $3.90 -- $0.51, T $0.21 8 $17,12 $23.37 $23,37 $29,62 1lIndicates an apprenticeable craft. The current apprentice wage rates arc available on the Internet at 1.1111X /. �iS .dlr cq;y �V;()t'K1 l T il} Wt � 'tiVAl�il g rt,� p. To obtain any apprentice wage rates as o£,tuly 1, 2008 and prior to September 27, 2012, please contact the Division of Alipienticeship Sw idards or refer to the Division of Apprenticeship Standards' Website at httr f�tu tlir ta,goy1rl3sl iay.litml, ° includes an amount per hour worked for Supplemental Dues. b Rate applies to first 4 daily overtime hours and the first 12 hours on Saturday; All other time is paid at the Sunday and holiday double-time rate, The firs( employee on the jobsit . shall be a LandscapeArrigation Laborer; the secorlll employee on the jobsile must be an Apprentice or a 1-andscapeArrigation l.,aborer; and the third and fourth employees may be Tenders. The fifth employee on the j bsite shall be a Land scape/Irrigatiatt Laborer,, the sixth employee must be an Apprentice or a Landseape/Wigation Laborer; and the seventh and eight employees maybe Tender.% Thereafter, •fenders may be employed with LAndscapeli.rrigation Lahorers in a 50150 ratio on each jobsite, However, plant establishment may be performed exclusively by LandscapeArri gal ionTendcrs without the supervision of a Journeyman, RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Huliday work shall be paid, shall be all holidays in the collective baf Trlin$ agtrretiJent< app[iuttWe Io tho.partteular gtail, elassiricatlo€1 or lypc ti£ worker.cnrployed on. the piojon, which is dn. fills with 111c Difwtoi of industrial Relations,; INN p[evili€ing ride is nttt trri5ed ors q cnllcctivcly bargained rate, the holithtys ulnen wltieh 0ic ljrevaillttg alto shall bo paid shall be.:n ProuidW art Sectio 6700 of the Gavernmcnt Code. 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W N .J d a U T L 6 d 2 w g a LL a O E Z Q 7i w Q LL W r W w K m Of w, D a t ui x a y Z �. l[Z[lII wly a ���+11 W lL U- Z O: W K }- N a 0.' W E uW11 lu tl 7 Iw- ❑ C] -& �F U K¢ Ui iu Y a Y y O W w~ 4 thy U Z¢ tl U Z U w m Z n Z d¢ a a 0.(1. «7 Uwi g li. 4 Q yy Z V m U LL 9C ❑ J W ui F Pao P�6 GAG in W C7 0. a 0. 6 U F- LL .ra a ¢ U W .J ❑ M 'n ac n tb u k e �� Policy Number: Date Entered5l1312015 ACORo�CERTIFICATE OF LIABILITY INSURANCE BATE{MMIBowwl `..� 5/[3/2415 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of auGh endorsement(s). PRODUCER Adams AvenaC Insurance Agency License#0129630 9114 Adams Ave, #144 CONTACT Cint (0_11Q1f PHONE FAX. (877)250-8397 Ac Nq_(866)832-4186 E-MAIL AnOR ss: clndl @AdomsAvehi INSURERISI AFFORDING COVERAGE NAIC e Huntington Beach, CA 42646 INSURER A: AmTrust International Underwri_ tare d:1780074 INSURED Maples and Associates R:Y _INSURER INSURER C: Mike Maples _ INSURER D: 2491 New Clay Street _ INSURER E: Murrieta, CA 92562 INSURER F: . LEE] COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DFSCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD s D POLICY NUMBER POLICY EFF MMIDD/YYY POLICY E%P MMIDDIYW LIMITS A COMMERCIAL GENERAL LIABILITY EACH OCCURR ENCE_ 1 1,000-000 CLAIMS -MADE OCCUR ® x X EN 102453700_ 09I2G2n14 IfleR015 PREM 515 Ea occurrence S 100 000 MED EXP (Any ane parson) E 5,000 PERSONAL & ADV INJURY E 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE E 2,000,000 POLICY ❑ jE LOC PRODUCTS-COMPIOP AGG E 2 O(]0 �QO E OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT j Ea ewc4ent)-�, BODILY INJURY (Per person) E ANYAUTO BODILY INJURY IP --,dens) S _� _ ALL OWNEO SCHEDULED AUTOS AUTOS PROPERTY DAMAGE E� Per accident NON -OWNED HIREDAUTOS AUTOS __,_ E UMBRELLA LIAR OCCUR EACH OCCURRENCE E AGGREGATE 5 EXCESS LIAB CLAIMS -MAGE DED RETENTIONS E WORK ERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETCRIPARTNLRILXECUTIVE Y❑ PEN OTH- STATUTE ER E.L. EACH ACCIDENT E OFFICERIMEMBER EXCLJDEO7 NIA _ E.L. DISEASE - EA EMPLOYEE E IMandatory In Ni _ E.L. DISEASE -POLICY LIMIT E Hye6, deuribe Under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Addikonnl Remarks Sohedule, may be aflaehed If more space is mqulmd) The City of Lake Elsinore, its elected or appointed officers, employees, agents and vormmteers are additional insured per the attached. 10 day notice of cancellation for non-payment of premium, 30 day notice of cancellation for all other. The City of Lake Elsinore 130 S Main St Lake Elsinore, CA 92530 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORITEO REPRESENTATIVE ©1968-2014 ACO RD ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD Produced using Fors Boss Plus software, www.ForTnsBoss.com; Impressive Publishing 800-208-1977 reserved. POLICY NUMBER: EN102453700 COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSUREDS - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under, the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: EN102453700 Endorsement Effective: 9/26/2014 12:01 a.m. Named Insured: Counter Signed By: MICHAEL PAUL MAPLES, DBA: MAPLES AND ASSOCIATES :Ttn. 40111*0 Name of Person or Organization: Any person or organization that the named insured is obligated by virtue of a written contract or agreement to provide insurance such as is afforded by this policy. Location: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than services, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed: or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. The words "you" and "your" refer to the Named Insured shown in the Declarations. NX GL 189 05 11 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission POLICY NUMBER: COMMERCIAL GENERAL LIABILITY NX GL 189 05 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. D. The following are added to SECTION V -- DEFINITIONS: "Your work" means work or operations performed by you or on your behalf; and materials, parts or equipment furnished in connection with such work or operations. E. The following additional provisions apply to any entity that is an insured by the terms of this endorsement: Primary Wording With respect to the Third Party shown above, this insurance is primary and non-contributing. Any and all other valid and collectable insurance available to such Third Party in respect of work performed by you under written contractual agreements with said Third Party for loss covered by this policy, shall in no instance be considered as primary, co-insurance, or contributing insurance. Rather, any such other insurance shall be considered excess over and above the insurance provided by this policy. 2. Waiver of Subrogation If required by written contract or agreement: We waive any right of recovery we may have against an entity that is an additional insured per the terms of this endorsement because of payments we make for injury or damage arising out of "you work" done under a contract with that person or organization. NX GL 189 05 11 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission