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HomeMy WebLinkAboutItem No. 10 CA Wolverine Fence Co.Text File City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 www.lake-elsinore.org File Number: ID# 17-760 Agenda Date: 8/14/2018 Status: Consent AgendaVersion: 1 File Type: AgreementIn Control: City Council / Successor Agency Agenda Number: 10) Page 1 City of Lake Elsinore Printed on 8/9/2018 REPORT TO CITY COUNCIL To:Honorable Mayor and Members of the City Council From:Grant Yates, City Manager Prepared by:Jason Simpson, Assistant City Manager Date:August 14, 2018 Subject:Construction Agreement to Wolverine Fence Company Inc.for the perimeter fencing/screening and to Hemet Fence for the automatic gates at Campground Rehabilitation Project (CIP PROJECT #Z40007). Recommendations 1.Award and Authorize the City Manager to execute a Construction Agreement to Wolverine Fence Company Inc.for the perimeter fencing/screening Campground Rehabilitation Project (CIP PROJECT #Z40007). 2.Award and Authorize the City Manager to execute a Construction Agreement to Hemet Fence Company for the automatic gates at Campground Rehabilitation Project (CIP PROJECT #Z40007). 3.Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $174,973.20 for perimeter fencing/screening with Wolverine Fence Company Inc. in the form attached and in such final form as approved by the City Attorney. And authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $17,497.30 for uncertainties and adjustments. 4.Approve and authorize the City Manager to execute the Agreement in the not to exceed amount of $31,070.00 for automatic gates with Hemet Fence Company Inc. in the form attached and in such final form as approved by the City Attorney. And authorize the City Manager to execute change orders not to exceed a 10% contingency amount of $3,107.00 for uncertainties and adjustments. Background On July 9, 2018 staff initiated an RFP on the City’s website and otherwise notified contractors that had previously requested notification, for both the perimeter fencing/screening and automatic gates at Campground Rehabilitation Project (CIP PROJECT #Z40007).The interested contractors had the option of bidding one or both scopes of work for the perimeter fencing/screening and automatic gates. The submittal deadline for this RFP was August 2, 2018,at 4:00p.m. Fencing/Screeningand Automatic GatesRV Resort Rehabilitation Project August 14,2018 Page 2 Twoproposalswerereceived onboth scopes of work onor before the deadline. Wolverine Fence CompanyInc.was the low bidder on the perimeterfencing/screeningand Hemet Fence Company was the low bidder on the automatic gates. Both companies wereinterviewed, determine responsive and complete and theproposal amount is within the anticipated cost estimate for the scope of work. Discussion The purpose of thisproposal is to seek competitive pricingfor the perimeter/fencing and automatic gates at CampgroundRehabilitation Project (CIP PROJECT #Z40007).The overall essentials in this scope of work aresummarized below as general requirements: General RequirementsPerimeter Fencing Install 8’ tall chain link fencing at the perimeter of the RV Park as illustrated in the attached plan (on the following page page). 2 7/8” vinyl coated post (O.D.) on center max 10’ with pole caps Post set in 2500 PSI concrete at 10” diameter and 3’ deep 1 5/8’ O.D. rails (top rail, center rail and bottom rail). Pipe rails shall be ASTM A-53 Schedule 40 Thickness. 2” mesh green vinyl coated 9 gauge chain link fabric All materials shall be galvanized 7’8” tall green screen fabric not less than 96% opacity with tie down grommets Perimeter Fencing Contractor Address Cost Per Lineal Foot Amount based on Lineal Footage of 4,196LF Wolverine Fence Company Inc. 930 S. Cypress Street La Habra CA 90631 $41.70 $174,973.20 Hemet Fence Company 25959 Juniper Flats Rd Homeland CA 92548 $46.87 $196,456.70 General RequirementsAutomatic Gates Furnish and install 2 slide gates 8’x30’ with 100’ of concrete track 14” wide 12” deep & rebar. Furnish and install 2 Liftmaster Gate Operators with built in battery 4 lift master programmable key pads & goose neck stands and 2 miller edge guards 2 Omoron safety photo eye sensors. 2 Fire Knox 5502 key switches and 8 bollards 4” diameter filled with concrete. Fencing/Screeningand Automatic GatesRV Resort Rehabilitation Project August 14,2018 Page 3 Contractor Address Automatic Gates Amount Hemet Fence Company 25959 Juniper Flats Rd Homeland CA 92548 $31,070.00 Wolverine Fence Company Inc. 930 S. Cypress Street La Habra CA 90631 $41,000.00 Following the approval of this agenda itemwork will immediately begin on the chain link fencing at La Laguna RV Storage Project. Staff has reviewed and verifiedthe contractor has a valid licenseand a review of the contractor’s references. Fiscal Impact Perimeter fencing and screening at La Laguna RV Storage Projectis included in the Fiscal Year 17/18–22/23Capital Improvement Plan (CIP) budget Exhibits A:Wolverine Fence Company Agreement B: Hemet Fence Company Agreement SHORT FORM PURCHASE OF SERVICES CONTRACT 1 August 6, 2018 City of Lake Elsinore SHORT FORM PURCHASE OF SERVICE CONTRACT The parties to this Short Form Purchase of Goods and/or Services Contract (Contract) do mutually agree and promise as follows: 1. Parties: The parties to this Contract are the CITY OF LAKE ELSINORE, a municipal corporation (City) and the following named Contractor: (Name) Wolverine Fence Company Inc. (Street Address)930 S. Cypress Street (City/State/Zip) La Habra CA 90631 (Telephone) (626) 712-6332 (Email) llopez@wolverinefence.com (Taxpayer ID #) __________________________ (City Business License #) __________________ 2. Term: The effective date of this contract is 08/14/2018and it terminates upon completion unless sooner terminated as provided herein. 3. Contractor’s Obligations: (a)To the satisfaction of the City’sProject Manager, Contractor shall provide the following goods and/or services: (Attach extra sheet/s if necessary) See Exhibit A, Scope of Work (b)Contractor shall perform the above- referenced services or delivery the required goods at or to the following specified location/s: RV Resort Rehabilitation Project, 32040 Riverside Drive, Lake Elsinore CA 92530 4. Supplemental Conditions: This Contract is subject to the Supplemental Conditions attached hereto, which are incorporated herein by reference. 5.Compensation:Contractor’s total compensation for the goods and/or services performed under this Contract is $174,973.20, to be paid as (check one): (1) X lump sum upon completion of all Contractor’s Obligations; (2)  lump sum per-task in the amounts indicated below, payable upon completion of each task; (3) lump sum per-task in the amounts indicated below, payable in monthly installments not to exceed the percentage completion of each task; (4) per attached written quote, up to a guaranteed not-to-exceed amount of $174,973.20 Task Amount Scope of Work Install 4,196LF of 8’ tall chain link fencing at the perimeter of the RV Park 2 7/8” vinyl coated post (O.D.) on center max 10’ with pole caps Post set in 2500 PSIconcrete at 10” diameter and 3’ deep 1 5/8’ O.D. rails (top rail, center rail and bottom rail). Pipe rails shall be ASTM A-53 Schedule 40 Thickness. 2” mesh green vinyl coated 9 gauge chain link fabric. All materials shall be galvanized 7’8” tall green screen fabric not less than 96% opacity with tie down grommets $174,973.20 6. Signatures: These signatures attest the parties’ agreement hereto: CONTRACTOR: Wolverine Fence Company Inc _______________________________________ Print Name/Title Abraham Montoya, President CITY OF LAKE ELSINORE, a municipal corporation: By: ___________________________________ City Manager By: ___________________________________ City Project Manager Approved as to form: By: ___________________________________ CityAttorney Approved as to content/Insurance: By: ___________________________________ City Purchasing Agent/Risk Manager Attested: By: ___________________________________ City Clerk SHORT FORM PURCHASE OF SERVICES CONTRACT 2 August 6, 2018 City of Lake Elsinore SUPPLEMENTAL CONDITIONS 1.Independent Contractor. It is expressly agreed that Contractor is to perform or deliver the goods and/or services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the Cityas to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsiblefor the compensation of any assistants, employees, and subcontractors used by Contractor in providing said goods and/or services. 2.Cancellation. Either the Cityor Contractor may cancel this Contract at any time upon giving the other party five (5) calendar days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation. Under no circumstances shall Citybe responsible for payment of lost profits, or damages beyond the total amount of compensation set in this Contract. 3.Assignment. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City. 4.Indemnity. Contractor shall indemnify, defend and hold the Cityharmless from and against all claims, demands and causes of action for injury, death or damage to any person or property that may arise or result from Contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor. 5.Anti-Discrimination. Contractor shallnot discriminateagainstany employee or applicant for employmentbecause of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the American with Disabilities Act (42 U.S.C. § 12010, et seq.) or veteran’s status. To the extent applicable, Contractor shall comply with all federal, state, and local laws regardingnon-discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulations thereunder, and shall comply with same as each may be amended from time to time. 6.Legal Responsibilities. The Contractor shall keep itself informed of State, and Federal laws and regulations and the Lake Elsinore Municipal Code which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 7.Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following SHORT FORM PURCHASE OF SERVICES CONTRACT 3 August 6, 2018 City of Lake Elsinore insurance requirements: 7.1 Commercial General and Automobile Liability Insurance. Contractor, at its own cost and expense, shall maintain commercial general insurance in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence, coverage and automobile liability insurance in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence for the term of this Agreement in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability 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 beat least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefore, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.The following endorsements shall be attached to the policy: 7.1.1 Policy shall cover on an "occurrence basis." 7.1.2 Policy must cover personal injuries as well asbodily injuries. Exclusion of contractual liability must be eliminated from personal injury endorsement. 7.1.3 Broad form property damage endorsement must be attached. 7.1.4 Policy must cover contractual liability by amending the definition of "incidental contract" to include any written contract. 7.1.5 The City, its officers and employees shall be named by endorsement as an additional insured, and the policy shall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to any loss suffered by Contractor hereunder. 7.2 Worker's Compensation. The Contractor, at its own cost and expense shall carry and maintain statutory Worker's Compensation Insurance and Employer's Liability with limits of not less than One Million Dollars ($1,000,000) with an insurance carrier satisfactory to the City. In the event Contractor is self-insured, it shall furnish the City with a Certificate of Permission to Self-Insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. If any injury occurs to any employee of Contractor for which the employee, or his dependents in the event of his death, is entitled to compensation from the City, the City may retain out of SHORT FORM PURCHASE OF SERVICES CONTRACT 4 August 6, 2018 City of Lake Elsinore sums due the Contractor under this Contract an amount sufficient to cover such compensation as fixed by said Act, until such compensation is paid or until it is determined that no compensation is due and if the City is compelled to pay such compensation, it will deduct and retain from the sums due the Contractor the amount so paid. 7.3 Additional Insurance Provisions. Said policies shall constitute primary insurance as to the City, and its officers, agents, and employees, so that other insurance policies held by or for them or the City’s self-insurance program shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. 7.4 Coverage Verification. 8.4.1 Upon notification of receipt by the City of a notice of cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new or renewal policy. 8.4.1 If, at any time during the life of the Contract or any extension thereof, Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to immediatelyterminate the Contract. 8.Payment of Prevailing Wages. Contractorisawareoftherequirementsof CaliforniaLaborCodeSection 1720,etseq.,and1770,etseq.,aswellasCalifornia CodeofRegulations, Title8,Section1600,etseq.,(“PrevailingWageLaws”),which require the payment of prevailing wage rates and the performance of other requirementson “PublicWorks”and“Maintenance”projects. Iftheservicesarebeing performed aspartofanapplicable“PublicWorks”or“Maintenance”project,asdefined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, ContractoragreestofullycomplywithsuchPrevailingWageLaws. Contractor shall determinetheapplicableprevailingratesandmakecopiesoftheprevailing ratesofper diemwagesforeachcraft,classificationortypeofworker neededtoexecutethe servicesavailabletointerestedpartiesuponrequest, andshallpostcopiesatthe Contractor’sprincipalplaceofbusinessandatthe projectsite. Contractorshalldefend, indemnifyandholdtheCity,itselected officials,officers,employeesandagentsfree andharmlessfromanyclaimor liabilityarisingoutofanyfailureorallegedfailureto complywith the Prevailing Wage Laws. The provisionsofthis Sectionmay be waivedin if inapplicable to the services provided hereunder. SHORT FORM PURCHASE OF SERVICES CONTRACT 5 August 6, 2018 City of Lake Elsinore Exhibit A RV Storage Perimeter Fencing Scope of Work Install 8’ tall chain link fencing at the perimeter of the RV Park as illustrated in the attached plan (on the following page page). 2 7/8” Post (O.D.) on center max 10’ with pole caps Post set in 2500 PSI concrete at 10” diameter and 3’ deep 1 5/8’ O.D. rails (top rail, center rail and bottom rail). Pipe rails shall be ASTM A-53 Schedule 40 Thickness. 2” mesh green vinyl coated 9 gauge chain ink fabric All materials shall be galvanized 7’8” tall green screen fabric not less than 96% opacity with tie down grommets SHORT FORM PURCHASE OF SERVICES CONTRACT 1 August 6, 2018 City of Lake Elsinore SHORT FORM PURCHASE OF SERVICE CONTRACT The parties to this Short Form Purchase of Goods and/or Services Contract (Contract) do mutually agree and promise as follows: 1. Parties: The parties to this Contract are the CITY OF LAKE ELSINORE, a municipal corporation (City) and the following named Contractor: (Name) Hemet Fence Corporation (Street Address)25959 Juniper Flats RD (City/State/Zip) Hemet, CA 92548 (Telephone) 951 757-5695 (Email) (Taxpayer ID #) __________________________ (City Business License #) __________________ 2. Term: The effective date of this contract is 8/14/2018and it terminates upon completion unless sooner terminated as provided herein. 3. Contractor’s Obligations: (a)To the satisfaction of the City’sProject Manager, Contractor shall provide the following goods and/or services: Furnish and install 2 slide gates 8’x30’ with 100’ of concrete track 14” wide 12” deep & rebar. Furnish and install 2 Liftmaster Gate Operators with built in battery. 4 lift master programmable key pads & goose neck stands and 2 miller edge guards 2 Omoron safety photo eye sensors. 2 Fire Knox 5502 key switches and 8 bollards 4” diameter filled with concrete. (b)Contractor shall perform the above-referenced servicesor delivery the required goods at or to the following specified location/s:(Attach extra sheet/s if necessary) RV Resort Rehabilitation Project 32040 Riverside Drive, Lake Elsinore Ca 4. Supplemental Conditions: This Contract is subject to the Supplemental Conditions attached hereto, which are incorporated herein by reference. 5.Compensation:Contractor’s total compensation for the goods and/or services performed under this Contract is $31,070.00, to be paid as (check one): (1) X lump sum upon completion of all Contractor’s Obligations; (2)  lump sum per-task in the amounts indicated below, payable upon completion of each task; (3) lump sum per-task in the amounts indicated below, payable in monthly installments not to exceed the percentage completion of each task; (4) per attached written quote, up to a guaranteed not-to-exceed amount of $31,070.00 Task Amount Furnish and install 2 slide gates 8’x30’ with 100’ of concrete track 14” wide 12” deep & rebar. Furnish and install 2 Liftmaster Gate Operators with built in battery 4 lift master programmable key pads & goose neck stands and 2 miller edge guards 2 Omoron safety photo eye sensors. 2 Fire Knox 5502 key switches and 8 bollards 4” diameter filled with concrete. $31,070.00 6. Signatures: These signatures attest the parties’ agreement hereto: CONTRACTOR: Hemet Fence Corporation _______________________________________ Print Name/Title Wes Martin CITY OF LAKE ELSINORE, a municipal corporation: By: ___________________________________ City Manager By: ___________________________________ City Project Manager Approved as to content/Insurance: By: ___________________________________ City Purchasing Agent/Risk Manager Attested: By: ___________________________________ City Clerk SHORT FORM PURCHASE OF SERVICES CONTRACT 2 August 6, 2018 City of Lake Elsinore SUPPLEMENTAL CONDITIONS 1.Independent Contractor. It is expressly agreed that Contractor is to perform or deliver the goods and/or services described herein as an independent contractor pursuant to California Labor Code Section 3353, under the control of the Cityas to the result of his work only but not as to the means by which such result is accomplished. Nothing contained herein shall in any way be construed to make Contractor or any of its agents or employees, an agent, employee or representative of the City. Contractor shall be entirely responsiblefor the compensation of any assistants, employees, and subcontractors used by Contractor in providing said goods and/or services. 2.Cancellation. Either the Cityor Contractor may cancel this Contract at any time upon giving the other party five (5) calendar days' written notice of such cancellation. In the event of cancellation, the City shall be liable only to pay to the Contractor compensation for services rendered up to the date of the Contract's cancellation. Under no circumstances shall Citybe responsible for payment of lost profits, or damages beyond the total amount of compensation set in this Contract. 3.Assignment. Contractor shall not assign this Contract, or any part thereof, or any right of the Contractor hereunder without the prior written consent of the City. 4.Indemnity. Contractor shall indemnify, defend and hold the Cityharmless from and against all claims, demands and causes of action for injury, death or damage to any person or property that may arise or result from Contractor's performance of this Contract or from acts or omissions of any person(s) employed by Contractor. 5.Anti-Discrimination. Contractor shallnot discriminateagainstany employeeor applicant for employmentbecause of race, color, religious creed, age, sex, actual or perceived sexual orientation, national origin, disability as defined by the American with Disabilities Act (42 U.S.C. § 12010, et seq.) or veteran’s status. To the extent applicable, Contractor shall comply with all federal, state, and local laws regarding non-discrimination, equal employment opportunity, affirmative action and occupational-safety-health concerns, shall comply with all applicable rules and regulationsthereunder, and shall comply with same as each may be amended from time to time. 6.Legal Responsibilities. The Contractor shall keep itself informed of State, and Federal laws and regulations and the Lake Elsinore Municipal Code which in any manner affectthose employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section. 7.Insurance. During the entire term of this Contract and any extension or modification thereof, the Contractor shall keep in effect insurance policies meeting the following SHORT FORM PURCHASE OF SERVICES CONTRACT 3 August 6, 2018 City of Lake Elsinore insurance requirements: 7.1 Commercial General and Automobile Liability Insurance. Contractor, at its own cost and expense, shall maintain commercial general insurance in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence, coverage and automobile liability insurance in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence for the term of this Agreement in an amount not less than ONEMILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separatelyto the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefore, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles.The following endorsements shall be attached to the policy: 7.1.1 Policy shall cover on an "occurrence basis." 7.1.2 Policy must cover personal injuries as well as bodily injuries. Exclusion of contractual liability must be eliminated from personal injury endorsement. 7.1.3 Broad form property damage endorsement must be attached. 7.1.4 Policy must cover contractual liability by amending the definition of "incidental contract" to include any written contract. 7.1.5 The City, its officers and employees shall be named by endorsement as an additional insured, and the policyshall stipulate that this insurance will operate as primary insurance and that no other insurance effected by the City will be called upon to contribute to any loss suffered by Contractor hereunder. 7.2 Worker's Compensation. The Contractor, at its own cost and expense shall carry and maintain statutory Worker's Compensation Insurance and Employer's Liability with limits of not less than One Million Dollars ($1,000,000) with an insurance carrier satisfactory to the City. In the event Contractor is self-insured, it shall furnish the City with a Certificate of Permission to Self-Insure signed by the Department of Industrial Relations Administration of Self-Insurance in Sacramento, California. If any injury occurs to any employee of Contractor for which the employee, or his dependents in the event of his death, is entitled to compensation from the City, the City may retain out of SHORT FORM PURCHASE OF SERVICES CONTRACT 4 August 6, 2018 City of Lake Elsinore sums due the Contractor under this Contract an amount sufficient to cover such compensation as fixed by said Act, until such compensation is paid or until it is determined that no compensation is due and if the City is compelled to pay such compensation, it will deduct and retain from the sums due the Contractor the amount so paid. 7.3 Additional Insurance Provisions. Said policies shall constitute primary insurance as to the City, and its officers, agents, and employees, so that other insurance policies held by or for them or the City’s self-insurance program shall not be required to contribute to any loss covered under the Contractor's insurance policy or policies. 7.4 Coverage Verification. 8.4.1 Upon notification of receipt by the City of a notice of cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new or renewal policy. 8.4.1 If, at any time during the life of the Contract or any extension thereof, Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to immediately terminate the Contract. 8.Payment of Prevailing Wages. Contractorisawareoftherequirementsof CaliforniaLaborCodeSection 1720,etseq.,and1770,etseq.,aswellasCalifornia CodeofRegulations, Title8,Section1600,etseq.,(“PrevailingWageLaws”),which require the payment of prevailing wage rates and the performance of other requirementson “PublicWorks”and“Maintenance”projects. Iftheservicesarebeing performed aspartofanapplicable“PublicWorks”or“Maintenance”project,asdefined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, ContractoragreestofullycomplywithsuchPrevailingWageLaws. Contractor shall determinetheapplicableprevailingratesandmakecopiesoftheprevailing ratesofper diemwagesforeachcraft,classificationortypeofworker neededtoexecutethe servicesavailabletointerestedpartiesuponrequest, andshallpostcopiesatthe Contractor’sprincipalplaceofbusinessandatthe projectsite. Contractorshalldefend, indemnifyandholdtheCity,itselected officials,officers,employeesandagentsfree andharmlessfromanyclaimor liabilityarisingoutofanyfailureorallegedfailureto complywith the Prevailing Wage Laws. The provisionsofthis Sectionmay be waivedin if inapplicable to the services provided hereunder.