HomeMy WebLinkAbout08 - Approval and Award of M/RSA for Maintenance, Repair and Testing of Underground Fuel Storage TanksQ SEW Pp�T
CITY OF
z NEWPORT BEACH
c�<,FORN'P City Council Staff Report
June 22, 2021
Agenda Item No. 8
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Facilities and Equipment Manager,
kbrodowski@newportbeachca.gov
PHONE: 949-718-3464
TITLE: Approval and Award of Maintenance and Repair Services Agreement
with Verdugo Testing Inc., for Maintenance, Repair and Testing of
Underground Fuel Storage Tanks
ABSTRACT:
The City of Newport Beach (City) utilizes contractors to perform on-call maintenance and
repair work, as well as annual compliance testing for underground fuel storage tanks
(UST) located at the City Corporation Yard as well as a shared location between Fire
Station 3 and Newport Beach Police Department Headquarters (NBPD Headquarters).
Staff recently received formal bids for UST maintenance, repair and testing. Staff requests
City Council approval to enter into a five-year agreement with Verdugo Testing to provide
these services.
RECOMMENDATION:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve a five-year Maintenance and Repair Services Agreement with Verdugo
Testing for Underground Fuel Storage Tank Maintenance, Repair, and Testing
Services with a total not -to -exceed amount of $200,000, and authorize the Mayor and
City Clerk to execute the agreement.
DISCUSSION:
The City has five, 24-hour vehicle/equipment fueling stations located at various sites
throughout the city. The Public Works Fleet Maintenance Section is responsible for the
operation and upkeep of these sites. These responsibilities include daily monitoring,
monthly reconciliation, servicing, repairing, annual testing and operational permits
required by local, state and federal agencies. The total capacity is 40,000 gallons of
gasoline, and 20,000 gallons of diesel. For emergency preparedness, fuel levels are
maintained at, or above, 50% capacity at all times.
RX
Approval and Award of Maintenance and Repair Services Agreement with
Verdugo Testing Inc., for Maintenance, Repair and
Testing of Underground Fuel Storage Tanks
June 22, 2021
Page 2
The UST system is a combination of large and small equipment. The system is split
between above -ground equipment, and below -ground equipment. Below ground
equipment includes large fuel storage tanks, secondary spill containment, leak detection
sensors, and pressurized product lines. The above -ground equipment includes a vapor
collection system, dispenser pumps, hoses, nozzles, product fill boxes, electronic
controls, and automated 24-hour leak detection and alarm systems. Fueling sites at the
Corporation Yard and NBPD Headquarters have large UST as opposed to the sites
located at Fire Stations 7 and 8, and the Utility Yard, which have smaller, above -ground
diesel fuel storage tanks.
Due to the complexity and size of the UST system located at the Corporation Yard and
NBPD Headquarters, much more oversight is required to protect against an
environmental disaster. Preventative maintenance and component inspection on a
scheduled basis are critical to maintain operational efficiency and to comply with
conditional permit regulations.
Above -ground diesel storage tanks located at the Utilities Yard and Fire Stations 7 and 8
are simpler to maintain, and do not require the same testing and permitting since the
tanks and fueling equipment are above ground and all systems can be inspected visually.
Should a leak or spill of fuel from the above -ground storage tank occur, the fuel is
collected within secondary containment to protect the environment, which makes
clean-up quick and easy.
California Code of Regulations Title 23 requires the continuous monitoring of UST. The
Corporation Yard and NBPD Headquarters are equipped with electronic equipment that
provides 24-hour monitoring of leak detection sensors. In the event of malfunction, visual
and audible alarms are installed close to the employee workspace to alert certain
employees trained for response. Fleet Maintenance staff conduct visual inspections of
above -ground equipment on a regular basis, and below -ground equipment is monitored
by electronic sensors and alarms that are tested every 30 days.
Staff is responsible for daily fuel reconciliation and keeping fuel tanks topped off and ready
for an emergency. However, staff relies on specialized contractors to perform as -needed
repairs in response to dispenser malfunctions which include broken nozzles, torn hoses,
vapor collection leaks, and faulty fuel leak detection sensors. In addition to repairs, a
variety of tests must be performed on a scheduled basis to renew the annual operating
permits. Most repairs and all testing require certified technicians, the notification of County
of Orange officials, and special permitting.
Currently, an agreement with A&W Associates (C-8068-2) provides the City with required
testing and certification of the UST system, while an agreement with Joe Rhodes Inc.
(C-7031-2) provided on-call as -needed repairs. Staff recently prepared a new scope of
service that would fold testing, inspections, and as -needed repairs into one agreement.
The current agreement with A&W Associates for UST test and maintenance expires
March 31, 2022 and the agreement with Joe Rhodes for on-call maintenance and repair
expired February 1, 2021.
FIN
Approval and Award of Maintenance and Repair Services Agreement with
Verdugo Testing Inc., for Maintenance, Repair and
Testing of Underground Fuel Storage Tanks
June 22, 2021
Page 3
Staff sent out a Notice Inviting Bids (C-7223-1) on March 20, 2021. On April 20, 2021 at
2 p.m., new bids were received, and the City Clerk opened and read the following bid for
this project:
BIDDER TOTAL BID AMOUNT
Low Verdugo Testing Inc. $46,150.00
Verdugo Testing Inc. was the only bidder and deemed the lowest responsible bidder with
a projected annual cost of $48,250 for scheduled testing and monthly inspections service
and maintenance of the UST, fuel dispensers and automated monitor system. After
reviewing final documents, it was noted there was an error in the scope of services
requesting pricing for 72 months. A follow up notice was sent to Verdugo Testing Inc. to
clarify that pricing was needed for 60 months, not 72 months. Verdugo Testing Inc.
submitted revised rates for a total bid amount of $46,150.00
In addition to routine maintenance, testing and certification, Verdugo Testing Inc. will also
be utilized for unexpected repair work and the purchase and installation of replacement
components as needed. Looking back to June of 2018, when the agreement with Joe
Rhodes was executed, approximately $75,000 has been spent repairing or replacing
equipment associated with the fueling stations at all five locations during the three-year
contract term.
As equipment continues to age and/or reaches estimated life cycles, staff expects the
need to replace critical UST components, such as leak detection alarms, sensor probes,
hose lines, dispenser nozzles, etc. Due to the high use and persistent stress on the
system, it is difficult to estimate which components will fail, and when. However,
scheduled maintenance and regular inspections can identify problems before they
become serious. Staff estimates this additional work to be approximately $30,000 per
year. Staff recommends the award of a new, five-year UST maintenance and repair
agreement to Verdugo Testing Inc. with a total not -to -exceed amount of $200,000.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this contract. It will be expensed to the
Services Contract account, 7529031-811017, in the Public Works Department.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
FIN
Approval and Award of Maintenance and Repair Services Agreement with
Verdugo Testing Inc., for Maintenance, Repair and
Testing of Underground Fuel Storage Tanks
June 22, 2021
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance and Repair Services Agreement with Verdugo Testing Inc.,
for Maintenance, Repair and Testing of Underground Storage Tanks
ATTACHMENT A
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH VERDUGO TESTING CO., INC. FOR
UNDERGROUND STORAGE TANKS — TESTING, DESIGNATED OPERATOR &
MAINTENANCE/REPAIR SERVICES
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made
and entered into as of this 1st day of July, 2021 ("Effective Date"), by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"),
and VERDUGO TESTING CO., INC., a California corporation ("Contractor"), whose
address is 862 Starboard St, Chula Vista, California 91914, and is made with reference
to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform maintenance and/or repair services
for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on June 30, 2022 ("Original Term"), unless terminated earlier as set forth
herein. The Original Term shall be for one (1) year with the City's option to automatically
renew the Agreement for four (4) additional one (1) year terms (each a "Renewal Term"),
unless seven (7) day written notice by Notice Not to Extend is provided to Contractor, or
further terminated earlier as set forth in the Agreement. In any event, the term of the
Agreement, including the Original Term and any Renewal Terms shall not extend beyond
June 30, 2026, without a written amendment to this Agreement.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). As a material inducement to City entering into this Agreement, Contractor
,;
represents and warrants that Contractor is a provider of first class work and Contractor is
experienced in performing the Work contemplated herein and, in light of such status and
experience, Contractor covenants that it shall follow community professional standards
with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances, in performing
the Work required hereunder, and that all materials will be of good quality.
2.2 Contractor shall perform all Work required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
2.3 With respect to the on-call Services described in Exhibit A, upon written
request from the Project Administrator as defined herein, Contractor shall provide a letter
proposal for Services requested by the City (hereinafter referred to as the "Letter
Proposal"). The Letter Proposal shall include the following:
2.3.1 A detailed description of the Services to be provided;
2.3.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
and
2.3.3 The estimated number of hours and cost to complete the Services,
2.3.4 The time needed to finish the specific project or Services.
2.4 No on-call Services shall be provided until the Project Administrator has
provided written acceptance of the Letter Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A. In the absence of a specific schedule, the Services shall be performed to
completion in a diligent and timely manner. The failure by Contractor to strictly adhere to
the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely
manner may result in termination of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
Verdugo Testing Co., Inc. Page 2 8.6
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Schedule of Billing
Rates attached hereto as Exhibit B and incorporated herein by reference. Except as
otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Fixed Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Nine Thousand Two Hundred Thirty Dollars and 00/100
($9,230.00) for the Original Term and for each Renewal Term (each twelve (12) month
period from July 1 to June 30, commencing with the Effective Date), for a total not to
exceed amount of Forty Six Thousand One Hundred Fifty Dollars and 11/100
($46,150.00). Contractor's compensation for all On -Call Services performed during the
Original Term and any Renewal Terms and in accordance with this Agreement, including
all reimbursable items, shall not exceed One Hundred Fifty Three Thousand Eight
Hundred Fifty Dollars and 00/100 ($153,850.00), without prior written amendment to
the Agreement. Contractor's compensation for all Services performed in accordance with
this Agreement, including all reimbursable items shall not exceed a total amount of Two
Hundred Thousand Dollars and 00/100 ($200,000.00), without prior written amendment
to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement, or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Marco Verdugo to be its
Verdugo Testing Co., Inc. Page 3 8.7
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee shall be the Project Administrator and shall have the
authority to act for City under this Agreement. The Project Administrator shall represent
City in all matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
Verdugo Testing Co., Inc. Page 4 8.8
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Verdugo Testing Co., Inc. Page 5 8.9
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of conducting
the Work are under the control of Contractor, except to the extent they are limited by
statute, rule or regulation and the expressed terms of this Agreement. No civil service
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
Verdugo Testing Co., Inc. Page 6 8-10
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit H, and incorporated herein by reference.
15. BONDING — FIXED MAINTENANCE
15.1 For all Fixed Maintenance Work as described in Exhibit A, Contractor
shall obtain, provide and maintain at its own expense during the term of this Agreement:
(1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%)
of the amount payable to the Contractor as set forth in this Agreement and in the form
attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a
Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto
as Exhibit E which is incorporated herein by this reference.
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement,
the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy
of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance
Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the
State of California.
16. BONDING — ON-CALL SERVICES
16.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit F which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit G which is incorporated herein
by this reference.
16.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
Verdugo Testing Co., Inc. Page 7 8-11
16.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
17. LABOR AND PREVAILING WAGE REQUIREMENT
17.1 Contractor shall comply with all applicable provisions of State and
Federal law including, applicable provisions of California Labor Code, and the Federal
Fair Labor Standards Act.
17.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give notice to City, including all relevant information.
17.3 This agreement shall be paid in accordance with Section 1770 of the
California State Labor Code and in accordance with the tenus of the Southern California
Master Labor Agreement, which has established a prevailing rate of per diem wages to
be paid in the performance of this agreement. The Director of Industrial Relations has
ascertained the general prevailing rate of per diem wages in the locality in which the work
is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the agreement. A copy of said determination is available by calling the
prevailing wage hotline number (415) 703-4774, and requesting one from the Department
of Industrial Relations. All parties to the agreement shall be governed by all provisions of
the California Labor Code Relating to prevailing wage rates (Sections 1770-7981,
inclusive). The Contractor is required to obtain the wage determinations from the
Department of Industrial Relations and post at the job site the prevailing rate or per diem
wages. It shall be the obligation of the Contractor or any subcontractor under him/her to
comply with all State of California labor laws, rules and regulations and the parties agree
that the City shall not be liable for any violation thereof.
17.4 Unless otherwise exempt by law, Contractor warrants that no contractor
or subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
Verdugo Testing Co., Inc. Page 8 8.12
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
19. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any subcontractor nor shall it create any obligation on the
part of City to pay or to see to the payment of any monies due to any such subcontractor
other than as otherwise required by law. City is an intended beneficiary of any Work
performed by the subcontractor for purposes of establishing a duty of care between the
subcontractor and City. Except as specifically authorized herein, the Services to be
provided under this Agreement shall not be otherwise assigned, transferred, contracted
or subcontracted out without the prior written approval of City.
20. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
21. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
22. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
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
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
Verdugo Testing Co., Inc. Page 9 8-13
23. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
25. CONFLICTS OF INTEREST
25.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
26. NOTICES
26.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
26.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
26.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Verdugo Testing Co., Inc. Page 10 8-14
Attn: Marco Verdugo
Verdugo Testing Co., Inc.
862 Starboard St
Chula Vista, CA 91914
27. CLAIMS
27.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
27.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
28. TERMINATION
28.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
28.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
Verdugo Testing Co., Inc. Page 11 8-15
29. LABOR
29.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
29.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
29.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
29.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
30. STANDARD PROVISIONS
30.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
30.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
30.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
30.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
30.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
30.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
Verdugo Testing Co., Inc. Page 12 8-16
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
30.7 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.
30.8 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.
30.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
30.10 Equal Opportunity Employment. 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, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
30.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Verdugo Testing Co., Inc. Page 13 8-17
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: G1 /s-.12-1
By:
a n C. Har jµ ►
ity Attorne
ATTEST:
Date:
An-
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Brad Avery
Mayor
CONTRACTOR: Verdugo Testing Co.,
Inc., a California corporation
Date:
By:
Antonio Fernando Verdugo
Chief Executive Officer
Date:
i�
Marco A. Verdugo
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Bid Submittal Documents
Exhibit D
— Labor and Materials Payment Bond (Fixed Maintenance)
Exhibit E —
Faithful Performance Bond (Fixed Maintenance)
Exhibit F —
Labor and Materials Payment Bond (On -Call Services)
Exhibit G
— Faithful Performance Bond (On -Call Services)
Exhibit H — Insurance Requirements
Verdugo Testing Co., Inc_ Page 14 8-18
EXHIBIT A
SCOPE OF SERVICES
UNDERGROUND STORAGE TANK TESTING
DESIGNATED UST OPERATOR SERVICES 1 UNDERGROUND TANK
MAINTENANCE & REPAIR
CONTRACT 7223-1
All work necessary for the completion of this contract (or contracts) shall be done in
accordance with this Scope of Services.
1. Award
Prospective firms may elect to propose on Part A and/or Part B. Based on review and
evaluation by City, City may, at its discretion, elect to award separate contracts for Part
A and Part B to two (2) individual firms, or award a single contract for both Part A and
Part B to a single firm. Award to be based on lowest combined Base Bid A plus Base Bid
B; or lowest Base Bid A to one firm, and lowest Base Bid B to one firm.
2. Contractor Licensing Contractor(s) must possess at minimum the following
License(s) and Certifications for the Parts that they are electing to bid on:
3. PART A: Underground Tank Testing
California Tank Tester License
4. PART B: Underground Tank Maintenance & Repair I Designated UST Operator
Certificate issued by the International Code Council ('ICC') indicating passing the
California UST Service Technician exam as required by the State Water Resources
Control Board (California Code of Regulations, Title 23, Chapter 16, Section 2715 (i));
South Coast Air Quality Management District ("SCAQMD'); and California Air Resources
Board (CARB).
Any licenses commensurate with STATE (STATE WATER RESOURCES CONTROL
BOARD, CALIFORNIA CONTRACTORS STATE LICENSE BOARD) requirements for all
work under this section, including, but not necessarily limited to any of the following:
D-40 (C-61 Limited Specialty) Service Station Equipment and Maintenance Contractor`
A service station maintenance contractor installs, repairs, maintains or calibrates
monitoring equipment for underground fuel storage tanks up to 20, 000 gallons which have
been or are to be used for dispensing gasoline, diesel fuel, waste oil or kerosene (no
chemicals). This includes the installation of vapor probes in back fill areas of the tanks
and any associated calibration work, including but not limited to the testing and
adjustment of leak detection and vapor recovery equipment, such as automatic tank
gauges, leak line detectors, vapor recovery lines, and in -station diagnostics.
Note for Those Holding a License with this Classification Issued Prior to January
18, 2001: You may perform all the work as described above, as well as install and/or
remove the underground fuel storage tanks themselves, including the installation andlor
removal of all incidental tank related piping and electrical work, and the installation of auto
hoisting equipment, grease racks, compressors, air hoses, and other service station
equipment.
Regarding the following CSLB Classifications and the CA State Water Resources Control
Board (A, C-10, C-34, C-36, C -61(D40) )
https:Ilwww.waterboards.ca.govlust/docsllic req work uses 061717.pdf
Health & Saf. Code Ch. 6.7 and the UST Regulations require individuals or companies
performing work on USTs to possess a Tank Tester License issued by the State Water
Board, or a current license issued by the CSLB. Specifically, the current list of permissible
contractor licenses set forth in Health and Saf. Code Ch. 6.7, section
25284.1(a)(5)(D)(ii) and UST Regulations, section 2715(1) include the General
Engineering Contractor (Class A), and specialty contractors C-10 Electrical Contractor,
C-34 Pipeline Contractor, C-36 Plumbing Contractor, and C -61(D40) Limited Specialty.
However, section 7059 of the Bus. & Prof. Code Ch. 9, Art. 4 prohibits specialty
contractors (Class C licenses) from working in a classification unless they are licensed in
that classification, or that work is incidental and supplemental to the work for which a
specialty contractor is licensed. CSLB defines `incidental and supplemental" as work that
is essential to the specialty of the contractor's license rather than the specialty of the
project itself. (Contractor Classification Regulations, §§ 830 & 831.) Contractors must
ensure the work they are performing on US Ts meets the contractor license description as
defined by the CSLB.
htt s.11www.waterboards.ca. ovlust/re ulato /docs/hsc 6 7 01 2019. df
Health and Saf, Code Ch. 6.7, section 25284.1(a)(5)(D)(ii)
On and after January 1, 2002, no person shall install, repair, maintain, or calibrate
monitoring equipment for an underground storage tank unless that person satisfies both
of the following requirements: (i) The person has fulfilled training standards identified by
the board in regulations adopted pursuant to this section. (ii) The person possesses a
tank testing license issued by the board pursuant to Section 25284.4, or a Class 'A"
General Engineering Contractor License, C-10 Electrical Contractor License, C-34
Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D40) Limited
Specialty Service Station Equipment and Maintenance Contractor License issued by the
Contractors' State License Board.
8-20
PART A: UNDERGROUND TANK TESTING
Testing and Inspections
• Contractor shall perform all inspections/testing in accordance with all Federal,
State, county and local rules and regulations, including, but not limited to, the
California State Water Resources Control Board (SWCRB) and Orange County
Health Care Agency (OCHCA) Environmental Health Division.
• Contractor shall perform the following testing and inspections on an agreed upon
schedule with the City:
o Annual Monitoring Certification Testing
■ Annual Monitor Certification
■ Two Sites — Corporation Yard and Police Department
■ Performed in the Month of June
o Line Integrity Test
■ Annual Test
■ Two Sites — Corporation Yard and Police Department
■ Performed during Monitor Certification
o CARB Rule 461 testing
■ Annual Test
■ Two Sites — Corporation Yard and Police Department
■ Performed during Monitor Certification
o SB 989 3 -Year Testing
■ Conducted every Three (3) Years
■ Two Sites — Corporation Yard and Police Department
■ Next Test is due January 23, 2022
o Secondary Containment Testing
■ Conducted every Three (3) Years
■ Two Sites — Corporation Yard and Police Department
■ Next Test is due June 2021
• Contractor shall contact the Project Manager to make arrangements for repairs
at designated facilities within 24 hours of noticing any issue.
• City shall provide notice within 24 hours of needed repairs to Contractor
detailing the malfunction, broken equipment, and location.
8-21
Overfill Prevention Equipment Inspection (SB 989)
• One (1) initial inspection and then one (1) every 36 months thereafter.
• The equipment must be inspected within 30 days of the completion of a repair.
• The inspection must be conducted per the manufacturer of the equipment (by
a certified technician), however, if a manufacturer's protocol is not available,
industry standards, or agency requirements may be followed.
• The overfill inspections must be documented on current overfill prevention
equipment inspection report forms, and the records shall be maintained by the
owners/operators consistent with mandated record keeping requirements.
• NOTE: If the OVERFILL PREVENTION EQUIPMENT is for an unleaded or
other type of "gasoline" (not diesel) product, California Air Resources Control
Board (CARB) will require an unwitnessed leak decay test and a drop tube
integrity test. Test results will be left on site and the on-site South Coast Air
Quality Management District (AQMD) Vapor Recovery Repair Log will be
updated by the technician.
Performance
• Contractor shall test and make associated repairs of the underground tanks
located at various City facilities.
• Contractor shall conduct mandated testing on underground tanks, pipes,
Veeder Root monitoring systems and printers.
• Contractor shall clean-up after making repairs and remove broken and
malfunctioning equipment from the immediately surrounding areas at
designated facilities after making repairs on an as -needed basis.
• Contractor shall immediately notify the City of any hazardous conditions.
• Contractor's vehicles shall be properly marked with Contractor's name and/or
logo and be in clean working condition.
8-22
Veeder Root Monitoring System Locations with Underground Tanks
Corporation Yard (592 Superior Avenue)
1 (one) Veeder-Root TLS -350 Monitor with printer
• Unleaded fuel
0 2 (two) underground 12,000 gallon tanks
0 2 (two) dispensers with a total of 4 (four) hoses
Diesel fuel
0 1 (one) underground 12,000 gallon tank
0 2 (two) dispensers with a total of 2 (two) hoses
• Used Oil
o 1 (one) underground 1,000 gallon tank
Police Department/Fire Station #3 (868/870 Santa Barbara Drive)
1 (one) Veeder-Root TLS -350 Monitor with printer
Unleaded fuel
o 1 (one) 20,000 gallon underground tank
o 2 (two) dispensers with a total of 4 (four) hoses
• Diesel fuel
0 1 (one) 5,000 gallon underground tank
0 1 (one) dispenser with 1 (one) hose
• Used Oil
o 1 (one) 1,000 gallon underground tank
PART A ATTACHMENTS:
Appendix IX Underground Storage Tank Overfill Prevention Equipment Inspection
Report Form
8-23
PART B: UNDERGROUND TANK MAINTENANCE & REPAIR/
DESIGNATED UST OPERATOR SERVICES
SECTION 9: MAINTENANCE AND REPAIR SERVICES
• Furnish all labor, equipment, materials, and supervision to provide repairs and
maintenance on an as -needed basis at several vehicle fuel islands located
throughout the City.
• Contractor must be equipped and licensed to provide the City with underground
and aboveground fuel storage tank maintenance and repair, monitoring system
maintenance and repair, and fuel dispensing system equipment maintenance
and repair.
• All Work requiring permits or agency notification prior to repair or modification must
be handled by the Contractor prior to commencement of the Work.
• Contractor shall respond to service requests within four (4) hours of service call
or other City approved time, pursuant to a Letter Proposal accepted by City.
• The Agreement and its pricing includes all labor, equipment, transportation,
materials, supplies, taxes, permits, fees and reports to meet the specifications
contained herein.
Working Hours
• Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m.,
Monday through Friday, and 7:00 a.m. and 4:00 p.m., Saturday and Sunday.
• After -Hours underground storage tank ("UST') alarm response.
• City may accept a Letter Proposal for Contractor to perform work between
the hours of 5:00 p.m. and 7:00 a.m. Monday through Friday and anytime on
Saturdays or Sundays to assist in UST alarm response.
Level of Maintenance
• If, in the judgment of the City, the level of maintenance is less than that
specified herein, the City shall, at its option, in addition to or in lieu of other
remedies provided herein, withhold appropriate payment from the Contractor
until services are rendered in accordance with specifications set forth within
RM
this document and providing no other arrangements have been made between
the Contractor and the City. Failure to notify of a change and/or failure to
perform an item or work on a scheduled day may, at the City's sole discretion,
result in deduction of payment for that date, week, or month. Payment will be
retained for work not performed until such time as the work is performed to City
standard.
• The Contractor is required to correct deficiencies within the time specified by
the City. If noted deficient Work has not been completed, payment for subject
deficiency shall be withheld and shall continue to be withheld until deficiency is
corrected, without right to retroactive payments.
• Technicians shall be familiar with and certified by the equipment manufacturer
in the installation, troubleshooting and testing of the leak detection monitoring
systems and all components of the fuel storage tank system and fuel
dispensing systems.
• All Work shall be performed by technician(s) with the appropriate required
certification and licenses. Certifications and licenses from the following
agencies, at a minimum will include, as applicable:
o Certificate issued by the International Code Council ("ICC") indicating
passing the California UST Service Technician exam as required by the
State Water Resources Control Board (California Code of Regulations,
Title 23, Chapter 16, Section 2715 (i));
o South Coast Air Quality Management District ("SCAQMD"); and
o California Air Resources Board (CARB).
• All equipment replacements shall be of identical equipment manufacturer and
model replacements unless otherwise approved by the City. All equipment
replacements shall be new - not refurbished.
The Contractor shall perform all Work required to be performed, and shall provide
and furnish all the necessary labor, materials, necessary tools, expendable
equipment and all utility and transportation services.
Schedules
As -Needed Repairs
• Contractor shall be responsible for making repairs to fuel dispensers, card
lock systems, Veeder Root automatic tank gauge systems, underground and
aboveground fuel storage tanks, and the associated piping at designated
locations on an as -needed basis.
• Repair and maintenance of other related equipment. Available for spill
response in order to inspect possible cause(s) and make corrections/repairs.
8-25
• Contractor shall contact the Project Manager to make arrangements for repairs
at designated facilities within 24 hours of noticing any issue.
• City shall provide notice within 24 hours of needed repairs to Contractor
detailing the malfunction, broken equipment, and location.
Performance
• Contractor shall properly repair and maintain the fuel dispensers, card lock
systems, Veeder Root automatic tank gauge systems, the underground and
aboveground fuel storage tanks, and the associated piping
• Contractor shall clean-up after making repairs and remove broken and
malfunctioning equipment from the immediately surrounding areas at
designated facilities after making repairs on an as -needed basis.
• Contractor shall immediately notify the City of any hazardous conditions.
• Contractor's vehicles shall be properly marked with Contractor's name and/or
logo and be kept in a clean, working condition.
Site Descriptions
Fuel Dispensing Facilities
o Municipal Operations Department:
o (2) Unleaded gasoline Underground Storage Tanks, 12,000 gallons
each;
o (2) gasoline dispensers and under -dispenser containment ("UDC"'s)
with (2) dispensing nozzles each.
o Diesel fuel Underground Storage Tank, 12,000 gallons;
o (2) Diesel dispensers and UDCs with (1) dispensing nozzleeach.
o Police Department:
o Unleaded gasoline Underground Storage Tank, 20,000 gallons;
o (2) gasoline dispensers with UDCs with (2) dispensing nozzles each.
o Fire Station #3:
o (1) Diesel Underground Storage tank, 6,000 gallons;
o (1) Diesel fuel dispenser and (1) dispensing nozzle.
o Fire Station #7:
o (1) Diesel Above Ground Tank, 1,000 gallons;
o (1) dispensing nozzle.
o Fire Station #8:
o (1) Diesel Above Ground Tank, 500 gallons;
o (1) dispensing nozzle.
o Utilities Department:
o (1) Diesel Above Ground Tank, 2,000 gallons;
o (1) dispensing nozzle
SECTION 2: DESIGNATED UST OPERATOR SERVICES
• Designated UST Operator to provide general oversight of UST program with
specific emphasis on regulatory compliance issues. Designated UST
Operator shall fulfill the responsibilities set forth in California Code of
Regulations, title 23, sections 2715-2716.
8-27
EXHIBIT B
SCHEDULE OF BILLING RATES
Verdugo Testing Co., Inc. Page B-1 8-28
EXHIBIT B
SCHEDULE OF BILLING RATES
UNDERGROUND STORAGE TANK TESTING
DESIGNATED UST OPERATOR SERVICES / UNDERGROUND TANK
MAINTENANCE & REPAIR
CONTRACT 7223-1
TESTING
Item
Description
Unit of
Quantity
Verdugo
Verdugo
Code
Measure
Testing
Testing Co.
Co. Inc -
Inc - Line
Unit Price
Total
TESTING
Overfill Prevention Equipment
EACH
2
$1,500.00
$3,000.00
Inspection every 36 mos
Cor oration Yard
TESTING
Annual Monitor Certification,
EACH
5
$1,000.00
$5,000.00
Spill Bucket Test and Line
Leak Detector Test
Cor oration Yard
TESTING
Annual Vapor Recovery
EACH
5
$900.00
$4,500.00
Testing (Corporation Yard)
TESTING
Annual Product Line Test
EACH
5
$400.00
$2,000.00
(Corporation Yard)
TESTING
Triennial Test (required every
EACH
2
$1,400.00
$2,800.00
three years) - Secondary
Containment
TESTING
Overfill Prevention Equipment
EACH
2
$1,400.00
$2,800.00
Inspection every 36 mos
(Police Department/Fire
Station 3
TESTING
Annual Monitor Certification,
EACH
5
$1,000.00
$5,000.00
Spill Bucket Test and Line
Leak Detector Test (Police
Department/Fire Station 3
TESTING
Annual Vapor Recovery
EACH
5
$900.00
$4,500.00
Testing (Police
Depart ent/Fire Station 3
TESTING
Annual Product Line Test
EACH
5
$400.00
$2,000.00
(Police Department/Fire
Station 3
•
TESTING
Triennial Test (required every
EACH
2
$1,400.00
$2,800.00
Measure
three years) - Secondary
Measure
Testing
Testing
Testing Co.
Containment (Police
Co. Inc -
Co. Inc -
Inc - Line
Unit
Depart ent/Fire Station 3
Unit
Total
I. Cost per Test
Each
1
Price
$34,400.00
TESTING
Item Code
Description
Unit of
Quantity
Verdugo
Verdugo
Measure
Measure
Testing
Testing
Testing Co.
Co. Inc -
Co. Inc -
Co. Inc -
Inc - Line
Unit
Line Total
Unit
Total
I. Cost per Test
Each
1
Price
$1,400.00
DESIGNATED
30 -Day
Per Month
60
$175.00
$10,500.00
OPERATOR/MAINT/
Designated UST
on a different day.)
REPAIR
Operator
III. Cost per Maintenance Test**
Each
1
$250.00
Inspection
Subtotal
DESIGNATED
Annual AST
EACH
5
$250.00
$1,250.00
OPERATOR/MAINT/
Inspection
and Holidays
REPAIR
Alarm Response - During regular business
Per
1
$200.00
$200.00
hours 7:30 a.m. - 4:30 p.m., Monday -
Subtotal
$11,750.00
AS -NEEDED TESTING, MAINTENANCE & REPAIR, AND OTHER SERVICES
Description
Unit of
Quantity
Verdugo
Verdugo
Measure
Testing
Testing
Co. Inc -
Co. Inc -
Unit
Line Total
Price
I. Cost per Test
Each
1
$1,400.00
$1,400.00
II. Cost per re -test* (Re -test cost sections
Each
1
$800.00
$800.00
are listed in case the re -test is performed
on a different day.)
III. Cost per Maintenance Test**
Each
1
$250.00
$250.00
Subtotal
$2,450.00
Alarm Response - During non -business
Per
1
$200.00
$200.00
hours 4:30 p.m. - 7:29 a.m., Weekends
Response
and Holidays
Alarm Response - During regular business
Per
1
$200.00
$200.00
hours 7:30 a.m. - 4:30 p.m., Monday -
Response
Friday
Alarm Response - Minimum time charge
Minimum
1
$500.00
$500.00
Alarm Response - Travel
Per Mile
1
$15.00
$15.00
i
Annual Monitor Certification, Spill Bucket
Each
1
$800.00
$800.00
and Line Leak Detector Test (cost per re-
test, per site
Annual Monitor Certification, Spill Bucket
Each
1
$800.00
$800.00
and Line Leak Detector Test (cost per
test, per site
Annual Product Line Test (cost per test,
Each
1
$250.00
$250.00
per site
Annual Vapor Recovery Test (cost per re-
Each
1
$800.00
$800.00
test, per site
Annual Vapor Recovery Test (cost per
Each
1
$800.00
$800.00
test, per site
Maintenance and Repairs - Emergency
Per Call
1
$200.00
$200.00
Call Out charge during non -business
Out
hours 4:30 p.m. - 7:29 a.m., Weekends
and Holidays
Maintenance and Repairs - Emergency
Per Call
1
$200.00
$200.00
Call Out charge during regular business
Out
hours 7:30 a.m. - 4:30 p.m., Monday -
Frida
Maintenance and Repairs - Emergency
Per Mile
1
$15.00
$15.00
Call Travel
Maintenance and Repairs - Emergency
Minimum
1
$500.00
$500.00
Calls - Minimum Time if an
Maintenance and Repairs - Next Business
Per Hour
1
$135.00
$135.00
Day Labor Rate Double Time
Maintenance and Repairs - Next Business
Per Hour
1
$115.00
$115.00
Day Labor Rate Over Time
Maintenance and Repairs - Next Business
Per Hour
1
$90.00
$90.00
Day Labor Rate Straight Time
Maintenance and Repairs - Next Business
Per Mile
1
$10.00
$10.00
Day Travel
Maintenance and Repairs - Same
Per Hour
1
$135.00
$135.00
Business Day Labor Rate Double Time
Maintenance and Repairs - Same
Per Hour
1
$115.00
$115.00
Business Day Labor Rate Over Time
Maintenance and Repairs - Same
Per Hour
1
$90.00
$90.00
Business Day Labor Rate Straight Time
Maintenance and Repairs - Same
Per Mile
1
$10.00
$10.00
Business Day Travel
Meetings
Each
1
$0.00
$0.00
Secondary Containment Testing (cost per
Each
1
$250.00
$250.00
maintenance test, per site
Secondary Containment Testing (cost per
Each
1
$800.00
$800.00
re -test, per site
8-31
Secondary Containment Testing (cost per
Each
1
$800.00
$800.00
test, per site
Training Per Employee
Per
1
$50.00
$50.00
Employee
Maintenance and Repairs - Emergency
Each
1
$50.00
$50.00
Call Out charge during non -business
hours 4:30 p.m. - 7:29 a.m., Weekends
and Holidays
Maintenance and Repairs - Emergency
Each
1
$50.00
$50.00
Call Out charge during regular business
hours 7:30 a.m. - 4:30 p.m., Monday -
Frida
Maintenance and Repairs - Emergency
Each
1
$500.00
$500.00
Call Travel
Maintenance and Repairs - Emergency
Minimum
1
$500.00
$500.00
Calls - Minimum Time if an
Maintenance and Repairs - Next Business
Per Hour
1
$135.00
$135.00
Day Labor Rate Double Time
Maintenance and Repairs - Next Business
Per Hour
1
$115.00
$115.00
Day Labor Rate Over Time
Maintenance and Repairs - Next Business
Per Hour
1
$90.00
$90.00
Day Labor Rate Straight Time
Maintenance and Repairs - Next Business
Per Mile
1
$15.00
$15.00
Day Travel
Maintenance and Repairs - Same
Per Hour
1
$135.00
$135.00
Business Day Labor Rate Double Time
Maintenance and Repairs - Same
Per Hour
1
$115.00
$115.00
Business Day Labor Rate Over Time
Maintenance and Repairs - Same
Per Hour
1
$90.00
$90.00
Business Day Labor Rate Straight Time
Maintenance and Repairs - Same
Per Mile
1
$15.00
$15.00
Business Day Travel
Compressor/Hammer/Tamper
Per Day
1
$250.00
$250.00
Concrete Saw
Per Day
1
$100.00
$100.00
Transfer Pump
Per Day
1
$150.00
$150.00
Confined Space Equipment
Per Day
1
$150.00
$150.00
Sniffer
Per Day
1
$50.00
$50.00
Tamper
Per Day
1
$50.00
$50.00
Tamper
Per Day
1
$50.00
$50.00
Nitrogen Tank
Per Day
1
$50.00
$50.00
Mileage Fee
Per Day
1
$300.00
$300.00
Dump Fee
Per Day
1
$300.00
$300.00
Loaner Compressor
Per Day
1
$300.00
$300.00
Electronic Waste Recycling Fee for CED
Each
1
$100.00
$100.00
screen size at least 15" less than 35"
8-32
Electronic Waste Recycling Fee for CED
Each
1
$200.00
$200.00
screen size more than 35"
Total Contract Not to Exceed amount:
$200,000.00
8-33
EXHIBIT C
BID SUBMITTAL DOCUMENTS
Verdugo Testing Co., Inc. Page C-1 8-34
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
INSTRUCTIONS TO BIDDERS
1. The following documents shall be completed, executed, uploaded and received by the City Clerk
via PlanetBids in accordance with NOTICE INVITING BIDS:
INSTRUCTIONS TO BIDDERS
✓ BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed
Envelope)
DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information
to be submitted via PlanetBids)
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
INFORMATION REQUIRED OF BIDDER
✓ ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID
OPENING DATE (if any; Contractor shall confirm via PlanetBids)
✓ TECHNICAL ABILITY AND EXPERIENCE REFERENCES
✓ NON -COLLUSION AFFIDAVIT
✓ DESIGNATION OF SURETIES
✓ PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids)
The City Clerk's Office will open and read the bid results from PlanetBids immediately
following the Bid Opening Date (Bid Due Date.)
The Bid Results are immediately available to the public via PlanetBids following the Bid
Opening Date (Bid Due Date). Members of the public who would like to attend this reading
may go to Bay E, 2na Floor of the Civic Center (Located at 100 Civic Center Dr.)
2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may
be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid"
shall be clearly marked on the outside of the envelope containing the documents. Original copies
must be submitted to the City Clerk's Office.
3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed
above. Bidders are advised to review their content with bonding and legal agents prior to
submission of bid.
3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized
by the Insurance Commissioner to transact business of insurance in the State of California, and
(2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The
successful bidder's security shall be held until the Contract is executed. Original, sealed
copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.)
The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on
the outside of the envelope containing the documents.
4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to
allow the comparison of total bid prices.
3
8-35
5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied
by unit price submitted by the bidder. In the event of discrepancy between wording and figures,
bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated
quantity by unit price, the correct multiplication will be computed and the bids will be compared
with correctly multiplied totals. The City shall not be held responsible for bidder errors and
omissions in the PROPOSAL.
6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor
irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at
the request and expense of the Contractor, securities shall be permitted in substitution of
money withheld by the City to ensure performance under the contract. The securities shall
be deposited in a state or federal chartered bank in California, as the escrow agent.
7. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
Relations has ascertained the general prevailing rate of per diem wages in the locality in which
the work is to be performed for each craft, classification, or type of workman or mechanic needed
to execute the contract. A copy of said determination is available by calling the prevailing wage
hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations.
All parties to the contract shall be governed by all provisions of the California Labor Code —
including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981
inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site.
9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of
the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts
Code, "Subletting and Subcontracting Fair Practices Act".
10. No contractor or subcontractor may be listed on a bid proposal for a public works project
(submitted on or after March 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement
for bid purposes only under Labor Code section 1771.1(a)].
11. No contractor or subcontractor may be awarded a contract for public work on a public works
project (awarded on or after April 1, 2015) unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5.
12. This project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the
bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized
by the corporation. For partnerships, the signatures shall be of a general partner. For sole
ownership, the signature shall be of the owner.
14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on
behalf of itself or a subcontractor that lacks privity of contract with the City but has requested
that contractor proceed on its behalf, sent by registered mail or certified mail return receipt
requested for a time extension, payment by the City for money or damages arising from work
done by, or on behalf of, the contractor and payment for which is not otherwise expressly
provided or to which the claimant is not otherwise entitled, or for payment of an amount that is
disputed by the City, the following is a summary of the claims resolution process to be applied:
A. The City shall review the claim and, within 45 days, shall provide a written statement
identifying the portions of the claim that are disputed and undisputed. This time period may
4
be extended by mutual agreement. The claimant shall furnish all reasonable
documentation to support the claim. If the City needs approval from its City Council to
provide the written statement and the City Council does not meet within the prescribed time
period, the City shall have up to 3 days following the next regular meeting of the City
Council to provide the written statement. Payment of the undisputed portion of the claim
shall be made within 60 days after the City issues its written statement.
B. If the claimant disputes the City's written statement or if the City does not issue a written
statement in the prescribed time period, the claimant may demand in writing an informal
meet and confer conference, which shall be scheduled within 30 days of receipt of
claimant's demand.
C. Within 10 business days of the meet and confer conference, if a dispute remains, the City
shall provide a written statement identifying the portion of the claim that remains in dispute
and the undisputed portion. The City shall pay any remaining amount of the undisputed
portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding
mediation or similar nonbinding process, with the City and claimant sharing the costs
equally and agreeing to a mediator within 10 business days. If the parties cannot timely
agree on a mediator, each party shall select a mediator and those mediators shall select a
qualified neutral third party to mediate the remaining disputed portion. If mediation is
unsuccessful, any remaining disputed portion shall be addressed using procedures outside
of Public Contract Code section 9204.
D. Failure by the City to meet the time requirements herein shall result in the claim being
rejected in its entirety and shall not constitute an adverse finding with regard to the merits of
the claim or the responsibility or qualifications of the claimant.
The signature below represents that the above has been reviewed.
2(.0t 9 - A , Go , C 61/Dlt0, tt A7-
Contractor's
ZContractor's License No. & Classification
(00001'4&-41 J 4, J'�od2ol3
DIR Registration Number & Expiration Date
ve-CAU10 Te-sh'22 CO- �Nc-.
Bidder
5
�) ---) , / V Pe'&-% A --T
Authorized Signature itle
-1 15
Date
8-37
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR &
MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT
State law requires the listing of all subcontractors who will perform work in an amount in excess of one-
half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that
he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of
subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public
Works Construction, as applicable.
Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any
monies to be withheld to ensure performance under the Contract.
The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the
Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will
be used subject to the approval of the Engineer and in accordance with State law. No changes may be made
in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include
DIR registration numbers for each subcontractor.
Bidder
9
{ ^
V
Authorized Signature/Title
MM
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
TECHNICAL ABILITY AND EXPERIENCE REFERENCES
Contractor must use this form!!! Please print or type.
Bidder's Name '� Ejzt>%o C° . A/C .
FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A
COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE.
For all public agency projects/services you have worked on (or are currently working on)
in the past 2 years in excess of $100,000 related to Underground Storage Tank Testing,
Maintenance, Repair and/or Designated Operator services, provide the following
information:
No. 1 f
Project Name/Number `
Project Description V Atf'�01111 S�f`1�� ti a�<< `f�Sfi� , I�alv� JCL a Ke p.c;►'
Approximate Construction Dates: From
a0 is
To: P Ser -y
Agency Name Ut A 4
Contact Person WV -t. Telephone (sit) Sys
Original Contract Amount $U010'�o Final Contract Amount $ 2lot boo
If final amount is different from original, please explain (change orders, extra work, etc.)
PPA
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Po . klm f t,,tre, i4lel by e, 4t -i- 4a r � .
10
•
No. 2
Project Name/Number
Project Description
SR r !J elo V ST 11\ ST
A K40"Aiti I -A" � Te
6ttl�.crv;U'f- -
Approximate Construction Dates: From �-o � O To:
Agency Name G� mr C4' NO' '�
Contact Person CXn F��`'SS°� Telephone pse) ei--*�- - 331r
Original Contract Amount $ 2SY100' Final Contract Amount $ 1501 o 0 y
fro i U'd
If final amount is different from original, please explain (change orders, extra work, etc.)
N/A
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
ND.
No. 3
Project Name/Number -Nek �\-vne 7*4 Ttc+ir 1?9- 0$0- (-ot 262 1
Project Description ��raS�Tar� St''y� /tM'nkr�rn`L� R..a
Approximate Construction Dates: From To:
Agency Name Cbuf+l W bia s
Contact Person �1aovly 2a- Telephone (III
Original Contract Amount $kSO jOvo Final Contract Amount $ 1561V00
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Nb
11
%K1 us
No.4�S.r ! PCS Sexv;c�
Project Name/Number L
Project Description S}��` � ��'� �� � , �A r�c..ancc ��S ce-
Approximate Construction Dates: From
dov5
To: pr"& d
Agency Name l_,OV" I pf �'t- b:mo
Contact Person tA2.1 2AM6f 1 Telephone (16+9) 109 ' 1"S01
Original Contract Amount $ 200,01°D Final Contract Amount $ 2-00i"
If final amount is different from original, please explain (change orders, extra work, etc.)
N IA'
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
N° -
No. 5! _ �n�t &gr
r�/�F6 060)rProject Name/Number �erf+ca�4V4 �t oil 1'e4 �v� �k
Project Description FA S *g Itnk Q" R,-'tP f
Approximate Construction Dates: From Mlite4^ �-V)10 To: L(A
PW&Agency Name b,�TIVI@o��io� J�y,lp .rfio�, I
Contact Person 1044 Ben1104' Telephone 3 - W v
Original Contract Amount $��3�I�ZFinal Contract Amount
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
o,
12
No. 6
Project Name/Number
Project Description
Approximate Construction Dates: From
Agency Name
Contact Person
To:
Telephone (
Original Contract Amount $ Final Contract Amount $
If final amount is different from original, please explain (change orders, extra work, etc.)
Did you file any claims against the Agency? Did the Agency file any claims
against you/Contractor? If yes, briefly explain and indicate outcome of claims.
Attach additional sheets if necessary.
Attach to this Bid the experience resume of the person who will be designated as
General Construction Superintendent or on-site Construction Manager for the
Contractor.
Upon request, the Contractor shall attach a financial statement and other information
sufficiently comprehensive to permit an appraisal of the Contractor's current financial
conditions.
Bidder
13
,,. / p,,,rf pre-s.dAvP
Authorized Signature/T le
WM
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
NON -COLLUSION AFFIDAVIT
State of California )
)ss.
County of )
e -,nran 1, \/6rC uao being first duly sworn, deposes and says that he or she is
V re--si �t Y4 of � '? Co. &, the parry making the
foregoing bid; that the bid is not made in the interest of, & on behalf any undisclosed person, partnership,
company, association, organization, or corporation-, that the bid is genuine and not collusive or sham-, that party
making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or
sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham
bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else
to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly
or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder
or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder,
or to secure any advantage against the public body awarding the contract of anyone interested in the proposed
contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or
indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged
information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company
association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham
bid.
I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct.
Bidder Authorized Signa�fire/Title
Subscribed and sworn to (or affirmed) before me on this �day of �, 2021
by ) qvc A Md ra(a S proved to me on the basis of
satisfactory evidence to be the person(s) who appeared before me.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
Nota ublic
[SEAL] DAVID MORALES
Commission No. 2274297 D My Commission Expires: t S 2?7
NOTARY PUBLIC - CALIFORNIA a
SAN DIEGO COUNTY
Commission Expires January 5, 2023
14
WM
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
DESIGNATION OF SURETIES
Bidder's nameyep-t-sVb-o 16MN& Co. /NL.
Provide the names, addresses, and phone numbers for all brokers and sureties from
whom Bidder intends to procure insurance and bonds (list by insurance/bond type):
I'o�—Y Q-+6i^R
D Nc"'SS,a
15
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
CONTRACTOR'S INDUSTRIAL SAFETY RECORD
TO ACCOMPANY PROPOSAL
Bidder's Name VPir9� I iso' 5 Ln. �-
Record Last Five (5) Full Years
Current Year of Record
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Current
Record
Record
Record
Record
Record
Year of
for
for
for
for
for
Record
2020
2019
2018
2017
2016
Total
2021
No. of contracts
J 3
51
�
C �
4I
2$s
Total dollar
5,5K
3,09s,
�t2��
�t�30.�13
i$�Io�O�i�
�t $,�(F�•
Amount of
Contracts (in
Thousands of $
No. of fatalities
D
b
p
d
No. of lost
Workday Cases
0(J
a
No. of lost
workday cases
involving
permanent
D
C)
O
D
transfer to
another job or
termination of
employment
The information required for these items is the same as required for columns 3 to 6, Code 10,
Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102.
16
Legal Business Name of Bidder
Business Address:
Business Tel. No.:
State Contractor's License No. and
Classification:
V e rd,,„r Test4rj U. erne.
!d 61 g4rLb--rd SbrW-i`-
(oil - o 1- pbo0
0663$1 - p i &- 10 P-1 0 4 a i "At
Title V i cc, f rtSidarq-
The above information was compiled from the records that are available to me at this time
and I declare under penalty of perjury that the information is true and accurate within the
limitations of those records.
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
Signature of
bidder
Date
Title
- n'e, s i 4 -
Signature Requirements: If bidder is an individual, name and signature of individual
must be provided, if doing business under a fictitious name, the fictitious name must be
set fort along with the County. If bidder is a partnership or joint venture, legal name of
partnership/joint venture must be provided, followed by signatures of all of the
partners/joint ventures or if fewer than all of the partners/joint ventures submit with
evidence of authority to act on behalf of the partnership/joint venture. If bidder is a
corporation, legal name of corporation must be provided, followed by signatures of the
corporation President or Vice President or President and Secretary or Assistant
Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of
the corporation. All must be acknowledged before a Notary Public, who must certify that
such individuals, partners/joint ventures, or officers were proven on the basis of
satisfactory evidence to be the persons whose name are subscribed to and
acknowledged that they executed the same in their authorized capacities.
[NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI
17
CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document
to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California 1
Countyy of 5A^ i{ o u� L
On 7 / �O /2-02 1 before me, 'D,.� � I° 0rgtPS /'iia"IGt���
�— Date Here Insert Name and Title of the ofacer
personally appeared
of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity
upon behalf of which the person(s) acted, executed the instrument.
DAVID MORALES
Commission No. 2274297
NOTARY PUBLIC - CALIFORNIA
SAN DIEGO COUNTY
Commission Expires January 5, 2023
Place Notary Seal and/or Stamp Above
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signatur�e� f -
Signature of Notary Public
OPTIONAL
Completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document:
Document Date:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
❑ Individ al ❑ Att F
Number of Pages:
Signer's Name: _
❑ Corporate Officer - Title(s):
❑ Partner - ❑ Limited ❑ General
U orney In act ❑Individual ❑ Attorney in Fact
❑ Trustee ❑ Guardian or Conservator ❑ Trustee ❑ Guardian or Conservator
❑ Other: ❑ Other:
Signer is Representing: _ Signer is Representing:
9,2018 National Notary Association
8-47
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
ACKNOWLEDGEMENT OF ADDENDA
Bidder's namey r',{'Avg9 TBS'0r1 Co-
I)
o•
The bidder shall signify receipt of all Addenda here, if any, and attach executed copy
of addenda to bid documents:
N/A
Addendum No. Date Received Signature
1 Kj L 1 ""-%
L
18
Page 1 of 1
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAI NTENANCURE PAIR SERVICES
C-7223-1
DATE: AJ BY:
uty PWD/City Engineer
TO: ALL PROSPECTIVE BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
A. RFP DUE DATE:
The Bid Opening Date shall be extended to Tuesday, 4/20/2021 at 2:00 p.m.
Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 1 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
2fr�aynAo NJerIAJ0
Bidder's Name (Please Print)
417,o12a21
Date'
.moo Pfresideh+
Authorized Signatt
& Title
Page 1 of 3
CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
P
61 1FOR L
ADDENDUM NO. 2
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE/REPAIR SERVICES
C-7223-1
DATE: BY:
D p PWD/City Engineer
TO: ALL PROSPECTIVE BIDDERS
The following changes, additions, deletions, or clarifications shall be made to the Contract
Documents — all other conditions shall remain the same.
A. SCOPE OF SERVICES — CONTRACTOR LICENSING:
Section 2, 3 and 4 of Scope of Services shall be replaced with the following:
2. Contractor Licensing:
Contractor(s) must possess at minimum the following License(s) and Certifications
for the Parts that they are electing to bid on:
PART A: Underground Tank Testing
Califomia Tank Tester License
PART B: Underground Tank Maintenance & Repair/Designated UST Operator
Certificate issued by the Intemational Code Council ('ICC') indicating passing the California UST
Service Technician exam as required by the State Water Resources Control Board (California
Code of Regulations, Title 23, Chapter 16, Section 2715 (i)); South Coast Air Quality
Management District ("SCAQMD'), and California Air Resources Board (CARB).
o
Page 2 of 3
Any licenses commensurate with STATE (STATE WATER RESOURCES CONTROL BOARD,
CALIFORNIA CONTRACTORS STATE LICENSE BOARD) requirements for all work under this
section, including, but not necessarily limited to any of the following:
D-40 (C-61 Limited Specialty) Service Station Equipment and Maintenance Contractor'
A service station mointenrrnce contractor installs, repoh s, maintains or calibrates monitnrinr1 equipment lot-
trrrder-ground focal star rrge tanks up to 20,000 gallons ,vh,ch have been or are to be used for dispensinq
gasoline, diesel Eitel, waste oil or keroserue (no chemiculsi. This int:lodes the installuuon of vupor probes in
buck fill areas of the tanks and rrny assobwfrrf rolibrutimi work, includiorl but not linrrted to the tasting and
adjustrrrent of leak detection and vapor recovery equipment, such os out ornutic tank youge.s, feok line
detertor.s, vopor recovery lines, and in -station diagnostics.
(Vote for Those Holding a License with this Classification issued Prior to January 18, 2001: You moy
perform all the work cis described above, us well as inst all and; 'or rerrrove the ondergr'ound hrel storage
tanks themselves, including the installation crud/or removal of oll incidental tank related piping and
electrical work, and the installotion of auto hoisting equipment, grease racks, compressors, uir hoses, rrt iy!
otherservire station equipment.
Regarding the following CSLB Classifications and the CA State Water Resources Control Board
A, C-10, C-34, C-36, C -61(D40) )
https://www. waterboarrls. ca. gov/ust/docs/lic req work usts 061717.pd
Health & Saf. Code Ch. 6.7 and the UST Regulations require individuals or companies performing
work on USTs to possess a Tank Tester License issued by the State Water Board, or a current
license issued by the CSLB. Specifically, the current list of permissible contractor licenses set forth
in Health and Saf. Code Ch. 6.7, section 25284.1(a)(5)(D)(ii) and UST Regulations, section
2715(1) include the General Engineering Contractor (Class A), and specialty contractors C-10
Electrical Contractor, C-34 Pipeline Contractor. C-36 Plumbing Contractor, and C -61(D40) Limited
Specialty. However, section 7059 of the Bus. & Prof. Code Ch. 9. Art. 4 prohibits specialty
contractors (Class C licenses) from working in a classification unless they are licensed in that
classification. or that work is incidental and supplemental to the work for which a specialty
contractor is licensed. CSLB defines "incidental and supplemental" as work that is essential to the
specialty of the contractor's license rather than the specialty of the project itself. (Contractor
Classification Regulations, §§ 830 & 831.) Contractors must ensure the work they are performing
on USTs meets the contractor license description as defined by the CSLB.
https://www.waterboards.ca.govlust/regulatory/docs/hsc 6 7 01 2019.pdf
Health and Saf. Code Ch. 6.7, section 25284.1(a)(5)(D)(ii)
On and after January 1, 2002, no person shall install, repair, maintain, or calibrate
monitoring equipment for an underground storage tank unless that person satisfies both of
the following requirements: (i) The person has fulfilled training standards identified by the
board in regulations adopted pursuant to this section. (ii) The person possesses a tank
testing license issued by the board pursuant to Section 25284.4, or a Class "A" General
Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline
Contractor License, C-36 Plumbing Contractor License, or C-61 (1340) Limited Specialty
Service Station Equipment and Maintenance Contractor License issued by the
Contractors' State License Board.
8-51
Page 3 of 3
License/Certification Information:
Contractor, Contractor's Employees and Contractor's Subcontractors shall provide copies
of valid licenses and certificates for testing and repair of Monitoring systems, Tank and
Piping systems, Dispensers, and related Equipment, including but not limited to (Veeder
Root) Monitoring Equipment, Secondary Containment (SB989), Vapor Recovery,
Contractor License, etc. for each employee and/or subcontractor and their employees
who may be on the job site.
For the selected Contractor, all licenses and certificates shall be kept up to date and
current during the entire duration of the contract and must be presented upon request by
any Federal, State, or Local Official. No Contractor, Contractor's Employees and
Contractor Subcontractors shall perform work on Equipment for Sites that require such
licenses or certificates without said license/certificate being current and valid.
At the start of work and until completion of the contract, the Contractor (and all
subcontractors) shall possess a valid Business License as required and issued by the City.
Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may
not be considered unless this signed Addendum No. 2 is attached.
I have carefully examined this Addendum and have
included full payment in my Proposal.
PGF no,n du `1 Pr" O
Bidder's Name (PleasePrint)
q 1 Zo /1021
Date 1
Authorized Si at re & Title
8-52
City of Newport Beach
UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED
OPERATOR & MAINTENANCE REPAIR SERVICES
Contract No. 7223-1
INFORMATION REQUIRED OF BIDDER
Bidder certifies under penalty of perjury under the laws of the State of California that the
following information is true and correct:
Name of individual Contractor, Company or Corporation: prdv�a "r�S'j'J^q ��' ��-•
Business Address: t161 STW-,k
Telephone and Fax Number: b l g - 6'q f - 0600 A"t . 6 0 - bS l - Q o 4I
California State Contractor's License No. and Class: �663�(� �A, Gio - i✓61 p�ta� t1A2
(REQUIRED AT TIME OF BID)
Original Date Issued: 101l� 2-9 _ Expiration Date: kD 13' (Zo Lt
List the name and title/position of the person(s) who inspected for your firm the site of the
work proposed in these contract documents:
The following are the names, titles, addresses, and phone numbers of all individuals, firm
members, partners, joint ventures, and company or corporate officers having a principal
interest in this proposal:
Name Title
Address
Telephone
A&DWo F. 4y'.4op prr-f- eml �a Cwt dr[K (j¢ 41411 bl�-611-asw
kyAklupt VGrofl- Se r4" $6X C rboa rat S. 4k b�Jf�r CA g191w bid-6q,-�
P,yo VGo6d��a V••ce, A-mMa--r T61S 1,toej Il'illa W -l9/ -o600
�L/yiRa o
%(z--Aq- t2nell" IVII.1-� db > fbl'b,10 6" VAA CAI (K &M- P1 (-06"
Corporation organized under the laws of the State of C4t-i FUM1'A
19
8-53
The dates of any voluntary or involuntary bankruptcy judgments against any principal
having an interest in this proposal are as follows:
tj /A
All company, corporate, or fictitious business names used by any principal having interest
in this proposal are as follows:
ertl,VI D W l GAJ AI1O
For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been
involved in with public agencies in the past five years (Attach additional Sheets if
necessary) provide:
Provide the names, addresses and telephone numbers of the parties;
NIA
Briefly summarize the parties' claims and defenses;
# /A
Have you ever had a contract terminated by the owner/agency? If so, explain.
o.
Have you ever failed to complete a project? If so, explain.
/Vo.
For any projects you have been involved with in the last 5 years, did you have any claims
or actions by any outside agency or individual for labor com fiance (i.e. failure to pay
prevailing wage, falsifying certified payrolls, etc.)? Yes 1Q10
20
Are any claims or actions unresolved or outstanding? Yes &
If yes to any of the above, explain. (Attach additional sheets, if necessary)
N /A
Failure of the bidder to provide ALL requested information in a complete and accurate
manner may be considered non-responsive.
C-aul. Tisi^n Cy - IV\ ( .
Bidder
t—einanala VLr01v40
(Print name of Owner or President
of Corporation/Comp
Authorized Sig ure itle
Title
40Z_
Date
On before me, "DGv' d NA d Kaley , Notary Public, personally appeared
n cce who proved to me on the basis of
satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that
by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s)
acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
(SEAL)
No�Public in and for said State
My Commission Expires: ( 3
21
DAVID MORALES
commission No. 2274297 i
CL
NOTARY PUBLIC - CALIFORNIA v
SAN DIEGO COUNTY y
Canmissm Expires January 5, 2023 2i
8-55
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of ($ ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
the annual Agreement price, payable by the City of Newport Beach under the terms of
the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
Verdugo Testing Co., Inc. Page D-1 8-56
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Verdugo Testing Co., Inc. Page D-2 8-57
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Verdugo Testing Co., Inc. Page D-3 8-58
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
($ ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
the annual Agreement price, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Verdugo Testing Co., Inc. Page E-1
•
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
in
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Verdugo Testing Co., Inc. Page E-2
i•O
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Verdugo Testing Co., Inc. Page E-3 8-61
*:1:11-Ik29
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars and 00/100 ($ ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
Verdugo Testing Co., Inc. Page F-1 8-62
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Verdugo Testing Co., Inc. Page F-2 8-63
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
(seal)
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Verdugo Testing Co., Inc. Page F-3 8-64
EXHIBIT G
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $
, being at the
thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to
hereinafter designated as the "Principal," an agreement for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity with
the Agreement on file with the office of the City Clerk of the City of Newport Beach, which
is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
transact business under the laws of the State of California as
duly authorized to
Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
Dollars and 00/100 ($ .00)
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), of the Agreement, to be paid to the City of Newport Beach, its
successors, and assigns; for which payment well and truly to be made, we bind ourselves,
our heirs, executors and administrators, successors, or assigns, jointly and severally,
firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
Verdugo Testing Co., Inc. Page G-1
H-1 mo
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
notice of any such change, extension of time, alterations or additions of the Agreement
or to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the
Project by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under
this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Verdugo Testing Co., Inc. Page G-2
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who
signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity
of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Verdugo Testing Co., Inc. Page G-3 8-67
EXHIBIT H
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coveraqe Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than two million dollars ($2,000,000) per
occurrence, four million dollars ($4,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
Verdugo Testing Co., Inc. Page H-1 s -ss
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. Contractor shall maintain a policy providing
contractor's pollution liability ("CPL") coverage with a total limit of liability of
no less than one million dollars ($1,000,000) per loss and two million dollars
($2,000,000) in the aggregate per policy period. Claims -made policies
require a 5 -year extended reporting period. The CPL policy shall include
coverage for cleanup costs, third -party bodily injury and property damage,
including loss of use of damaged property or of property that has not been
physically injured or destroyed, resulting from pollution conditions caused
by contracting operations. Coverage as required in this paragraph shall
apply to sudden and non -sudden pollution conditions resulting from the
escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals,
liquids, or gases, waste materials, or other irritants, contaminants, or
pollutants. The CPL shall also provide coverage for transportation and off -
Site disposal of materials. The policy shall not contain any provision or
exclusion (including any so-called "insured versus insured" exclusion or
"cross -liability" exclusion) the effect of which would be to prevent, bar, or
otherwise preclude any insured or additional insured under the policy from
making a claim which would otherwise be covered by such policy on the
grounds that the claim is brought by an insured or additional insured against
an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
Verdugo Testing Co., Inc. Page H-2 8-69
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
Verdugo Testing Co., Inc. Page H-3 8-70
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self-insured Retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Verdugo Testing Co., Inc. Page H-4 8-71