CONTRACT 4480 Maintenance and Repair Agreement CLOSED Agreement No. 4480
MAINTENANCE AGREEMENT
BETWEEN
THE CITY OF EL SEGUNDO AND
DOWNSTREAM SERVICES, INC.
THIS MAINTENANCE AGREEMENT ("Agreement") is made and entered into this 18th day of
September, 2013, by and between the CITY OF EL SEGUNDO, a general law city and
municipal corporation ("CITY") and DOWNSTREAM SERVICES INC., a California
Corporation ("CONTRACTOR").
The Parties agree as follows:
1. CONSIDERATION.
A. As partial consideration, CONTRACTOR agrees to perform the work listed in the
SCOPE OF SERVICES,below;
B. As additional consideration, CONTRACTOR and CITY agree to abide by the
terms and conditions contained in this Agreement;
C. As additional consideration, CITY agrees to pay CONTRACTOR for
CONTRACTOR's services not to exceed a total of Ninety Thousand dollars
($90,000) annually for the work. City will pay for work on the basis of the hourly
rates and cost reimbursement rates as specified in the attached Exhibit A, which is
incorporated by reference.
2. TERM. The term of this Agreement will be from August 16th, 2013 to August l 5th, 2018.
The Agreement may be renewed upon mutual consent of the parties.
3. SCOPE OF SERVICES.
A. CONTRACTOR will perform services listed in the attached Exhibit A.
B. CONTRACTOR will, in a workmanlike manner, furnish all of the labor,
technical, administrative,professional and other personnel, all supplies and
materials, equipment,printing, vehicles, transportation, office space and facilities,
and all tests, testing and analyses, calculation, and all other means whatsoever,
except as herein otherwise expressly specified to be furnished by CITY, necessary
or proper to perform and complete the work and provide the professional services
required of CONTRACTOR by this Agreement.
4. PREVAILING WAGES.
A. Pursuant to Labor Code § 1720, and as specified in 8 California Code of
Regulations § 16000, CONTRACTOR must pay its workers prevailing wages. It
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Agreement No. 4480
is CONTRACTOR's responsibility to interpret and implement any prevailing
wage requirements and CONTRACTOR agrees to pay any penalty or civil
damages resulting from a violation of the prevailing wage laws.
B. In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem
wages are available upon request from CITY's Engineering Division or the
website for State of California Prevailing wage determination at
http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the
prevailing rate of per diem wages at the job site.
C. CITY directs CONTRACTOR's attention to Labor Code §§ 1777.5, 1777.6 and
3098 concerning the employment of apprentices by CONTRACTOR or any
subcontractor.
D. Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing
tradesmen in any apprenticeship occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate
must also fix the ratio of apprentices to journeymen that will be used in the
performance of the contract. The ratio of apprentices to journeymen in such cases
will not be less than one to five except:
i. When employment in the area of coverage by the joint apprenticeship
committee has exceeded an average of 15 percent in the 90 days before the
request for certificate, or
ii. When the number of apprentices in training in the area exceeds a ratio of
one to five, or
iii. When the trade can show that it is replacing at least 1/30 of its
membership through apprenticeship training on an annual basis state-wide
or locally, or
iv. When CONTRACTOR provides evidence that CONTRACTOR employs
registered apprentices on all of his contracts on an annual average of not
less than one apprentice to eight journeymen.
V. CONTRACTOR is required to make contributions to funds established for
the administration of apprenticeship programs if CONTRACTOR employs
registered apprentices or journeymen in any apprenticeable trade on such
contracts and if other contractors on the public works site are making such
contributions.
vi. CONTRACTOR and any subcontractor must comply with Labor Code §§
1777.5 and 1777.6 in the employment of apprentices.
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Agreement No. 4480
vii. Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations,
ex-officio the Administrator of Apprenticeship, San Francisco, California,
or from the Division of Apprenticeship Standards and its branch offices.
E. CONTRACTOR and its subcontractors must keep an accurate certified payroll
records showing the name, occupation, and the actual per diem wages paid to
each worker employed in connection with this Agreement. The record will be
kept open at all reasonable hours to the inspection of the body awarding the
contract and to the Division of Labor Law Enforcement. If requested by CITY,
CONTRACTOR must provide copies of the records at its cost.
5. FAMILIARITY WITH WORK.
A. By executing this Agreement, CONTRACTOR represents that CONTRACTOR
has
i. Thoroughly investigated and considered the scope of services to be
performed;
ii. Carefully considered how the services should be performed; and
iii. Understands the facilities, difficulties, and restrictions attending
performance of the services under this Agreement.
B. If services involve work upon any site, CONTRACTOR warrants that
CONTRACTOR has or will investigate the site and is or will be fully acquainted
with the conditions there existing,before commencing the services hereunder.
Should CONTRACTOR discover any latent or unknown conditions that may
materially affect the performance of the services, CONTRACTOR will
immediately inform CITY of such fact and will not proceed except at
CONTRACTOR's own risk until written instructions are received from CITY.
6. INSURANCE.
A. Before commencing performance under this Agreement, and at all other times this
Agreement is effective, CONTRACTOR will procure and maintain the following
types of insurance with coverage limits complying, at a minimum, with the limits
set forth below:
Type of Insurance Limits (combined single)
Commercial general liability: $2,000,000
Business automobile liability $1,000,000
Workers compensation Statutory requirement.
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Agreement No. 4480
B. Commercial general liability insurance will meet or exceed the requirements of
ISO-CGL Form No. CG 00 01 11 85 or 88. The amount of insurance set forth
above will be a combined single limit per occurrence for bodily injury, personal
injury, and property damage for the policy coverage. Liability policies will be
endorsed to name City, its officials, and employees as "additional insureds" under
said insurance coverage and to state that such insurance will be deemed"primary"
such that any other insurance that may be carried by City will be excess thereto.
Such insurance will be on an "occurrence," not a "claims made," basis and will
not be cancelable or subject to reduction except upon thirty (30) days prior
written notice to City.
C. Automobile coverage will be written on ISO Business Auto Coverage Form CA
00 01 06 92, including symbol 1 (Any Auto).
D. CONTRACTOR will furnish to City duly authenticated Certificates of Insurance
evidencing maintenance of the insurance required under this Agreement,
endorsements as required herein, and such other evidence of insurance or copies
of policies as may be reasonably required by City from time to time. Insurance
must be placed with insurers with a current A.M. Best Company Rating
equivalent to at least a Rating of "A:VII." Certificate(s) must reflect that the
insurer will provide thirty (30) day notice of any cancellation of coverage.
CONTRACTOR will require its insurer to modify such certificates to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, and to delete the word"endeavor"with regard
to any notice provisions.
E. Should CONTRACTOR, for any reason, fail to obtain and maintain the insurance
required by this Agreement, City may obtain such coverage at CONTRACTOR's
expense and deduct the cost of such insurance from payments due to
CONTRACTOR under this Agreement or terminate.
7. TIME FOR PERFORMANCE. CONTRACTOR will not perform any work under this
Agreement until:
A. CONTRACTOR furnishes proof of insurance as required under Section 6 of this
Agreement; and
B. CITY gives CONTRACTOR a written Notice to Proceed.
C. Should CONTRACTOR begin work in advance of receiving written authorization
to proceed, any such professional services are at CONTRACTOR's own risk.
8. TERMINATION.
A. Except as otherwise provided, CITY may terminate this Agreement at any time
with or without cause. Notice of termination will be in writing.
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Agreement No. 4480
B. CONTRACTOR may terminate this Agreement upon providing written notice to
CITY at least thirty (30) days before the effective termination date.
C. Should the Agreement be terminated pursuant to this Section, CITY may procure
on its own terms services similar to those terminated.
D. By executing this document, CONTRACTOR waives any and all claims for
damages that might otherwise arise from CITY's termination under this Section.
INDEMNIFICATION.
A. CONTRACTOR indemnifies and holds CITY harmless from and against any
claim, action, damages, costs (including,without limitation, reasonable
attorney's fees and penalties), injuries, or liability, arising out of this
Agreement, or its performance including,without limitation, damages or
penalties arising from CONTRACTOR's removal, remediation, response or
other plan concerning any Hazardous Waste resulting in the release of any
hazardous substance into the environment, except for such loss or damage
arising from CITY's sole negligence or willful misconduct. Should CITY be
named in any suit, or should any claim be brought against it by suit or
otherwise,whether the same be groundless or not, arising out of this
Agreement, or its performance, CONTRACTOR will defend CITY (at
CITY's request and with counsel satisfactory to CITY) and will indemnify
CITY for any judgment rendered against it or any sums paid out in
settlement or otherwise.
B. For purposes of this section"CITY" includes CITY's officers, officials,
employees, agents, representatives, and volunteers.
C. CONTRACTOR expressly agrees that this release, waiver, and indemnity
agreement is intended to be as broad and inclusive as is permitted by the law of
the State of California and that if any portion is held invalid, it is agreed that the
balance will, notwithstanding, continue in full legal force and effect.
D, It is expressly understood and agreed that the foregoing provisions will survive
termination of this Agreement.
E. The requirements as to the types and limits of insurance coverage to be
maintained by CONTRACTOR as required by this Agreement, and any approval
of said insurance by CITY, are not intended to and will not in any manner limit or
qualify the liabilities and obligations otherwise assumed by CONTRACTOR
pursuant to this Agreement, including, without limitation, to the provisions
concerning indemnification.
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Agreement No. 4480
9. INDEPENDENT CONTRACTOR. CITY and CONTRACTOR agree that
CONTRACTOR will act as an independent contractor and will have control of all work and the
manner in which is it performed. CONTRACTOR will be free to contract for similar service to
be performed for other employers while under contract with CITY. CONTRACTOR is not an
agent or employee of CITY and is not entitled to participate in any pension plan, insurance,
bonus or similar benefits CITY provides for its employees. Any provision in this Agreement
that may appear to give CITY the right to direct CONTRACTOR as to the details of doing the
work or to exercise a measure of control over the work means that CONTRACTOR will follow
the direction of the CITY as to end results of the work only.
10. NOTICES.
A. All notices given or required to be given pursuant to this Agreement will be in
writing and may be given by personal delivery or by mail. Notice sent by mail
will be addressed as follows:
To CITY: Attn: Lifan Xu
City of El Segundo
Public Works
350 Main Street
El Segundo, CA 90245
To CONTRACTOR:
Attn: Wilma Roberts
Downstream Services, Inc.
2855 Progress Place
Escondido, CA 92029
B,. When addressed in accordance with this paragraph, notices will be deemed given
upon deposit in the United States mail, postage prepaid. In all other instances,
notices will be deemed given at the time of actual delivery.
C. Changes may be made in the names or addresses of persons to whom notices are
to be given by giving notice in the manner prescribed in this paragraph.
11. TAXPAYER IDENTIFICATION NUMBER. CONTRACTOR will provide CITY with a
Taxpayer Identification Number.
12. WAIVER. A waiver by CITY of any breach of any term, covenant, or condition contained
in this Agreement will not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained in this Agreement, whether of the same or different
character.
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Agreement No. 4480
13. CONSTRUCTION. The language of each part of this Agreement will be construed simply
and according to its fair meaning, and this Agreement will never be construed either for or
against either party.
14. SEVERABLE. If any portion of this Agreement is declared by a court of competent
jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the
extent necessary in the opinion of the court to render such portion enforceable and, as so
modified, such portion and the balance of this Agreement will continue in full force and effect.
15. CAPTIONS. The captions of the paragraphs of this Agreement are for convenience of
reference only and will not affect the interpretation of this Agreement.
16. WAIVER. Waiver of any provision of this Agreement will not be deemed to constitute a
waiver of any other provision, nor will such waiver constitute a continuing waiver.
17. INTERPRETATION. This Agreement was drafted in, and will be construed in accordance
with the laws of the State of California, and exclusive venue for any action involving this
agreement will be in Los Angeles County.
18. AUTHORITY/MODIFICATION. This Agreement may be subject to and conditioned
upon approval and ratification by the El Segundo City Council. This Agreement is not binding
upon CITY until executed by the City Manager. The Parties represent and warrant that all
necessary action has been taken by the Parties to authorize the undersigned to execute this
Agreement and to engage in the actions described herein. This Agreement may be modified by
written agreement. CITY's city manager may execute any such amendment on behalf of CITY.
19. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Agreement,
agreements ancillary to this Agreement, and related documents to be entered into in connection
with this Agreement will be considered signed when the signature of a party is delivered by
facsimile transmission. Such facsimile signature will be treated in all respects as having the
same effect as an original signature.
20. EFFECT OF CONFLICT. In the event of any conflict,inconsistency, or incongruity
between any provision of this Agreement, its attachments,the purchase order, or notice to
proceed,the provisions of this Agreement will govern and control.
21. FORCE MAJEURE. Should performance of this Agreement be prevented due to fire, flood,
explosion, war, terrorist act, embargo, government action, civil or military authority, the natural
elements, or other similar causes beyond the Parties' control, then the Agreement will
immediately terminate without obligation of either party to the other.
22. ENTIRE AGREEMENT. This Agreement and its one attachment constitutes the sole
agreement between CONTRACTOR and CITY respecting lead based stabilization. To the
extent that there are additional terms and conditions contained in Exhibit "A" that are not in
conflict with this Agreement, those terms are incorporated as if fully set forth above. There are
no other understandings, terms or other agreements expressed or implied, oral or written.
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Agreement No. 4480
IN WITNESS WHEREOF the parties hereto have executed this contract the day and year
first hereinabove written.
CITY OF EL SEGUNDO DownSteam Services, INC.
Itral la�v "ly.pet er, Wilma Roberts
ager President
ATTEST:
Secretary Wilma Roberts
Taxpayer ID No. .
Tt cy � ve3�,
C ty Clel
APPROVED AS TO FORM:
MARK D. 11EN� LEY, City Attorney w,
Karl IL, Berger, Assistant City At rneyw
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Agreement No. 4480
EXHIBIT A
SECTION 1: GENERAL SCOPE AND LOCATIONS OF WORK
Proiect Description:
This project is being proposed to support the City's Wastewater Division to ensure smooth
operations of the City's twelve (12)wastewater and storm water pump stations by
providing semi-annual monitoring,maintenance and repairs (as-needed), as well as being
available for on-call emergency servicing. The on-call emergency servicing also covers the
Water Division's booster pump station.
Proiect Locations:
The project consists of providing monitoring and control of twelve (12) wastewater pump
stations in the City of El Segundo as described below.
1. Sewer Pump Station #1. 625 Acacia Avenue: Duplex Pump Station with Controls;
a. 2 main pumps (dry well)
b. 1 sump pump (dry well)
2. Sewer Pump Station #2. 327 East Franklin Avenue: Duplex Pump Station w/Controls
a. 2-main pumps (dry well)
b. 1-sump pump (dry well)
3. Sewer Pump Station #4. 1501 East Holly Avenue: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
4. Sewer Pump Station#5. 737 Center Street: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
5. Sewer Pump Station#6. 1465 East Palm Avenue: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
6. Sewer Pump Station#7. 642 Virginia Street: Duplex Pump Station w/Controls
Exhibit A-1
Agreement No. 4480
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
7. Sewer Pump Station#8. 219 Center Street: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
8. Sewer Pump Station #9. 101 Kansas Street: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
9. Sewer Pump Station#13. 1901 East Grand Avenue: Duplex Pump Station w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (dry well)
10. Stormwater Pump Station#14. 630 South Douglas Street: Duplex Pump Station
w/Controls
a. 2-main pump (wet well)
11. Stormwater Pump Station#16. 408 Eucalyptus Drive: Duplex Pump Station
w/Controls
a. 2-main pump (dry well)
b. 1-sump pump (wet well)
12. Stormwater Pump Station#17. 1015 East Imperial Avenue: Triplex Pump Station
w/Controls
a. 3-main pump (dry well)
b. 1-sump pump (wet well)
Scope Of Work
1) Semi-Annual Maintenance Service:
The Contractor must perform semi-annual maintenance service in April and October for all
the twelve pump stations. City may amend above schedule if it is in conflict with City's
immediate operational priorities. All routine and normal maintenance must be scheduled
three days in advance with the Wastewater Supervisor. Terms of payment are as set forth
Exhibit A-2
Agreement No. 4480
in the Fee Schedule of section 2.
The basic elements of each semi-annual service at each pump station are to include the
following at a minimum:
Motors—for each main pump motor check the following:
a. Voltage to Ground, running
b. Voltage Phase to Phase, running
c. Amperes, running
d. Megger to Ground,
e. Megger Between Windings
f. Lubricate bearings (if required).
Pumps (Main and Sump)
a. Adjust Packing
b. Inspect Couplings
c. Check Coupling Alignment
d. Grease Bearings (if required).
e. Exercise Pump Isolation Valves
Sump Pump(s),Vent Fan Motors
For each sump pump or fan motor check the following:
a. Voltage to Ground, running
b. Voltage Phase to Phase,running
c. Amperes, running
d. Lubricate Bearings (if required).
Wetwell -
a. Bubbler Tube secured to Wall
b. Float Switches Secure &Not Excessively Coated w/Debris. Clean and
free/detangle as necessary, if easily accessible.
c. Visually Inspect For Deficiencies
Dry Pit
a. Check Pump and Motor Bolts
b. Check to see that the Pump Casing, Vent Pipe, Valves are Open
c. Test Sump Pump Operation (capable of dewatering sump).
d. Verify Correct Pump Rotation
e. Visually Inspect For Leaks & Deficiencies
Control Panel
a. Tighten all terminal lugs
b. Test operation of all circuit breaker operators
c. Check power supply voltage
d. Test induction relays
e. Test ground fault receptacles
f. Test heater block
Exhibit A-3
Agreement No. 4480
g. Running time meters working
h. All indicator lights working
i. Proper connection of motor cables
j. Check Voltage to Motor
k. Check Motor Amperage
1. Test pressure switch,manometer, float switch settings & adjust if necessary
m. Test air pumps
n. Inspect Relay and Starter Contacts
o. Test Automatic Operation of Controls
p. Clean Inside Control Panel
Documentation & Reports
A written report following each semi-annual inspection of the above noted facilities must
be submitted to the owners documenting at a minimum:
A. Results of all operational checks for the components covered.
B. A summary of all discrepancies not corrected at the time of service and requiring the
owner's attention.
Contractor must submit documentation to the Wastewater Division within ten (10) calendar
days of the work being performed. Payment for services will not be processed until
documentation of the work is received. Documentation must be transmitted to:
City of El Segundo Wastewater Division
Public Works Department
Attn: Wastewater Supervisor
150 Illinois Street
El Segundo, CA 90245
2) On-Call Repair Services
At the option of the City, repair services are to be used if necessary to maintain a complete
working pump station. Terms of payment are as set forth in the Fee Schedule of Section 2.
Important Note: If the cost of repair and or parts exceeds $1000.00 contractor must
obtain a written authorization from the City before commencing any work.
Extended Warranty: The Contractor warrants that any parts installed by the Contractor
will be warranted for 1 year except as may be further warranted by the manufacturer.
Exhibit A-4
Agreement No. 4480
SECTION 2: FEE SCHEDULE
Semi-Annual Service
Year 1 and 2
One service call at all (12) twelve stations per six months $6,500.00 /Each Time
Year 3 and 4
One service call at all (12) twelve stations per six months $6,750.00 /Each Time
Year 5
One service call at all (12) twelve stations per six months $7,000.00 /Each Time
On-Call Repair Service
The On-Call Repair Service is done on time and material basis.
The following is a list of equipment which may be necessary for this project. All
equipment and personnel is scheduled for a FOUR(4) HOUR MINIMUM. Any
additional time required on the project beyond the four hour minimum will be charged at
the quoted rate. Hours over eight per day are paid at overtime rates (regular rate as listed
plus 35%) and hours over twelve (12)per day are paid at double time rates (regular rate as
listed plus 50%). Overtime and double time rates also apply to weekend work.
These rates are based on State Prevailing Wages.
O erated and Maintained E ui i,cut with O erator:
Equipment with Operator Year 1 &2 Year 3 &4 Year 5 Rate
Rate Rate
1. Camel 9cy Combo Jet/Vacuum $244/hour $254/hour $264/hour
Truck
2. DSI Mini Vacuum on Flat Bed $180/hour $187/hour $195/hour
ruck, Truck#5971
3. Super Jet Vacuum, 150 Gallons $269/hour $280/hour $291/hour
er Minute, Truck#95
4. DSI Skid Vac (Fills 55 Gallon $169/hour $176/hour $183/hour
Drum), Truck#6509
5, Camel 5 Yard Combo Jet/Vac $231/hour $240/hour $250/hour
ruck, Truck#5950
6. CCTV Inspection Truck $231/hour $240/hour $250/hour
7. PC 228 Excavator 50,0001b $194/hour $202/hour $210/hour
8. PC 120 Excavator 27,0001b $163/hour $170/hour $176/hour
9, WA 250 Wheel Loader 3cy $156/hour $162/hour $169/hour
Case 590-L 4 x 4 Backhoe $138/hour $144/hour $149/hour
10,
Water Truck(2500 gallons) $131/hour $136/hour $142/hour
11,
Exhibit A-5
Agreement No. 4480
_.............................................
3 Axle Roll-Off Truck $144/hour $150/hour $156/hour
12.
2 Axle "Flatbed" 3 Ton $13 8/hour $144/hour $149/hour
13 Knuckle Boom Crane, Truck
5066
3 Axle "Flatbed" 17 Ton $1,500/day $1560/day $1622/day
14.Hydraulic Crane, Truck#5062
Traffic Control Truck with $156/hour $162/hour $169/hour
15.Arrow Board& 1 Technician
H(Includes 6 Signs and Cones)
4 Axle Pumper Truck 4,500 $180/hour $187/hour $195/hour
16,Gallon, Truck#5061
Bucket Cleaning Machine $450/hour $468/hour $487/hour
17„ Pairl (3-Man Crew)
Pull-Plate System [ (3-Man $450/hour $468/hour $487/hour
18 rew)
Non-Operated Equipment:
Equipment Year 1 &2 Year 3 &4 Year 5 Rate
Rate Rate
19„ 2” Submersible Pump $75/day $78/day $81/day
4" Trash Pump $100/day $104/day $108/day
0.
Hydraulic Pump 4"with Power Unit $425/day $442/day $460/day
21
Hydraulic Pump 6"with Power Unit $525/day $546/day $568/day
6"Bypass Trailer System with Vacuum $750/day $780/day $811/day
22.assist Pump
Non-Operated Equipment Continued:
Equipment Year 1 & 2 ear 3 &4 Year 5 Rate
Rate Rate
23, Hoses—Examples =2"x $0.25 = $0.25/inch $0.26/inch $0.27/inch
$0.50/foot/day foot/day foot/day foot/day
4. 16 cy Dewatering Bin $70.00/day $73/day $76/day
25. 5,000 gallon Rinse Tank $30.00/day $31/day $32/day
26. P
ickup Truck $12.00/hour $12.50/hour $13/hour
27. Tamper/Compactor $125/day $130/day $135/Day
28. Self—Contained Breathing Apparatus $28/hour $29/hour $30/hour
(SCBA) Equipment
Exhibit A-6
Agreement No. 4480
Labor
Title Year 1 &2 Year 3 &4 Year 5 Rate
Rate Rate
29, Proiect Manager $145/hour $151/hour $157/hour
30. Supervisor $128/hour $133/hour $138/hour
31. Foreman and Crew Truck $120/hour $125/hour $130/hour
32. Instrumentation Technician (includes $120/hour $125/hour $130/hour
service vehicle and test equipment)
33. Equipment Operator $106/hour $110/hour $115/hour
34. Oiler $94/hour $98/hour $102/hour
35. Pipe Laver _ $91/hour $95/hour $98/hour
36. Assistant $86/hour $89/hour $93/hour
37. 1 Traffic Control Technician $77/hour $80/hour $83/hour
-There are no travel fees for projects within a 35 mile radius of the office of
DownStream Services, Inc. For projects beyond 35 miles, the following rates for operated
and maintained equipment will apply to and from the office: A rate of$130/hour will apply
for items 1, 2, 3, 4, 5 and 6. $105/hour for items 11, 12, 14 and 16. $78/hour for items 13
and 15. These rates include the operator. Delivery charges will apply to all heavy
equipment,bins,tanks, transports and specialty equipment. Prices will be quoted on a per
project basis. Travel for support vehicles and employees apply at$68/hour and each
additional employee in the same vehicle at $52/hour.
• Per Diem charges of$130.00/day per man may apply and will be charged to cover
overnight stays.
• All managed extra work will be billed at time and materials plus 20%
overhead.
• Confined Space Entry (Permit or Non-Permit)—Equipment Service Charge
$475.00 /per day.
Additional charges will apply for additional personnel if Confined Space Entry (CSE) is
required
• SCBA Equipment Services Charge for Refill and Re-certification: $150 per
day/per unit.
• Emergency Response Call-Out- $265.00 Fee (per responder call out):
Emergency Response is considered a spill response and shall be charged at an increase of
35% of the above rates, plus 20% overhead on cost of materials and/or outside
subcontractors and equipment rental.
• Cancellation/Assumptions/Exclusions, or Terms and Conditions: DSI requires a 12
hour cancellation notice. Any cancellations received less than 12 hours will result in a
$350.00 cancellation fee. Cancellation of a project within 2 hours of onsite time, a 4 hour
minimum will be charged for the crew at the listed rate.
Exhibit A-7
Agreement No. 4480
Issued in Duplicate
LABOR AND MATERIALS BOND
PUMP STATIONS MAINTENANCE, ON-CALL EMERGENCY REPAIR
SPECIFICATIONS NO.: PW 13-12
Bond No. 58707276
Bond Fee: $1,193.00
Downstream Services, Inc. _+ as principal
("PRINCIPAL") and Western Surety Company _ , a corporation
incorporated under the laws of the State of South Dakota and licensed by the State of
California to execute bonds and undertakings as sole surety, as surety ("SURETY"), are held and
firmly bound unto the CITY OF EL SEGUNDO ("CITY") in the sum of
Ninety Thousand and 00/100-------___ ($90,000.00----) dollars, which is a minimum one hundred
percent (100%) of the contract, lawful money of the United States, which may be increased or
decreased by a rider hereto executed in the same manner as this bond,for the payment of which sum
PRINCIPAL and SURETY bind themselves,their successors,and assigns,jointly and severally,by
this instrument.
This bond is conditioned upon and guarantees payment by PRINCIPAL to contractors,
subcontractors, and persons renting equipment; payment by PRINCIPAL and all PRINCIPAL'S
subcontractors for all materials, provisions, provender, or other supplies, and equipment used in,
upon, for or about the performance of the work contemplated in PUMP STATIONS
MAINTENANCE, ON-CALL EMERGENCY REPAIR, SPECIFICATIONS NO. PW 13-12
("Public Project"), the public works contract executed for such Public Project, and for all work or
labor of any kind performed for the Public Project. In the case of any default in the performance of
the conditions and stipulations of this undertaking, it is agreed that PRINCIPAL or SURETY will
apply the bond or any portion thereof,to the satisfaction of any damages,reclamation,assessments,
penalties, or deficiencies arising by reason of such default.
BOND CONDITIONS
1. PRINCIPAL will construct the public improvements identified in
SPECIFICATIONS NO. PW 13-12, and the public works contract executed for such
Specifications, copies of which is on file with CITY's Engineering Division ("Public Project").
Such performance will be in accordance with CITY's plans and profiles(CITY DRAWING FILE
NO. ), which are made a part of this bond when said plans and profiles are approved by
the City Council and filed with CITY's Engineering Division.
2. PRINCIPAL will pay all contractors,subcontractors,and persons renting equipment.
3. PRINCIPAL will pay for all materials and other supplies,for equipment used in,on,
for or about the performance of the Public Project, and will pay for all work and labor thereon.
4. This bond is conditioned upon and guarantees due compliance with all applicable law
Specifications—Projecls\PW Labor Materials Bond (1/03) I-F-1
Agreement No. 4480
including, without limitation, the El Segundo Municipal Code ("SSMC"),
5. SURETY,for value received,agrees that no changes,extensions of time,alteration or
modification of SPECIFICATIONS NO. PW 13-12, or of the obligation to be performed will in
any way affect its obligation on this bond, and it waives notice of any such change, extension of
time, alteration or modification of the contract documents or of the obligation to be performed.
6. This bond consists of this instrument; the plans and specifications identified above;
and the following TWO (2) attached exhibits all of which are incorporated herein by reference:
A. A certified copy of the appointment, power of attorney, bylaws or other
instrument entitling or authorizing the persons executing this bond to do so; and
B. A certificate issued by the county clerk for the county in which SURETY's
representative is located conforming with California Code of Civil Procedure §
995.640 and stating that SURETY's certificate of authority has not been
surrendered, revoked, cancelled, annulled, or suspended, or in the event that it
has, that renewed authority has been granted.
7. Should PRINCIPAL perform its obligations within the time allowed,PRINCIPAL's
obligation will be void upon the acceptance of the performance by CITY; otherwise this obligation
will remain in full force and effect.
SIGNED AND SEALED this 13th day of September , 2013
Dow tr Tmb I �c. m Western Surety Company
1111 9 C. I 's 1 S1 :NT iRl "1° ' s p"1�1910M)r Jennifer L. Ciampert,
" Attorney-in-Fact
PRIN 111AI "s SE'CRE"'Oily SURE) "'s S�X1W R�' Charlotte Aquino,
/?� ; q c f Attorney-in-Fact
PRINCIPAL's MAILING ADDRESS: SURETY's MAILING ADDRESS:
Downstream Services, Inc. CNA Surety
...
2855 Progress Place 14554Frazee Road, Suite 801
Escondido, CAW 92029 .._ w_._ .... San Dieqo, CA 92108
NOTE: (1) ALL signatures must be acknowledged by a notary public.
Return two (2) originals to City Clerk's Office.
(2) Bond shall be effective for one (1) year after acceptance of the job.
LABOR AND MATERIALS BOND I-F-2(06127102) I-f-2
Agreement No. 4480
--—--------------- ........................ .......................
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
On qrp i q nn before me, Sarah Myers Notary Public,
.... ................—°______________________._m.__------ ----------
Date Insert Name of Notary exactly as it appears on the official seal
personally appeared Jennifer L. Clampert
Name(s)of Signer(s)
.......................... ...............
who proved to me mi the basis of satisfactory evidence to
be the personWb whose name(Q is/ft Subscribed to the
within instrument and acknowled e,d to me that Wshe/ftp
executed the same in AW/ authorized capacity(W,
SARAH MYERS and that by fl14/her/ffl##signatureq�6 on the instrument the
personN, or the entity upon behalf of which the person($b
Commission# 1958463 acted, executed the instrument.
Notary Public-California
Son Diego County I certify under PENALTY OF PERJURY under the laws of
M Cornim.Ex Ire%Nov 8,2015 the State of California that the foregoing paragraph is true
and correct.
Witness my hand and'–licial seal.
Signature
_
Place Notary Seal Above Signature of III iy Public Sarah Myers
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages: mmmmm ........._.......................
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:_ Signer's Name:
F1 Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer—Title(s):mwµ
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
9 Attorney in Fact RIGHTTHUMBPRINT ❑ Attorney in Fact RIGHTTHUMBPRINT
❑ Trustee • SIGNER ❑ Trustee OF SIGNER
❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of thumb here
F-1 Other: ❑ Other:
Signer is Representing: Signer is Representing:
-----------—
.am.. ................ .......
........................... .............
Agreement No. 4480
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
County of San Diego
On SEP 13 2013 before me, Lilia Robinson Notary Public,
....................................._ . __... _.........-_....... _— --------------------------------__—__.
Date
Insert Name of Notary exactly as it appears on the official seal
personally appeared Charlotte Aquino
��, ,.. ...... Name(s)ofSigner(s)
who proved to me on the basis of satisfactory evidence to
be the person(W whose name(## iSlift subscribed to the
within instrument and acknowledged to me that 'shelf##y
executed the same in k0her/W60 authorised capacity(NM,
,
b LIU ROBINSON and that by 016/her/ # signature(i on the instrument the
( s COMM.#1870129 c) person(M, or the entity upon behalf of which the person(##
" t NOTARY PUBLIC-CALIFORNIA H
SAN DIEGO COUNTY A acted, executed the instrument.
° "
My Comm"on#�xpires I certify under PENALTY OF PERJURY under the laws of
t NOV 1 1J N i X013 the State of California that the foregoing paw°a raph is true
and correct.
Witness my hand and official seal, `
f
Signature of Notary Public R
Place Notary Seal Above Signature OGnCln
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of the form to another document.
Description of Attached Document
Title or Type of Document:
Number of Pages:_
Document Date: 1-11-111111111111111-111.........................................................._.,,_..._______,_.....-. _. ......,....... . .. .........
Signer(s)Other Than Named Above:
Capacity(ies)Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer Title(s): ❑ Corporate Officer Title(s):
❑ Partner ❑Limited ❑General ❑ Partner ❑Limited❑ General
[� Attorney in Fact - I, HU I�l•• ❑ Attorney in Fact Ethumb❑ Trustee O S I•, ❑ Trustee❑ Guardian or Conservator Top of thumb here ❑ Guardian or Conservator Top of here
❑ Other: ❑ Other:
Signer is Representing: Signer is Representing:
Agreement No. 4480
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents,That WESTERN SURETY COMPANY,a South Dakota corporation,is a duly organized and existing corporation
having its principal office in the City of Sioux Falls,and State of South Dakota,and that it does by virtue of the signature and seal herein affixed hereby
make,constitute and appoint
Lawrence F Mc Mahon, James Baldassare Jr, Sarah Myers, Maria Guise, Lilia Robinson,
Charlotte Aquino,Jennifer L Clampert,Janice Martin,Individually
of San Diego, CA, its true and lawful Attorney(s)-in-Fact with Full power and authority hereby conferred to sign,seal and execute for and on its behalf
bonds,undertakings and other obligatory instruments of similar nature
-In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney,pursuant to the authority hereby given,are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof,duly adopted,as indicated,by
the shareholders of the corporation.
In Witness Whereof,WESTERN SURETY COMPANY has caused these presents to be signed by its Vice President and its corporate seal to be
hereto affixed on this 30th day of January,2013.
WESTERN SURETY COMPANY
a y cul T Bruflat,Vice President
State of South Dakota
ss
County of Minnehaha
On this 30th day of January,2013,before me personally came Paul T.Bruflat,to me known,who,being by me duly-sworn,did depose and say: that
he resides in the City of Sioux Falls,State of South Dakota; that he is the Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument;that he knows the seal of said corporation;that the seal affixed to the said instrument is such corporate seal;that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission expires #%
t$ J,MOHR
June 23,2015 Nt?TARy PUB1.10
lab
acttmrtu tr�atrrrrA ° a.
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J.Mohr,Notary Public
CERTIFICATE
I,L.Nelson,Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force,and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
y 13t y September 2013
m name and affixed the seal of the said corporation this da of,,�, p „V4*
WESTERN WESTERN SURETY COMPANY
c v q`
Cy.
L.Nelson,Assistant Secretary
Form F4280-7-2012
Agreeme �; 4480
vvv COUNTY OF SAN DIEGO j
Ernest J.Dronenburg, Jr. 4 r,
�,, '
ASSESSOR/RECORDER/COUNTY CLERK � : o co�
www.sdarec.com
ASSESSOR'S OFFICE RECORDER/COUNTY CLERK'S OFFICE
1600 PACIFIC HIGHWAY, SUITE 103 1600 PACIFIC HIGHWAY, SUITE 260
SAN DIEGO, CA 92101-2422 P.O. BOX 121750, SAN DIEGO, CA 92112-1750
(619)236-3771 • FAX(619)557-4056 (619)237-0502 • FAX(619)557-4155
Certificate pursuant to 995.640(a) Code of Civil Procedure
State of California I, Ernest J. Dronenburg, Jr., County Clerk of the County of San Diego,
County of San Diego}ss State of California, in and for said County DO HEREBY CERTIFY THAT
WESTERN SURETY COMPANY-. ............
has been issued a certificate of authority as an admitted surety
by the Insurance Commissioner authorizing the insurer to transact
surety insurance in the State of California, and that based on the
records in this office, that authority has not been surrendered,
revoked, cancelled, annulled, or suspended:
In Testimony Whereof, I have hereunto set my hand affixed the seal of said
Y Y
Count this... a of
BY:
Deputy Reyna Ayala
CC602(09/13/13)