ORANGE\DDERLETH\55191.2 PTEAM 03102022
CITY OF CORONA
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VALVERDE CONSTRUCTION, INC.
(ON-CALL / EMERGENCY – ESSENTIAL SYSTEMS REPAIR SERVICES FOR POTABLE WATER – RECLAIMED WATER - WASTEWATER – RFP 21-057RH)
1. PARTIES AND DATE.
This Second Amendment to the Maintenance/General Services Agreement (“Second Amendment”) is made and entered into this 3rd day of August, 2022 by and between the City of Corona (“City”) and Valverde Construction, Inc., a California corporation (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Second Amendment.
2. RECITALS.
2.1 Agreement. City and Contractor entered into that certain Maintenance/General Services Agreement dated June 16, 2021 (“Agreement”), whereby Contractor agreed to provide On-Call / Emergency – Essential Systems Repair Services for Potable Water – Reclaimed Water – Wastewater.
2.2 Prior Amendments. City and Contractor entered into that certain First Amendment to the Maintenance/General Services Agreement on or about July 14, 2022 (“First Amendment”).
2.3 Call-Out Services – Corona Mall Waterline Replacement Project. Pursuant to the terms of the Agreement, City has identified certain work to assign to Contractor associated with replacing the 8-inch asbestos cement waterline running beneath the Corona Mall south parking lot (“Waterline Replacement Work”). The Waterline Replacement Work is to be funded with monies obtained by the City pursuant to the American Rescue Plan Act of 2021 (“ARPA”).
2.4 Amendment. City and Contractor desire to amend the Agreement for the second time to (1) ensure that the Waterline Replacement Work is performed pursuant to all federal ARPA funding requirements associated with upgrading local water infrastructure; and (2) increase the compensation by $615,721 for fiscal year ending June 30, 2023, in exchange for Contractor performing the Waterline Replacement Work.
3. TERMS.
3.1 Waterline Replacement Work. The Parties agree that the Waterline Replacement Work described in Exhibit “D” attached hereto and incorporated herein by reference is hereby assigned to Contractor pursuant to the ARPA funding requirements. Contractor shall be entitled to the compensation set forth in Exhibit “D” in exchange for performing the Waterline Replacement Work.
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3.2 Federal Contract Provisions. Contractor expressly agrees that the compensation for the Waterline Retrofit Work set forth in Exhibit “D” shall include all costs associated with compliance with federal contracting requirements. While it shall be Contractor’s sole responsibility to research and ensure compliance with all federal contracting requirements pursuant to ARPA, for reference purposes only such requirements shall include, but are not limited to:
3.2.1 Federal and State Prevailing Wage. Contractor and its subcontractors shall comply with the higher of the state or federal prevailing wage rates for workers performing work on federally funded or assisted construction contracts covered by the Davis-Bacon Act.
3.2.2 Davis-Bacon Act. The requirements set forth in the Davis-Bacon Act, 40 U.S.C. 3141 et seq, are incorporated herein by this reference. For covered contracts in excess of $2,000 for the construction, alteration or repair of public buildings and public works, such requirements include, but are not limited to requiring Contractor and its subcontractors to pay their laborers and mechanics employed under contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area set forth in the Department of Labor Federal Wage Determination in Exhibit “E” attached hereto and incorporated herein by reference. Contractors and subcontractors are required to pay all mechanics and laborers employed directly on the site of work, unconditionally not less than once per week.
3.2.3 Contract Work Hours and Safety Standards Act. The requirements set forth in the Contract Work Hours and Safety Standards Act, 40 U.S.C. 3701 et seq. are incorporated herein by this reference. Such requirements include, but are not limited to, (1) for covered contracts in excess of $100,000 Contractor and its subcontractors must pay laborers and mechanics, including guards and watchmen, at least one and one-half times their regular rate of pay for all hours worked in excess of 40 in a week; (2) Contractor shall post in a prominent and accessible place at the work site the Davis-Bacon employee rights poster, form WH1321 Rev 10/17; (3) provide weekly statement of wages and fringe benefits statements paid to each employee engaged in covered work; and (4) maintain payroll records for each covered worker for a minimum of three years.
3.2.4 Copeland Anti-Kickback Act. The requirements set forth in the Copeland Anti-Kickback Act, 18 U.S.C. 874, 40 U.S.C. 3145 and 29 CFR Part 3 are incorporated herein by this reference. For covered contracts in excess of $2,000, such requirements include, but are not limited to, (1) prohibiting Contractor and its subcontractors performing work from any way inducing an employee to give up any part of the compensation to which he or she is entitled; and (2) Contractors and subcontractors paying their employees on a weekly basis and submitting payroll reports of the wages paid to their laborers and mechanics, during the preceding payroll period. Each payroll submitted shall be accompanied by a Statement of Compliance signed by the Contractor or subcontractor.
3.2.5 Equal Employment Opportunity. Contractor and its subcontractors shall comply with the requirements set forth in 41 CFR Part 60 incorporated herein by this reference, including but not limited to, the Equal Opportunity Clause required under Executive Order DocuSign Envelope ID: 3E62D065-3A70-4E13-8A1F-6D0288853D05 3 (BB&K: 9-10)
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11246, as amended by Executive Order 11375, set forth at 41 CFR 60-1.4(b) regarding discrimination and affirmative action on the basis of race, color, religion, sex or national origin.
3.2.6 Clean Air Act. The requirements set forth in the Clean Air Act (42 U.S.C. 7401 et seq.) are incorporated herein by reference and Contractor shall comply with all applicable standards, orders or regulations pursuant to the Clean Air Act as amended. Contractor agrees to report each violation to the City and Regional Office of the Environmental Protection Agency (EPA). Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance funds.
3.2.7 Federal Water Pollution Control Act. The requirements set forth in the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.) are incorporated herein by reference and Contractor shall comply with all applicable standards, orders or regulations pursuant to the federal Water Pollution Control Act. Contractor agrees to report each violation to the City and Regional Office of the Environmental Protection Agency (EPA). Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance funds.
3.2.8 Debarment and Suspension. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. Contractor is required to verify that none of the Contractor’s principals (defined at 2 CFR § 189.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). Contractor and its subcontractors must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C and must include a requirement to comply with these regulations in any subcontract or lower tier covered transaction it enters into.
3.2.9 Byrd Anti-Lobbying Amendment. The requirements set forth in the Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) are incorporated herein. By signing this Second Amendment, Contractor certifies, to the best of his or her knowledge and belief, that (1) no federal funds have been paid or will be paid, by or on behalf of Contractor to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement; (2) if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, contract, loan or cooperative agreement, Contractor shall complete and submit standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions; (3) Contractor shall require that the language of this certification be included in agreements for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly; and (d) the certification is a material representation of fact upon which reliance is placed when this Agreement was made or entered into. This certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required DocuSign Envelope ID: 3E62D065-3A70-4E13-8A1F-6D0288853D05 4 (BB&K: 9-10)
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certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
3.2.10 Procurement of Recovered Materials. Contractor and its subcontractors shall comply with the applicable requirements set forth in Section 6002 of the Solid Waste Disposal Act. Contractor shall make the maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired either, (1) competitively within a timeframe providing for compliance with the Agreement performance schedule; (2) meeting Agreement performance requirements; or (3) at a reasonable price. or Services. Contractor and its subcontractors shall comply with all applicable requirements of 2 CFR 200.216 prohibition on certain telecommunications and video surveillance services or equipment from certain entities for national security reasons. Unless an exception applies, Contractor and its subcontractors may not use federal assistance grant, cooperative agreement, loan or loan guarantee funds to procure any equipment, system or service or enter into, extend or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
Pursuant to Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). shall comply with all applicable requirements of 2 CFR 200.322 domestic preferences for procurements. As appropriate, and to the extent consistent with law, Contractor should, to the greatest extent possible provide a preference for the purchase, acquisition, or use of goods, products, or materials in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products.
General of the United States, or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts and transcriptions. Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
three years following final disbursement, Contractor and its subcontractors shall maintain records pertaining to this Agreement for each covered worker and make available for inspection to the City upon request.
3.3 Rates & Total Compensation. Section 3.3.1 (Rates & Total Compensation) of the Agreement, as amended by the First Amendment, is hereby deleted in its entirety and replaced with the following:
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3.2.11 Prohibition on Contracting for Covered Telecommunications Equipment
3.2.12 Domestic Preferences for Procurements. Contractor and its subcontractors
3.2.13 Access to Records. Contractor agrees to provide City and the Comptroller
3.2.14 Reporting Requirements. Upon execution of this Agreement and until 5 (BB&K: 9-10)
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“3.3.1 Rates & Total Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C” attached hereto and incorporated herein by reference.
The total compensation, including authorized reimbursements, shall not exceed Eight Hundred Thirty-five Thousand Seven Hundred Twenty-one Dollars ($835,721) per fiscal year ending June 30, 2023 (“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.4 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this Second Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment.
3.6 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
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CITY’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VALVERDE CONSTRUCTION, INC.
(ON-CALL / EMERGENCY – ESSENTIAL SYSTEMS REPAIR SERVICES FOR POTABLE WATER – RECLAIMED WATER - WASTEWATER – RFP 21-057RH) IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou
Public Works Director/City Engineer
Reviewed By: _________________________
Tom Moody
Director of Utilities
Reviewed By: _________________________
Barry Ghaemi
Senior Engineer
Reviewed By: _________________________
Scott Briggs
Acting Purchasing Manager
Attest:
_________________________
Sylvia Edwards, City Clerk
City of Corona, California
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CONTRACTOR’S SIGNATURE PAGE
FOR
SECOND AMENDMENT TO
MAINTENANCE/GENERAL SERVICES AGREEMENT
WITH VALVERDE CONSTRUCTION, INC.
(ON-CALL / EMERGENCY – ESSENTIAL SYSTEMS REPAIR SERVICES FOR POTABLE WATER – RECLAIMED WATER - WASTEWATER – RFP 21-057RH) IN WITNESS WHEREOF, the Parties have entered into this Second Amendment to Maintenance/General Services Agreement as of the date noted on the first page of the Amendment.
VALVERDE CONSTRUCTION, INC.
a California corporation
By: _________________________
Joe A. Valverde
President
By: _________________________
Ahron Valverde
Corporate Secretary
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EXHIBIT "D"
DESCRIPTION OF WATERLINE REPLACEMENT WORK
Provide all labor, materials and equipment to replace two sections of 8-inch Asbestos Cement Pipe (ACP) consisting of approximately 978 linear feet, running east-west through the Corona Mall property with ductile iron pipe (DIP) per City standards.
Section 1 Located in the northern part of the mall with approximately 653 linear feet running from South Main Street to East 6th Street.
Section 2: Located in the southern part of the mall with approximately 320 linear feet, running between South Main Street and South Ramona Avenue.
Total Compensation for Waterline Replacement Work: $615,721.00 Item
#
Description Unit of
Measure Quantity Unit Price Line Total
1 Mobilization and Demobilization LS 1 18,500.00 18,500.00 2 Traffic Control LS 1 7,000.00 7,000.00
3 Trench Safety and Shoring LS 1 1,24500 1,245.00
4 Utility Locating LS 1 19,000.00 19,000.00
5 Sawcut and Remove AC pavement LF 978 9.00 8802.00
6 Remove and Dispose of existing 8"
asbestos cement pipe, fittings, valves,
valve cans, thrust blocks, and all
appurtenances for the distribution main
line @ Section 1
LF 653 112.00 73,136.00
7 Furnish and Install 8" Ductile Iron Pipe
and all needed fittings @ Section 1 LF 653 222.00 144,966.00 8 Potable Waterline Pressure Testing,
Flushing, Disinfection, Sampling
Bacteriological Testing, and
Dechlorination of Discharge Water
Including Temporary Fittings, Piping,
and Hoses to Complete the Work @
Section 1
LS 1 6,500.00 6,500.00
9 Remove and Dispose of existing 8"
asbestos cement pipe, fittings, valves,
valve cans, thrust blocks, and all
appurtenances for the distribution main
line @ Section 2
LF 320 111.00 35,520.00
10 Furnish and Install 8" Ductile Iron Pipe
and all needed fittings @ Section 2 LF 320 228.00 72,960.00 DocuSign Envelope ID: 3E62D065-3A70-4E13-8A1F-6D0288853D05 9 (BB&K: 9-10)
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Item
#
Description Unit of
Measure Quantity Unit Price Line Total
11 Potable Waterline Pressure Testing,
Flushing, Disinfection, Sampling
Bacteriological Testing, and
Dechlorination of Discharge Water
Including Temporary Fittings, Piping,
and Hoses to Complete the Work @
Section 2
LS 1 6,500.00 6,500.00
12 Furnish and Install 8" Resilient Wedge
Gate Valve and Valve can per COC STD
Plan 420 and 422
EA 4 3,500.00 14,000.00
13 Remove and Dispose of Fire Hydrant
head and riser and abandon lateral at
each end
EA 4 800.00 3,200.00
14 Furnish and Install (4) Fire Hydrants
Assembly and Blue Dot Markers COC
STD Plan 150, 406, 412 and 422
EA 4 11,000 44,000.00
15 Furnish and Install 6" Resilient Wedge
Gate Valve and Valve can per COC STD
Plan 420 and 422
EA 4 2,600.00 10,400.00
16 Furnish and Install one (1) temporary
highline and (5) 1" water service
connections
EA 1 13,000.00 13,000.00
17 Furnish and Install (8) 1" water service
lines per COC STD Plan 150 and 414
and Re-Connect to Existing
Meter Per Plans
LF 560 68.00 38,080.00
18 Crushed Miscellaneous Base (Full
Trench Zone Per COC STD Plan 150) CY 410 116.00 47,560.00 19 AC Trench Pavement Type B PG 70-10
(6" Depth Flush) Per COC STD 150 TON 104.8 490.00 51,352.00 DocuSign Envelope ID: 3E62D065-3A70-4E13-8A1F-6D0288853D05 10 (BB&K: 9-10)
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EXHIBIT "E"
DEPARTMENT OF LABOR FEDERAL WAGE DETERMINATION
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