INDEPENDENT CONTRACTOR AGREEMENT
FOR
SEWER LIFT STATION MAINTENANCE SERVICES
{I'
THIS AGREEMENT is made and entered into this ~1J day of jA J k~ , 2025 by and between the City of Laguna Beach, a Municipal Corporation, heremafter eferred to as the "CITY," and DownStream Services, Inc. hereinafter referred to as "INDEPENDENT CONTRACTOR."
RECITALS
WHEREAS, the CITY desires to engage INDEPENDENT CONTRACTOR to render certain professional services as more fully identified in Appendix A, Scope of Services, attached hereto and included herein;
WHEREAS, INDEPENDENT CONTRACTOR is qualified and agreeable to render the professional services desired by the CITY;
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises hereinafter expressed and intending to be bound hereby, the parties hereto do mutually agree as follows:
PARTI
Article 1.
FUNDAMENTAL TERMS
Engagement of INDEPENDENT CONTRACTOR
The CITY hereby agrees to engage INDEPENDENT CONTRACTOR to perform the professional services as hereinafter set forth, and INDEPENDENT CONTRACTOR agrees to perform those services in accordance with the terms and conditions of this Agreement.
Article 2. Scope of Services
In compliance with all terms and conditions of this Agreement, INDEPENDENT CONTRACTOR shall perform all work necessary to complete, in a manner satisfactory to the CITY, the services described and set forth in Appendix A, Scope of Services, attached hereto and by reference incorporated herein and made a part hereof.
Article 3. Time of Performance
The services of INDEPENDENT CONTRACTOR are to commence within ten (10) days after this Agreement has been approved by the CITY and the CITY has authorized work to start by the written issuance of a Notice to Proceed. The services of INDEPENDENT CONTRACTOR shall be completed by June 30, 2027. Thereafter, the Agreement may be extended for up to two (2) additional one-year periods, subject to satisfactory performance, with an annual cost increase not to exceed the percentage change in the bureau of Labor Statistics Consumer Price Index (CPI) for the Los Angeles-Long Beach-Anaheim region.
Attachment 3
18 Article 4. Payment and Limitation of Cost
The CITY shall compensate INDEPENDENT CONTRACTOR for services performed under Article 2, as further defined in Appendix A in an amount not to exceed a total of $63,156.
In order to receive payments, INDEPENDENT CONTRACTOR shall submit to the CITY an invoice. The invoice will delineate the services performed with specificity, the amount invoiced to date, and such other documentation as may be necessary or requested by the CITY to demonstrate that appropriate progress has been made toward completion of the services.
Adjustments of total cost of services by up to 10% of the original contract amount will be permitted when INDEPENDENT CONTRACTOR establishes, and the CITY agrees in writing, that there has been, or is to be, a significant change in:
a.
b.
C.
Article 5.
The scope, complexity or character of the services to be performed; the conditions under which the work is required to be performed; or the duration of work if the change from the time period specified in this Agreement for completion of the work warrants such adjustment in accordance with Part II, Section 3, Paragraph 3 .13, Extension of Time for Delay.
Attachments
The provision set forth in Part II, General Provisions, and Appendix A, "Scope of Services," are by reference incorporated herein and made a part hereof.
Article 6. Integration
This Agreement represents the entire understanding of the CITY and INDEPENDENT CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with regard to those matters covered by this Agreement. This Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, between the parties, and none shall be used to interpret this Agreement. 19 IN WITNESS WHEREOF, persons executing this Agreement warrant and represent that they are authorized to do the same on behalf of the parties hereto and are authorized to bind those parties to the terms and conditions of this Agreement.
CITY OF LAGUNA BEACH
By __________ ~l- ◄~ _ ___ _
Dave Kiff, City Manager
TRACTOR
By:
Loren
Title: President
Address: 2855 Progress Place
Escondido, CA 92029
20 SECTION ONE:
PART II
GENERAL PROVISIONS
SERVICES OF INDEPENDENT CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, INDEPENDENT CONTRACTOR shall perform all work necessary covered by this Agreement in a manner satisfactory to the CITY. This Agreement includes the services described and set fo1ih in Appendix A, Scope of Services, attached hereto and by reference incorporated herein and made a part hereof, which may be referred to as "services."
1.2 Changes and Additions to Scope of Services. The CITY shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or make changes by altering, adding to, or deducting from said services. No payment for extra services caused by a change in scope or complexity of work shall be made, unless and until such extra services and a price therefore have been authorized in writing and approved by the CITY. Such written approval shall set forth the changes of work, extension of time for preparation, and adjustment of the fee to be paid by the CITY to INDEPENDENT CONTRACTOR. No claim for said additional work shall be made unless such additional work has been specifically authorized in writing by the CITY.
1.3 Specifications. All specifications, manuals, or standards, either attached to this Agreement or incorporated herein by reference, are deemed to be the version in effect as of the date of this Agreement and are binding as to the performance of the work in this Agreement unless they are changed by written amendment and this Agreement is modified in writing to incorporate such changes. Any changes are subject to CITY approval.
1.4 Standard of Performance. INDEPENDENT CONTRACTOR hereby represents and warrants that it has the experience necessary to undertake the services to be provided herein. In light of such status and experience, INDEPENDENT CONTRACTOR hereby covenants that it shall follow customary good professional standards in performing all services required hereunder and shall perform all work in a manner reasonably satisfactory to the CITY. INDEPENDENT CONTRACTOR shall be responsible to ensure that all work performed, including by its employees if any, is performed to the standards set forth in this Agreement and that such work complies with the requirements of appropriate governmental agencies and applicable laws ordinances, codes and regulations of the federal, state and local governments in effect at the time such services are performed.
Notwithstanding any other provision herein, INDEPENDENT CONTRACTOR agrees to perform all work to the satisfaction of the CITY within the time specified. If the CITY reasonably determines that the work is not satisfactory, the CITY shall have the right to take appropriate action, including but not limited to: (i) meeting with INDEPENDENT CONTRACTOR to review the quality of the work and resolve matters of concern; (ii) requiring INDEPENDENT CONTRACTOR to repeat unsatisfactory work at no additional charge until it is satisfactory; (iii) suspending the delivery of work to INDEPENDENT CONTRACTOR for an indefinite time; (iv) withholding payment; and (v) terminating this Agreement as hereinafter set forth. 21 1.5 Licenses, Permits, Fees and Assessments. INDEPENDENT CONTRACTOR shall obtain at its sole cost and expense all licenses, permits, and approvals that may be required by law for the performance of the services required by this Agreement. INDEPENDENT CONTRACTOR shall have the sole obligation to pay any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for INDEPENDENT CONTRACTOR's performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless the CITY against any such fees, assessments, taxes, penalties, or interest levied, assessed, or imposed against the CITY thereunder.
1.6 Personnel. INDEPENDENT CONTRACTOR represents that it employs, or will employ, at its own expense, personnel required in performing the services required under this Agreement.
All of the services required hereunder will be performed by INDEPENDENT CONTRACTOR and all personnel engaged in the work shall be fully qualified and be authorized or permitted under state and local law to perform such services. This Agreement contemplates the personal services of INDEPENDENT CONTRACTOR and INDEPENDENT CONTRACTOR employees, and it is recognized by the parties hereto that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of INDEPENDENT CONTRACTOR and INDEPENDENT CONTRACTOR's employees. Neither this Agreement nor any interest therein may be assigned by INDEPENDENT CONTRACTOR, except upon written consent of the CITY.
1. 7 Prohibition Against Subcontracting or Assignment. INDEPENDENT CONTRACTOR shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the CITY, and excepting any services identified in Appendix A, Scope of Services, and excepting minor incidental services including, but not limited to couriers and reprographics services. In addition, neither the Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. In the event of any unapproved transfer, the CITY may void the Agreement at the CITY' s option in its sole and absolute discretion.
SECTION TWO: INSURANCE
2.1 Insurance. Without limiting INDEPENDENT CONTRACTOR's indemnification obligations, INDEPENDENT CONTRACTOR shall procure and maintain, at its sole cost and for the duration of this Agreement, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the work hereunder by INDEPENDENT CONTRACTOR, its agents, representatives, employees, and/or subconsultants. In the event that INDEPENDENT CONTRACTOR subcontracts any portion of the work in compliance with this Agreement, the contract between INDEPENDENT CONTRACTOR and such subconsultant shall require the subconsultant to maintain the same policies of insurance that INDEPENDENT CONTRACTOR is required to maintain pursuant to this Section 2.1. If the existing policies do not meet the Insurance Requirements set forth herein, INDEPENDENT CONTRACTOR agrees to amend, supplement or endorse the policies to do so.
22 2.1.1 Insurance Coverage Required. The policies and amounts of insurance required hereunder shall be as follows:
(1) General Liability Insurance. Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 00 01 including completed operations, with limits of liability of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate for liability arising out of INDEPENDENT CONTRACTOR's performance of this Agreement. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set forth above. If written with an aggregate, then the aggregate shall be double each occurrence limit. (2) Automobile Liability Insurance. Automobile Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $1,000,000 annual aggregate. The limits shall be provided by either a single primary policy or combination of policies. If limits are provided with excess and/or umbrella coverage, then the limits combined with the primary will equal the minimum limits set above. Such insurance shall include coverage for all "owned," "hired" and "non-owned" vehicles, or coverage for "any auto." (3) Workers' Compensation Insurance. Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. Said insurance shall cover all employees of INDEPENDENT CONTRACTOR providing any service in the performance of this agreement. A statement on an insurance ce1iificate will not be accepted in lieu of the actual endorsement unless INDEPENDENT CONTRACTOR's insurance carrier is the State of California Insurance Fund (SCIF) and the endorsement numbers 2570 and 2065 are referenced on the certificate of insurance.
Workers' Compensation is not required for sole proprietors or a partnership with no employees.
However, for sole proprietors or a partnership, INDEPENDENT CONTRACTOR must complete a "Workers' Compensation Declaration." This form may be obtained from the CITY staff.
2.1.2 Evidence of Insurance. INDEPENDENT CONTRACTOR, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates and endorsements on forms approved by the CITY. 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, INDEPENDENT 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 . . msurance company or compames. 23 Original, signed insurance certificates and endorsements must be sent via email from INDEPENDENT CONTRACTOR's insurance broker/agent to the CITY.
The CITY project title or description MUST be included in the "Description of Operations" box on the certificate.
Certificate Holder:
City of Laguna Beach, California
2.2 Endorsements.
Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been approved by the City in writing.
2.2.1 The insurance coverage required by Section 2.1.1 Commercial General Liability shall contain the following provisions or be endorsed to provide the following:
Additional Insured: The CITY, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement.
Additional Insured Endorsements shall not:
1. Exclude "Contractual Liability;"
2. Restrict coverage to the "Sole" liability of INDEPENDENT CONTRACTOR;
3. Exclude "Third-Party-Over-Actions;" and
4. Contain any other exclusions contrary to the Agreement.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
A statement on an msurance certificate will not be accepted m lieu of the actual endorsement.
2.2.2 The policy or policies of msurance required by Section 2.1.3 Workers' Compensation shall be endorsed as follows:
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties.
24 2.2.3 Any deductible in excess of $50,000 and/or Self-Insured Retentions must be approved in writing by the CITY.
2.2.4 Acceptable Insurance. Each policy shall be from a company with current A.M.
Best's rating of A VII or higher and authorized to do business in the State of Californi~ or otherwise allowed to place insurance through surplus lines brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the CITY.
2.2.5 Insurance of Subconsultants. INDEPENDENT CONTRACTOR shall be responsible for causing subconsultants to maintain the same types and limits of coverage in compliance with this Agreement, including naming the CITY as an additional insured to the subconsultants' policies.
2.3 Notice of Cancellation. Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the CITY; except twelve (12) days written notice of cancellation shall be provided for non-payment of premium.
2.4 Other Insurance. Such other policies of insurance as may be required in the Special Provisions attached hereto.
2.5 Contractual Liability. Notwithstanding any other provision herein, the coverage provided shall also apply to the obligations assumed by INDEPENDENT CONTRACTOR under the indemnity provisions of this Agreement.
2.6 Claims Made Policies "aka: Tail Coverage." If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Agreement with the CITY and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least three (3) years from termination or expiration of this Agreement. Upon expiration or termination of coverage of required insurance, INDEPENDENT CONTRACTOR shall procure and submit to the CITY evidence of "tail" coverage or an extended reporting coverage period endorsement for the period of at least three (3) years from the time that all work under this Agreement is completed.
2. 7 Waiver of Subrogation. Required insurance coverages shall not prohibit INDEPENDENT CONTRACTOR from waiving the right of subrogation prior to a loss. INDEPENDENT CONTRACTOR shall waive all rights of subrogation against the indemnified parties and policies required under this Agreement shall contain or be endorsed to contain such a provision.
2.8 Failure to Maintain Coverage. INDEPENDENT CONTRACTOR agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the CITY and provide the CITY written notice of the same within 24 hours of suspending and ceasing all operations. The CITY shall have the right to withhold any payment due INDEPENDENT CONTRACTOR until INDEPENDENT CONTRACTOR has fully complied with the insurance provisions of this Agreement.
25 In the event that INDEPENDENT CONTRACTOR's operations are suspended for failure to maintain required insurance coverage, INDEPENDENT CONTRACTOR shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
Failure to maintain the required insurance coverage shall constitute good cause for termination.
SECTION THREE: INDEMNIFICATION
3.1 Indemnification. To the full extent allowed by law, INDEPENDENT CONTRACTOR shall indemnify, defend with counsel acceptable to the CITY, and hold harmless the CITY and its officers, officials, employees, agents and volunteers ("Indemnitees") from and against any and all liability, loss, damage, claims, suits, actions, arbitrations proceedings, administrative proceedings, regulatory proceedings, civil penalties and fines, expenses and costs (including, without limitation, attorney's fees and costs and fees of litigation) ( collectively, "Liability") of every nature, whether actual, alleged or threatened, arising out of or in connection with INDEPENDENT CONTRACTOR's performance of the services provided under this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such Liability caused by the sole negligence or willful misconduct of the CITY.
3.1.1 INDEPENDENT CONTRACTOR's obligation to defend and indemnify shall not be excused because of INDEPENDENT CONTRACTOR's inability to evaluate Liability or because INDEPENDENT CONTRACTOR evaluates Liability and determines that INDEPENDENT CONTRACTOR is not liable to the claimant. INDEPENDENT CONTRACTOR must respond within 30 days to the tender of any claim for defense and indemnity by the CITY, unless this time has been extended by the CITY. If INDEPENDENT CONTRACTOR fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due INDEPENDENT CONTRACTOR under and by virtue of this Agreement as shall reasonably be considered necessary by the CITY, may be retained by the CITY until disposition has been made of the claim or suit for damages, or until INDEPENDENT CONTRACTOR accepts or rejects the tender of defense, whichever occurs first.
3.1.2 With respect to third party claims against INDEPENDENT CONTRACTOR, INDEPENDENT CONTRACTOR waives any and all rights of any type to express or implied indemnity against the Indemnitees.
3.1.3 Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code Section 2783, as may be amended from time to time, such duties of INDEPENDENT CONTRACTOR to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
3.1.4 Notwithstanding the foregoing, to the extent that this Agreement includes design professional services under Civil Code Section 2782.8, as may be amended from time to time, such duties of INDEPENDENT CONTRACTOR to indemnify shall only be to the full extent permitted by Civil Code Section 2782.8.
3.1.5 If any term of portion of this Section 2.9 is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, said section shall be interpreted to allow the broadest indemnity permitted by law.
26 SECTION FOUR: LEGAL RELATIONS AND RESPONSIBILITIES
4.1 Independent Contractor. It is expressly understood that in the performance of the services under the Agreement, INDEPENDENT CONTRACTOR shall be, and is, an INDEPENDENT CONTRACTOR and is not an agent or employee of the CITY. The CITY shall not in any way or for any purpose become or be deemed to be a partner of INDEPENDENT CONTRACTOR in its business or otherwise, or a joint venturer, or a member of any joint enterprise with INDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of the CITY.
INDEPENDENT CONTRACTOR has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting INDEPENDENT CONTRACTOR in the performance of required services. INDEPENDENT CONTRACTOR shall be solely responsible and hold the CITY harmless for all matters relating to the payment of INDEPENDENT CONTRACTOR's employees, including compliance with Social Security withholdings and all other regulations governing such matters. Neither INDEPENDENT CONTRACTOR nor any of INDEPENDENT CONTRACTOR's employees shall, at any time, or in any way, be entitled to any sick leave, vacation, retirement or other fringe benefits from the CITY; and neither the CITY nor any of its employees shall be paid by the CITY time and one-half for working in excess of forty ( 40) hours in any one week. Neither INDEPENDENT CONTRACTOR nor any of INDEPENDENT CONTRACTOR's employees shall be included in the competitive service, have any property right to any position, or any of the rights an employee may have in the event of termination of this Agreement.
4.2 Non-Discrimination and Equal Employment Opportunity. During its performance under this Agreement, INDEPENDENT CONTRACTOR agrees as follows:
4.2.1 Equal Employment Opportunity. In connection with its performance under this Agreement, INDEPENDENT CONTRACTOR shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, age, marital status, sexual orientation, AIDS or AIDS-related symptoms (including HIV positive findings), physical disability, mental disability, mental condition, family care leave, sexual orientation, ancestry or national origin. Actions encompassed by this prohibition shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment, or recruitment advertising; layoff or tennination; rate of pay, or other forms of compensation; and selection for training, including apprenticeship.
4.2.2 Sanctions for Noncompliance. In the event of INDEPENDENT CONTRACTOR's noncompliance with the non-discrimination provisions of this Agreement, INDEPENDENT CONTRACTOR agrees that the CITY shall be authorized to impose such sanctions or penalties as the CITY may determine to be appropriate, including, but not limited to 1) withholding of payments to INDEPENDENT CONTRACTOR hereunder until INDEPENDENT CONTRACTOR complies with all applicable requirements and obligations, and/or 2) cancellation, termination or suspension of the Agreement, in whole or in part.
4.3 Proprietary Information. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of 27 INDEPENDENT CONTRACTOR. All proprietary information developed specifically for the CITY by INDEPENDENT CONTRACTOR in connection with, or resulting from, this Agreement, including but not limited to inventions, discoveries, improvements, copyrights, patents, maps, reports, textual material or software programs, but not including INDEPENDENT CONTRACTOR's underlying materials, software, or know-how, shall be the sole and exclusive property of the CITY, and are confidential and shall not be made available to any person or entity without the prior written approval of the CITY. INDEPENDENT CONTRACTOR agrees that the compensation to be paid pursuant to this Agreement includes adequate and sufficient compensation for any proprietary information developed in connection with or resulting from the performance of INDEPENDENT CONTRACTOR's services under this Agreement.
INDEPENDENT CONTRACTOR further understands and agrees that full disclosure of all proprietary information developed in connection with, or resulting from, the performances of services by INDEPENDENT CONTRACTOR under this Agreement shall be made to the CITY, and that INDEPENDENT CONTRACTOR shall do all things necessary and proper to perfect and maintain ownership of such proprietary information by the CITY.
4.4 Use of Patented Materials. INDEPENDENT CONTRACTOR shall assume all costs arising from the use of patented or copyrighted materials, including but not limited to equipment, devices, processes, and software programs, used or incorporated in the services or work performed by INDEPENDENT CONTRACTOR under this Agreement. INDEPENDENT CONTRACTOR shall indemnify, defend, and save the CITY harmless from any and all suits, actions, or proceedings of every nature for or on account of the use of any patented or copyrighted materials.
4.5 Retention of Funds. INDEPENDENT CONTRACTOR hereby authorizes the CITY to deduct from any amount payable to INDEPENDENT CONTRACTOR (where arising out of the Agreement or otherwise) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate the CITY for any losses, costs, liabilities or damages suffered by the CITY, and all amounts for which the CITY may be liable to third parties, by reason of INDEPENDENT CONTRACTOR's negligent acts, errors, or omissions, or willful misconduct in performing or failing to perform INDEPENDENT CONTRACTOR's obligations under this Agreement. The CITY in its sole and absolute discretion, may withhold from any payment due to INDEPENDENT CONTRACTOR, without liability for interest, an amount sufficient to cover such claim or any lien. The failure of the CITY to exercise such right to deduct or withhold shall not act as a waiver of INDEPENDENT CONTRACTOR's obligation to pay the CITY any sums INDEPENDENT CONTRACTOR owes the CITY.
4.6 Termination for Convenience of the CITY. The CITY may tenninate this Agreement at any time by giving written notice of INDEPENDENT CONTRACTOR of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of the CITY, become the CITY's property. If this Agreement is terminated by the CITY as provided herein, then INDEPENDENT CONTRACTOR will be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of INDEPENDENT CONTRACTOR covered by this Agreement, less payments of compensation previously made.
4.7 Termination of Agreement for Cause. In addition to the CITY's rights under Section 4.6, the CITY may, subject to the provisions of Paragraph 4.7.2, by written notice to INDEPENDENT 28 CONTRACTOR, terminate the whole or any part of this Agreement in any of the following circumstances: (1) if INDEPENDENT CONTRACTOR fails to perform the services called for by this Agreement within the time(s) specified herein or any extension thereof; or (2) if INDEPENDENT CONTRACTOR fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Agreement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten (10) days ( or such longer period as the CITY may authorize in writing) after receipt of notice from the CITY specifying such failure.
4.7.1 In the event the CITY terminates this Agreement in whole or in part as provided in this section, the CITY may procure, upon such terms and such manner as it may determine appropriate, services similar to those described in this Agreement.
4.7.2 Except with respect to defaults of subconsultants, INDEPENDENT CONTRACTOR shall not be liable for any excess costs if the failure to perform this Agreement arises out of causes beyond the control and without the fault or negligence of INDEPENDENT CONTRACTOR. Such causes may include, but are not restricted to, acts of God or of the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes and unusually severe weather; but in every case, the failure to perform must be beyond the control of, and without the fault or negligence ofINDEPENDENT CONTRACTOR.
4.7.3 Upon receipt of notice of termination from the CITY, INDEPENDENT CONTRACTOR shall immediately stop its services, unless otherwise directed, and deliver to the CITY all data, drawing, reports, estimates, summaries and such other information and materials as may have been accumulated by INDEPENDENT CONTRACTOR in the performance of this Agreement, whether completed or in process. Upon termination, INDEPENDENT CONTRACTOR shall be paid the value of the work performed, less payments of compensation previously made.
4.8 Waiver. No delay or omission in the exercise of any right or remedy by a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party's consent to or approval of any act by the other party requiring the party's consent or approval shall not be deemed to waive or render unnecessary the other party's consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing.
4.9 Legal Actions. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted or maintained in the Municipal and Superior Courts of the State of California in the County of Orange, or in any other appropriate court with jurisdiction in such County, and INDEPENDENT CONTRACTOR agrees to submit to the personal jurisdiction of the court. If any claims related to the performance hereunder be asserted against either party hereto, then the party claimed against shall receive reasonable assistance from the other.
4.10 Rights and Remedies are Cumulative. The rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any rights or remedies for the same default or any other default by the other party.
29 4.11 Attorneys' Fees. In any action between the parties hereto seeking enforcement of any of the terms of provisions of this Agreement or in connection with the performance of the work hereunder, the party prevailing in the final judgment in such action or proceeding, in addition to any other relief which may be granted, shall be entitled to have and recover from the other party its reasonable costs and expenses, including, but not limited to, reasonable attorneys' fees, expert witness fees and courts costs. If either party to this Agreement is required to initiate or defend litigation with a third party because of the violation of any term or provision of this Agreement by the other party, then the party so litigating shall be entitled to its reasonable attorneys' fees and costs from the other party to this Agreement.
4.12 Jurisdiction. This Agreement shall be interpreted in accordance with the statutes and laws of the State of California, the City of Laguna Beach and any other government agency applicable to the subject of this Agreement and the performance hereunder.
4.13 Non-liability of City Officers and Employees. No officer, official, employee, agent, representative, or volunteer of the CITY shall be personally liable to INDEPENDENT CONTRACTOR, or any successor in interest, in the event of any default or breach by the CITY, or for any amount which may become due to the CITY or its successor, or for breach of any obligation of terms of this Agreement.
4.14 Extension of Time for Delay.
4.14.1 If the work is delayed at any time by reason of a suspension ordered by the CITY or because of any other act of the CITY, or because of neglect by the CITY without contributory fault or neglect on the part of INDEPENDENT CONTRACTOR, or if the work should be delayed at any time by reason of strikes, acts of God, the public enemy, acts of the CITY, fire, floods, epidemics, quarantine restrictions, freight embargoes, abnormal force, violence of the elements, or for any other unforeseen cause beyond the control and without the fault or negligence of INDEPENDENT CONTRACTOR, or for any other reason which in the opinion of INDEPENDENT CONTRACTOR is proper justification for such delay, then INDEPENDENT CONTRACTOR shall be entitled to an extension of time equivalent to the time actually lost by such delay.
4.14.2 INDEPENDENT CONTRACTOR shall file a written request with the CITY for extension of time within ten (10) days following the beginning of such delay, and failure to do so shall constitute a waiver thereof, provided that in case of a continuing cause of delay, only one claim will be necessary. The CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the CITY such delay is justified. The CITY' s determination shall be in writing and be final and conclusive upon the parties to this Agreement.
4.14.3 A request for an ext~nsion of time or the granting of an extension of time shall not constitute a basis for any claim against the CITY for additional compensation. INDEPENDENT CONTRACTOR shall be deemed to have waived any claims for additional compensation and does hereby so waive any such claims unless he shall, at the time of filing a request for an extension of time, likewise file a claim for additional compensation on account of such delay. 30 4.15 Interests of Members of the CITY and Others. To the extent prohibited by applicable law, no officer, member or employee of the CITY and no member of its governing body nor other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work, shall ( 1) participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he or she has, directly or indirectly, any interest; or (2) have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter.
4.16 Interest ofINDEPENDENT CONTRACTOR. INDEPENDENT CONTRACTOR hereby covenants that it has, at the time of the execution of this Agreement, no interest, and that it shall not acquire any interest in the future, direct or indirect which would conflict in any manner or degree or be inconsistent with the performance of services required to be performed pursuant to this Agreement. INDEPENDENT CONTRACTOR further covenants that in the performance of this work no person having any such interest shall be employed.
4.17 Covenant Against Contingent Fees. INDEPENDENT CONTRACTOR warrants that it has not employed or retained any company or person to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts or any other consideration contingent upon or resulting from the making of this Agreement. In the event of a breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the compensation or consideration due INDEPENDENT CONTRACTOR, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts or contingent fee.
4.18 Compliance with California Unemployment Insurance Code Section 1088.8. If INDEPENDENT CONTRACTOR is a Sole Proprietor, then prior to signing the Agreement, INDEPENDENT CONTRACTOR shall provide to the CITY a completed and signed form W-9, Request for Taxpayer Identification Number and Certification. INDEPENDENT CONTRACTOR understands that pursuant to California Unemployment Insurance Code Section 1088.8, the CITY will report the information from Form W-9 to the State of California Unemployment Development Department, and that the information may be used for the purposes of establishing, modifying, or enforcing child support obligations, including collections, or reported to the Franchise Tax Board for tax enforcement purposes.
SECTION FIVE: MISCELLANEOUS PROVISIONS
5.1 Records and Audits. INDEPENDENT CONTRACTOR shall maintain complete and accurate records with respect to services performed (including, but not limited to, the identity of the person doing the work, a description by date and person of the work performed, and the amount of time expended on such work) and costs incurred under this Agreement. INDEPENDENT CONTRACTOR shall also maintain its records supporting its cost proposals used and relied on to enter into this Agreement. INDEPENDENT CONTRACTOR shall maintain records to show actual time and allowable costs with respect to each task set forth in the "Scopes of Services." All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. INDEPENDENT CONTRACTOR shall submit to the CITY such progress reports 31 and final reports in the manner and time set forth in Appendix B attached hereto and by reference incorporated herein. The final report and INDEPENDENT CONTRACTOR's work product shall become the property of the CITY. All records required to be maintained hereunder shall be maintained by INDEPENDENT CONTRACTOR for a period of five (5) years.
5.2 Access to Records. The CITY shall have access, upon reasonable notice, to the books and records of INDEPENDENT CONTRACTOR related to INDEPENDENT CONTRACTOR's performance of this Agreement in the event any audit is required. INDEPENDENT CONTRACTOR shall allow inspection of all work data, documents, proceedings and activities related to the Agreement, and INDEPENDENT CONTRACTOR's performance hereunder, for a period of one (1) year from the date of final payment under this Agreement.
5.3 Ownership of Records. All drawings, original documents, methodological explanations, computer programs, designs and reports and other materials prepared by INDEPENDENT CONTRACTOR in this performance of this Agreement (i) shall be the property of the CITY and shall be delivered at no cost to the CITY upon request of the CITY or upon the termination of this Agreement in accordance with accepted standards relating to public contracts, and (ii) are confidential and shall not be made available to any individual or entity without prior written approval of the CITY. Any additional copies will be the responsibility of the CITY.
5.4 Notices. Unless otherwise provided herein, any notices required to be given under the Agreement shall be in writing with copies as directed herein and shall be personally delivered, or delivered by United States mail, prepaid, certified, return receipt requested, or by reputable document delivery service that provides a receipt showing date and time of delivery. Notices personally delivered or delivered by a mail document delivery service shall be effective upon receipt. Any notice given by mail shall be deemed to have been given when deposited in the United States mails certified and postage prepaid, addressed to the party to be served as follows:
To CITY: City of Laguna Beach
Attn: Director of Public Works and Utilities
505 Forest Avenue
Laguna Beach, CA 92651
Notices to INDEPENDENT CONTRACTOR shall be delivered to the address set forth below INDEPENDENT CONTRACTOR's signature on Part I of this Agreement. Changes in the address to be used for receipt of notices shall be effected in accordance with this Section 4.4.
5.5 Severability. Each provision of this Agreement shall be severable from the whole. If any provision of this Agreement shall be found contrary to law, then the remainder of this Agreement shall continue in full force.
5.6 Authority. The person(s) executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally 32 bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound.
5.7 Construction and Amendment. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply. The headings of sections and paragraphs of this Agreement are for convenience or reference only, and shall not be construed to limit or extend the meaning of the terms, covenants and conditions of this Agreement. This Agreement may only be amended by the mutual consent of the parties by an instrument in writing.
5.8 Extent of Agreement. This Agreement represents the entire integrated agreement between the CITY and INDEPENDENT CONTRACTOR and supersedes all prior negotiations, representations of agreements, either written or oral. This Agreement may not be modified or amended except by a writing signed by both the CITY and INDEPENDENT CONTRACTOR.
5.9 Special Provisions. Any additional or supplementary provisions or modifications or alterations of these General Provisions shall be set forth in Part III of this Agreement ("Special Provisions").
5.10 Precedence. In the event of any discrepancy between Part I ("Fundamental Terms") and Part II ("General Provisions"), Part II shall take precedence and prevail over Part I. Part III shall take precedence and prevail over Part I and Part II.
5.11 Compliance with Laws. INDEPENDENT CONTRACTOR warrants and represents to CITY that it shall comply with all applicable statutes, standards, rules, and regulation required by Federal, State, and local agencies, including compliance with CAL/OSHA requirements as may be applicable.
33 Contractor's License #807953
DIR Registration #1000004632
Certified SBE #30938 ~ St~ffl
2855 Progress Place, Escondido, CA 92029
Office: (760} 746-2544 I Fax: (760) 746-2667
Loren Wynne I Direct: (760} 814-9648
LorenW@downstre amservices.com
To: Laguna Beach, CITY of Date:
Attn: Richard Gonzolez Project Name:
Address: 505 Forest Ave Project Location:
Laguna Beach, CA 92651 Email:
ITEM DESCRIPTION
1 Task #1: Quarterly Lift Station Inspections/ Testing at #11, #25, and #26.
1.1 General Site Observations: Observations of lift station building and site conditions. 1.2 Operational Observations: Review of lift station alarms and trends.
1.3 Functionality Testing: Routine checks to verify functionality of station equipment.
1.4 Performance Testing: Provide performance testing to ensure pumps and pump station equipment are functioning properly. 1.5 Provide observation, inspections and testing data reports for all quarterly site visits, and for all emergency site visits. 1.6 Provide recommendation reports for lift station maintenance and repairs. 81.7 Provide estimated costs for repairs or replacement.
Year 1
Year 2
2 Option Year(s)
3 Task #2: See Attached PW Rate Sheet
4 Task #3: See Attached ER PW Rate Sheet
TERMS AND CONDITIONS:
1) This proposal wil l remain valid for a period of ninety (90} days from the date set forth above.
Appendix A
7/9/2025
Laguna beach lift station mainteneace services
Varous loacations around the City of Laguna Beach
Rgo nza les@lagu n a beach city. net
QTY UNIT UNIT PRICE ITEM TOTAL
4.0 EA $ 7,778.00 $ 31,112.00
4.0 EA $ 8,011.00 $ 32,044.00
TSO
TSO
TSO
TOTAL ESTIMATED COST $ 63,lSG.00
2) Progress and final payments are to be made to Downstream Services, Inc. per the California Business and Professions Code §7108.5, Public Contract Codes §§10261.5, 10262, 10853, and Civil Codes §8800, 8810-8822. For federal projects, 31 U.S. Code Chapter 39: Prompt Payment applies. 3) Payment terms are Net 30-45 days, with a service charge of 10-24% per annum applied to all past due accounts, as specified by the applicable code above . 4) Contract bond premium is not included in the unit prices and can be supplied, if requested, at the additional cost of 1.5% of the contract amount. 5) A 15% markup applies to sampling, testing, disposal and materials. 6) Hours over eight (8) per shift are considered overtime. 7) Hours over twelve (12) per shift are considered double time . 8) State prevailing rate of pay.
9) All cleaning water will be decanted onsite.
INCLUSIONS:
1) Disposal of non-hazardous materials.
2) Mobilization and travel of crew and equipment.
EXCLUSIONS:
1) Removal or relocation of existing utilities, buried structures, rock or cemented soils . 2) Third party material sampling and testing.
Lagunabeach_bid proposal_V2
34 HOURLY RATES
PREVAILING WAGE
Please check one : D State Prevailing Wage D Federal Davis Bacon lWiil ii. -,11 -Ill
~
1 EA Emergency Response Fee (per 1 to 2-Person Crew)
2 LS Mobilization/ Demobilization (quoted per project)
3 DAY Lodging Expenses (quoted per project)
4 DAY Meals & Incidental Expenses ($74/person daily)
5 DAY Fall Protection/Confined Space Entry Equipment (per unit) 6 DAY SCBA Equipment (per unit)
7 LS Sampling, Testing and Disposal (guoted per project) 8 LS Materials (quoted per project)
9 LS Prevailing Wage Contract Administration Fee
Operated Eauipment·
lmlw ~ - m,, n- e1 ■ 111
- 10 HR Camel Jet/Vacuum Combo Truck
11 HR Mini Pumper Truck 750 Gallon
12 HR Trailer Jetter w/ Pickup Truck
13 HR Pumper Truck 4,000 Gallon
14 HR Water Truck 2,000 Gallon
15 HR CCTV Inspection Truck
16 HR Robotic Cutter Truck
17 HR Traffic Control Truck (includes arrow board, signs and cones) 18 HR Roll Off Truck
19 HR 3 Ton Crane Truck
20 HR Multi-Tool Excavator 50,000 lbs*
21 HR Backhoe/Mini-Excavator/Skid Steer/Wheel Loader*
Non-Operated Eauipment:
IWiil ii'. •1111111 - rn:,,.
22 HR Pickup Truck
23 HR Utility Truck
24 HR Specialty Cleaning Nozz le (Grease Cutter, Chain Flail, etc.) 25 DAY Tamper/Compactor
26 DAY Jackhammer/Air Compressor
27 DAY Dump Trailer
28 DAY Attenuator Trailer
29 DAY Changeable Message Board
30 DAY Flashing Arrow Board
31 DAY 2-lnch Submersible Pump
32 DAY 3-lnch Trash Pump
33 DAY 4-lnch Hydraulic Pump with Power Unit
34 DAY 4 to 6-lnch Bypass Trailer with Vacuum Assist Pump 35 LF 4 to 6-lnch Discharge Hose ($1/ft daily)
36 DAY Generator 6500 Watt
37 DAY Transportable Treatment Unit 10-15 Cubic Yard *
38 DAY Transportable Treatment Unit 20 Cubic Yard *
* Delivery fees apply
Labor:
40 2855 Progress Place
Escondido, CA 92029
Offsite Fabri cater/Welder
Offsite Systems/QAQC Analyst
(760) 746-2544 I (800) 262 -0999
Revised Oct 2024
$ 250.00
$ -
$ -
$ 74.00
$ 450.00
$ 250.00
$ -
$ -
$ 500.00
$ 310.00
$ 230.00
$ 207.00
$ 239.00
$ 223.00
$ 227.00
$ 304.00
$ 191.00
$ 224.00
$ 193.00
$ 275.00
$ 226.00
$ 23.00
$ 45.00
$ 5.00
$ 167.00
$ 234.00
$ 263.00
$ 525.00
$ 263.00
$ 147.00
$ 111.00
$ 177.00
$ 591.00
$ 787.00
$ 1.00
$ 118.00
$ 66.00
$ 74.00
$
$
0 Federal SCA
•
•
•
17' -.r, :1~u
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
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$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
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$ -
$ -
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$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
www.downstreamservices.com
Contractor's Li cense 8079 53
A, C31, HAZ
35 Labor:
41 42
43 44
45 46
HR Offsite Project Manager
HR Onsite Safety Manager
HR Foreman w/ Pickup Truck
HR Operator**
HOURLY RATES
PREVAILING WAGE
It •.1. ... -:. --.Ill
HR Instrumentation Technician w/ Utility Truck
HR Laborer**
**Rate listed covers Apprentices and Skilled & Trained Journeypersons Terms and Conditions:
• Hourly rates are portal to portal and subject to a four (4) hour minimum $ 164.00
$ 164.00
$ 209.00
$ 185.00
$ 227.00
$ 154.00
• Hours over eight (8) per shift are considered overtime (operated equipment and labor rates listed plus 35%) •
• Hours over twelve (12) per shift are considered double time (operated equipment and labor rates listed plus 50%) • Overtime applies to Saturday work (operated equipment and labor rates listed plus 35%) • Double time applies to Sunday work and recognized holidays (operated equ ipment and labor rates listed plus 50%) • A 15% markup applies to work scheduled between the hours of 5 PM and 5 AM (total amount invoiced plus 15%) • A 15% markup applies to sampling, testing, disposal and materials (rates listed plus 15%) • Offsite mobilization/demobilization wil l be invoiced at the listed hourly rates (overtime and double time rates may apply) • Vehicles are equipped with ELDs and commercia l drivers are limited to fourteen (14) hour shifts • Lodging and Meals & Incidental Expenses are based on current federal per diem rates • Cancellations must be received by 3 PM the day prior. Cancellations received after 3 PM will result in a four (4) hour minimum charge at the rate listed. Lodging rates may still apply. • Bonds, licenses, permits and site specific safety submittals are excluded and can be quoted on a per project basis I_• I11r• I111t11
$
$
$
$
$
$
$
• Insurance coverage includes a blanket add itional insured endorsement. Owner to carry general liability, workers' compensation and other necessary insura nee.
• Client shall immediately notify Downstream Services, Inc. if project requires utilization of Apprentices and/or a Skilled and Trained Workforce (STW)
• Proposal wil l be valid for a period of thirty (30) days • Progress and fina l payments are to be made to Downstream Services, Inc. per the California Business and Professions Code §7108.5, Public Contract Codes §§10261.5, 10262, 10853, and Civi l Codes §8800, 8810-8822. For federal projects, 31 U.S. Code Chapter 39 :
Prompt Payment applies.
-
-
-
-
-
-
2855 Progress Place
Escondido, CA 920 29
(760) 746-2544 I (800) 262-0999
Revised Oct 20 24
www.downstreamservices.com
Contractor's Li cense 80795 3
A, C3 1, HAZ
36 ~ --Stream EMERGENCY RESPONSE HOURL y RATES
~ -· Services, Inc. PREVAILING WAGE
Please check one : □ State Prevailing Wage □ Federal Davis Bacon l.iI[ij] U· •lllhlli
m:i. - 1 EA Emergency Response Fee (per 1 to 2-Person Crew) 2 LS Mobilization/Demobilization (quoted per project)
3 DAY Lodging Expenses (quoted per project)
4 DAY Meals & Incidental Expenses ($74/person daily)
5 DAY Fall Protection/Confined Space Entry Equipment (per unit) 6 DAY SCBA Equipment (per unit)
7 LS Sampling, Testing and Disposal (quoted per project) 8 LS Materials (quoted per project)
9 LS Prevailing Wage Contract Administration Fee
Operated EQuipment:
l.iI[ij] U· -1111111 - m:,,
10 HR Camel Jet/Vacuum Combo Truck
11 HR Mini Pumper Truck 750 Gallon
12 HR Trailer Jetter w/ Pickup Truck
13 HR Pumper Truck 4,000 Gallon
14 HR Water Truck 2,000 Gallon
15 HR CCTV Inspection Truck
16 HR Robotic Cutter Truck
17 HR Traffic Control Truck {includes arrow board, signs and cones) 18 HR Roll OffTruck
19 HR 3 Ton Crane Truck
20 HR Multi-Tool Excavator 50,000 lbs*
21 HR Backhoe/Mini-Excavator/Skid Steer/Wheel Loader*
Non-Operated EQuipment·
mm
~ llt.1~--i .. 1 •llll•HI
- 22 HR Pickup True
23 HR Utility Truck
24 HR Specialty Cleaning Nozzle (Grease Cutter, Chain Flail, etc.) 25 DAY Tamper/Compactor
26 DAY Jackhammer/Air Compressor
27 DAY Dump Trailer
28 DAY Attenuator Trailer
29 DAY Changeable Message Board
30 DAY Flashing Arrow Board
31 DAY 2-lnch Submersible Pump
32 DAY 3-lnch Trash Pump
33 DAY 4-lnch Hydraulic Pump with Power Unit
34 DAY 4 to 6-lnch Bypass Trailer with Vacuum Assist Pump 35 LF 4 to 6-lnch Discharge Hose ($1/ft daily)
36 DAY Generator 6500 Watt
37 DAY Transportable Treatment Unit 10-15 Cubic Yard *
38 DAY Transportable Treatment Unit 20 Cubic Yard *
* Delivery fees apply
Labor:
Offsite Fabricator/ Welder
40 HR Offsite Systems/QAQC Analyst
2855 Progress Pl ace
Escondido, CA 92029
(760) 746·2544 I (800) 262-0999
Revised Oct 20 24
$ 250.00
$ -
$ -
$ 74.00
$ 450.00
$ 250.00
$ -
$ -
$ 500.00
$ 419.00
$ 311.00
$ 279.00
$ 323.00
$ 301.00
$ 306.00
$ 410.00
$ 258.00
$ 302.00
$ 261.00
$ 371.00
$ 305.00
$ 23.00
$ 45.00
$ 5.00
$ 167.00
$ 234.00
$ 263.00
$ 525.00
$ 263.00
$ 147.00
$ 111.00
$ 177.00
$ 591.00
$ 787.00
$ 1.00
$ 118.00
$ 66.00
$ 74.00
$
$
□ Federal SCA
•
•
•
1 ..... 11111iil
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
;:··,,.,ir,1n111
$ -
$ -
$ -
$ -
$ -
$ -
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$ -
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$ -
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$ -
$ -
$ -
$ -
$ -
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$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$ -
$
$
www.downstreamservices.com
Contractor's License 807953
A, C31 , HAZ
37 ~ ---St EMERGENCY RESPONSE HOURLY RATES ~ •• ~m PREVAILING WAGE Labor:
llIE] - - m,. U· .....
- 41 HR Offsite Project Manager
42 HR Onsite Safety Manager
43 HR Foreman w/ Pickup Truck
44 HR Operator**
45 HR Instrumentation Technician w/ Utility Truck
46 HR Laborer**
* *Rate listed cavers Apprentices and Skilled & Trained Jaurneypersons Terms and Conditions:
• Hourly rates are portal to portal and subject to a four (4) hour minimum $
$
$
$
$
$
221.00
221.00
282.00
250.00
306.00
208.00
• Hours over eight (8) per shift are considered overtime (operated equipment and labor rates listed plus 35%) •
• Hours over twelve (12) per shift are considered double time (operated equipment and labor rates listed plus 50%) • Overtime applies to Saturday work (operated equipment and labor rates listed plus 35%) • Double time applies to Sunday work and recognized holidays (operated equipment and labor rates listed plus 50%) • A 15% markup applies to work scheduled between the hours of 5 PM and 5 AM (total amount invoiced plus 15%) • A 15% markup applies to sampling, testing, disposal and materials (rates listed plus 15%) • Offsite mobilization/demobilization will be invoiced at the listed hourly rates (overtime and double time rates may apply) • Vehicles are equipped with ELDs and commercia l drivers are limited to fourteen (14) hour shifts • Lodging and Meals & Incidental Expenses are based on current federal per diem rates • Cancellations must be received by 3 PM the day prior. Cancellations received after 3 PM will result in a four (4) hour minimum charge at the rate listed. Lodging rates may still apply. • Bonds, licenses, permits and site specific safety submittals are excluded and can be quoted on a per project basis i-'\•Telllllll
$
$
$
$
$
$
$
• Insurance coverage includes a blanket additiona l insured endorsement. Owner to carry general liabi lity, workers' compensation and other necessary insura nee.
• Client shall immediately notify Downstream Services, Inc. if project requires utilization of Apprentices and/or a Skilled and Trained Workforce (STW)
• Proposal will be valid for a period of thirty {30) days • Progress and final payments are to be made to Downstream Services, Inc. per the California Business and Profess ions Code §7108.5, Public Contract Codes §§10261.5, 10262, 10853, and Civil Codes §8800, 8810-8822. For federa l projects, 31 U.S. Code Chapter 39 :
Prompt Payment applies.
-
-
-
-
-
-
2855 Progress Place
Escondido, CA 92 029
(760) 746-2 544 I (800) 262-0999
Revised Oct 2024
www.downstreamservices.com
Co ntracto r's Li cense 807953
A, C3 1, HAZ
38 WESTERN ELECTRICAL CONTRACTING, INC ..
QUOTATION FOR WORK
CUSTOMER INFORMATION SITE INFORMATION
CONTACT Clark Roberts CONTACT Clark Roberts
PROJECT City of Laguna Beach PROJECT City of Laguna Beach ADDRESS 2855 Progress Pl ADDRESS
Escondido CA 92029
PHONE 760.746.2544 PHONE 760.746.2 544
WESTERN ELECTRICAL CONTRACTING (WEC) IS PLEASED TO OFFER THE FOLLOWING QUOTATION:
WORK TO BE DONE: I
WEC to provided T&M electrical services for the demo, repairs of pump station(s) and other general electrica l services requested by Downstream in the City of Laguna Beach, in the county of Orange. Customer to provide specialty equipment unless otherwise requested at cost plus, and schedule/coordinate LOTO with end user. **Special build requirements by end user will be coordinated thru Downstream to WEC ahead of time. WEC will require access to site during normal business hours for completion of SOW.
ADDITIONAL INFORMATION: I
All work to be done in a neat and workmanship manner to comply with local, state and federal building codes.
Working hours will be M -F 6:30am-5:00pm M-F,. 5) 8hr days portal to portal. Access to the project will be required during working hours. *Certifications, Trainings, Badging or other special job requirements may be charged at T&M rates*
CONTRACT VALUE: I I PAYMENT TERMS: INET 15 I WARRANTY: I $225/hr; Standard rate Electrician NA
$175/hr; Standard rate
Cost plus 15%
Laborer
Materials
THIS PRICE DOES NOT INCLUDE:
FEES, PERMITS AND/OR 3RD PARTY UL OR SIMILAR CERTIFICATION
ENGINEERING DESIGNS, DRAWINGS, CALCULATIONS OR SUBMITTALS UNLESS NOTED OTHERWISE
CHANGES NECESSARY TO MEET CURRENT CODE/AHJ REQUIREMENTS OR ANY CORRECTIONS TO MSB
DEMO AND/OR DISPOSAL OF EXISTING SYSTEMS AND/OR STRUCTURES UNLESS NOTED ABOVE
THIRD PARTY TESTING, CIRCUIT BREAKER TRIP SETTING ENGINEERING AND/OR TESTING
TEMP POWER, LIGHTING OR SECURITY FOR ANY OUTAGE RELATED TASK OR DURING CONSTRUCTION
ALL WASTE IS TO BE DISPOSED OF ON SITE, CONTAINER AND SANITATION PROVIDED BY OTHERS
HEAVY EQUIPMENT RENTALS OF ANY KIND, MINI EX, TRENCHERS, WALKERS, COMPACTORS
ANY MATERIALS PROVIDED BY OTHERS MUST BE UL LISTED AND RATED FOR THE APPLICATION
DRYWALL, PAINTING, ROOFING, CABINETRY AND INTERIOR/EXTERIOR NEW CONCRETE OR REPAIRS ALL WORK TO BE DONE DURING NORMAL WORK HOURS (0630 -1700) MONDAY - FRIDAY PRICE IS VALID FOR 15 DAYS FROM 06.16.2025
WEC REPRESENTATIVE SIGNATURE CUSTOMER SIGNATURE
SIGNATURE
NAME Omar 5. Equihua
TITLE Owner
SIGNATURE
NAME
TITLE
Western Electrical Contractings, Inc.
P: 619.246.0387
CA Lie. No. 895435
39