SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RAMCO
GENERAL ENGINEERING CONTRACTORS FOR ON-CALL GENERAL
CONTRACTOR AND MINOR CONSTRUCTION SERVICES
COVER PAGE
Contractor: Ramco General Engineering Contractors
Responsible Principal of Contractor: Emilio Ramirez, Owner Notice Information - Contractor: Ramco General Engineering Contractors P.O. Box 920878
Sylmar, CA 91392
Attention: Emilio Ramirez, Owner
Telephone: (818) 272-4221
Notice Information - City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Daniel Wall,
Director of Public Works
Telephone: (323) 583-8811 ext. 305
Commencement Date: March 21, 2023
Termination Date: March 20, 2026
Consideration:
Records Retention Period
Total not to exceed $350,000 (includes all
applicable sales tax); and more particularly
described in Exhibit B
Three (3) years, pursuant to Section 11.20
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND RAMCO GENERAL
ENGINEERING CONTRACTORS FOR ON-CALL GENERAL CONTRACTOR AND MINOR
CONSTRUCTION SERVICES
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and Ramco General Engineering Contractors, a California corporation (“Contractor”).
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to perform the services as hereinafter set forth as authorized by the City Council on March 21, 2023.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set forth in the City’s Request for Proposals issued on or about February 7, 2023, and titled On-Call General Contractor and Minor Construction Services, and Contractor's proposal to the City ("Proposal") dated February 21, 2023, Exhibit “A”, a copy which is attached to and incorporated into this Agreement by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed in a competent, professional, and satisfactory manner in accordance with the prevailing industry standards for such services.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own expense, all personnel required to perform the services under this Agreement.
3.2 Contractor shall not subcontract any services to be performed by it under this Agreement without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or by City approved subcontractors. Contractor, and all personnel engaged in the work, shall be fully qualified and authorized or permitted under State and local law to perform such services and shall be subject to approval by the City.
4.0 TERM. The term of this Agreement shall commence on March 21, 2023, and it shall continue until March 20, 2026, unless terminated at an earlier date pursuant to the provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are comparable to and do not exceed the best rates offered to other governmental entities in and around Los Angeles County for the same services. For satisfactory and timely performance of the services, the City will pay Contractor in accordance with the payment schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference.
5.2 Contractor's grand total compensation for the entire term of this Agreement, shall not exceed $350,000 without the prior authorization of the City, as appropriate, and written amendment of this Agreement.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary and incidental labor, material, supplies, facilities, equipment, and transportation which may be required for furnishing services pursuant to this Agreement. Materials shall be of the highest quality. The above Agreement fee shall include all staff time and all clerical, administrative, overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related costs and expenses.
5.4 City shall reimburse Contractor only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City.
Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor:
5.4.1 The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement.
5.4.2 Approved reproduction charges.
5.4.3 Actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement.
5.5 Contractor shall not receive any compensation for extra work performed without the prior written authorization of City. As used herein, “extra work” means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the time of execution of this Agreement. Compensation for any authorized extra work shall be paid in accordance with the payment schedule as set forth in Exhibit “B,” if the extra work has been approved by the City.
5.6 Licenses, Permits, Fees, and Assessments. Contractor shall obtain, at Contractor’s sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and
interest, which may be imposed by law and which arise from or are necessary for the performance of the Services by this Agreement.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to the City an invoice for the services completed, authorized expenses, and authorized extra work actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced, including a detailed description of the services completed, the number of hours spent, reimbursable expenses incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice that describes in reasonable detail the services and the extra work, if any, performed in the immediately preceding calendar month.
6.4 Contractor understands and agrees that invoices which lack sufficient detail to measure performance will be returned and not processed for payment.
6.5 City will pay Contractor the amount invoiced within thirty (30) days after the City approves the invoice.
6.6 Payment of such invoices shall be payment in full for all services, authorized costs, and authorized extra work covered by that invoice.
7.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be reasonably necessary for Contractor to perform its services; and will give any required decisions as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's services.
8.0 COORDINATION OF SERVICES. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City’s staff, consultants, and other staff at all reasonable times.
9.0 INDEMNITY. Contractor agrees to indemnify City, its officers, elected officials, employees and agents against, and will hold and save each of them harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities (herein “claims or liabilities”), including but not limited to professional negligence, that may be asserted or claimed by any person, firm or entity arising out of or in connection with the work, operations or activities of Contractor, its agents, employees, subcontractors, or invitees, provided for herein, or arising from the acts or omissions of Contractor hereunder, or arising from Contractor’s performance of or failure to perform any term, provision, covenant or condition of this Agreement, except to the extent such
claims or liabilities arise from the gross negligence or willful misconduct of City, its officers, elected officials, agents or employees.
10.0 INSURANCE. Contractor shall, at its own expense, procure and maintain policies of insurance of the types and in the amounts set forth below, for the duration of the Agreement, including any extensions thereto. The policies shall state that they afford primary coverage.
i. Automobile Liability with minimum limits of at least $1,000,000 combined single limit, including owned, hired, and non-owned liability coverage. ii. Contractor agrees to subrogate automobile liability resulting from performance under this Agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages, injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services. The city of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds and under the Contractors’ policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance.
iii. General Liability with minimum limits of at least $2,000,000 per occurrence and $4,000,000 aggregate written on an Insurance Services Office (ISO) Comprehensive General Liability "occurrence" form or its equivalent for coverage on an occurrence basis.
Premises/Operations and Personal Injury coverage is required. The City of Vernon, its directors, commissioners, officers, employees, agents, and volunteers must be endorsed on the policy as additional insureds as respects liability arising out of the Contractor's performance of this Agreement. The additional insured coverage under the Contractor’s policy shall be primary and non-contributory and will not seek contribution from the City’s insurance or self-insurance. (1) If Contractor employs other contractors as part of the services rendered, Contractor's Protective Coverage is required. Contractor may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein.
(2) Contractor agrees to subrogate General Liability resulting from performance under this agreement by agreeing to defend, indemnify and hold harmless, the City, and its respective employees, agents, and City Council from and against all claims, liabilities, suits, losses, damages,
injuries and expenses, including all costs and reasonable attorney’s fees (“Claims”), which are attributable to any act or omission by the City under the performance of the services.
iv. Professional Errors and Omissions coverage in a sum of at least $1,000,000, where such risk is applicable. Applicable aggregates must be identified and claims history provided to determine amounts remaining under the aggregate. Contractor shall maintain such coverage for at least one (1) year after the termination of this Agreement. v. Contractors Pollution Liability (CPL) policy limit shall provide coverage of no less than $1,000,000 per claim and in the aggregate. Coverage shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically inured; cleanup costs; and costs of defense, including costs and expenses incurred in the investigation, defense, or settlement of claims.
(1) Contractor shall obtain, pay for, and maintain for the duration of the Agreement CPL insurance that provides coverage for liability caused by pollution conditions arising out of the operations of the Contractor.
Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using Subcontractors, the policy must include work performed “by or on behalf” of the insured.
(2) All activities contemplated in the Agreement shall be specifically scheduled on the CPL policy as “covered operation.” In addition, the policy shall provide coverage for the hauling of waste from the Project site to the final disposal location, including non-owned disposal sites. (3) The policy shall specifically provide for a duty to defend on the part of the insurer. The City of Vernon, its officers, employees and agents shall be added to the policy as additional insureds by endorsement. vi. Excess Coverage – Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City before the City’s own insurance or self-insurance shall be called upon to project it as a named insured. Any umbrella liability policy or excess liability policy will in “following form” and will contain a provision to the effect that, if the underlying aggregate is exhausted, the excess coverage will drop down as primary insurance. vii. Contractor shall comply with the applicable sections of the California Labor Code concerning workers' compensation for injuries on the job. In addition, Contractor shall require
each subcontractor to similarly maintain workers’ compensation insurance in accordance with the laws for California for all of the subcontractor’s employees. Compliance is accomplished in one of the following manners:
(1) Provide copy of permissive self-insurance certificate approved by the State of California; or
(2) Secure and maintain in force a policy of workers' compensation insurance with statutory limits and Employer's Liability Insurance with a minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation against City, its directors, commissioners, officers, employees, and volunteers for losses arising from performance of this Agreement; or
(3) Provide a "waiver" form certifying that no employees subject to the Labor Code's Workers' Compensation provision will be used in performance of this Agreement.
viii. Each insurance policy included in this clause shall be endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written notice to City. ix. Insurance shall be placed with insurers with a Best's rating of no less than A-VIII. x. Prior to commencement of performance, Contractor shall furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a form approved by City. City may require complete, certified copies of any or all policies at any time. xi. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Contractor shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection rights for premiums, attorney's fees and costs against Contractor by way of set-off or recoupment from sums due to Contractor, at City's option; (b) immediately terminate this Agreement and seek damages from the Contract resulting from said breach; or (c) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-off or recoupment from any sums due to Contractor.
11.0 GENERAL TERMS AND CONDITIONS.
11.1 INDEPENDENT CONTRACTOR.
11.1.1 It is understood that in the performance of the services herein provided for, Contractor shall be, and is, an independent contractor, and is not an agent, officer or employee of City and shall furnish such services in its own manner and method except as required by this Agreement, or any applicable statute, rule, or regulation. Further, Contractor has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons employed by Contractor in the performance of the services hereunder. City assumes no liability for Contractor’s actions and performance, nor assumes responsibility for taxes, bonds, payments, or other commitments, implied or explicit, by or for Contractor. Contractor shall be solely responsible for, and shall indemnify, defend and save City harmless from all matters relating to the payment of its employees, subcontractors and independent contractors, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
11.1.2 Contractor acknowledges that Contractor and any subcontractors, agents or employees employed by Contractor shall not, under any circumstances, be considered employees of the City, and that they shall not be entitled to any of the benefits or rights afforded employees of City, including, but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term disability or workers' compensation insurance benefits.
11.2 CONTRACTOR NOT AGENT. Except as the City may authorize in writing, Contractor and its subcontractors shall have no authority, express or implied, to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
11.3 OWNERSHIP OF WORK. All documents and materials furnished by the City to Contractor shall remain the property of the City and shall be returned to the City upon termination of this Agreement. All reports, drawings, plans, specifications, computer tapes, floppy disks and printouts, studies, memoranda, computation sheets, and other documents prepared by Contractor in furtherance of the work shall be the sole property of City and shall be delivered to City whenever requested at no additional cost to the City. Contractor shall keep such documents and materials on file and available for audit by the City for at least three (3) years after completion or earlier termination of this Agreement. Contractor may make duplicate copies of such materials and documents for its own files or for such other purposes as may be authorized in writing by the City.
11.4 CORRECTION OF WORK. Contractor shall promptly correct any defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without additional cost to the City. The performance or acceptance of services furnished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects, inaccuracy, or incompleteness.
11.5 RESPONSIBILITY FOR ERRORS. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification and/or explanation as may be required by the City, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.
11.6 WAIVER. The City's waiver of any term, condition, breach, or default of this Agreement shall not be considered to be a waiver of any other term, condition, default or breach, nor of a subsequent breach of the one waived. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and executed by a duly authorized representative of the party against whom enforcement of a waiver is sought.
11.7 SUCCESSORS. This Agreement shall inure to the benefit of, and shall be binding upon, the parties hereto and their respective heirs, successors, and/or assigns.
11.8 NO ASSIGNMENT. Contractor shall not assign or transfer this Agreement or any rights hereunder without the prior written consent of the City and approval by the City Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or transfer shall be null and void and shall constitute a material breach by the Contractor of its obligations under this Agreement. No assignment shall release the original parties from their obligations or otherwise constitute a novation.
11.9 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal, State, County and City laws, ordinances, rules and regulations, which are, as amended from time to time, incorporated herein and applicable to the performance hereof. Violation of any law material to performance of this Agreement shall entitle the City to terminate the Agreement and otherwise pursue its remedies. Further, if the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations Contractor shall be solely responsible for all costs arising therefrom.
11.10 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements in addition to any other relief to which such party may be entitled.
11.11 INTERPRETATION.
11.11.1 Applicable Law. This Agreement shall be deemed an agreement and shall be governed by and construed in accordance with the laws of the State of California. Contractor agrees that the State and Federal courts which sit in the State of California shall have exclusive jurisdiction over all controversies and disputes arising hereunder, and submits to the jurisdiction thereof.
11.11.2 Entire Agreement. This Agreement, including any exhibits attached hereto, constitutes the entire agreement and understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous negotiations, representations, understandings, correspondence, documentation, and agreements (written or oral).
11.11.3 Written Amendment. This Agreement may only be changed by written amendment executed by Contractor and the City Administrator or other authorized representative of the City, subject to any requisite authorization by the City Council. Any oral representations or modifications concerning this Agreement shall be of no force or effect.
11.11.4 Severability. If any provision in this Agreement is held by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be deemed severed from this Agreement, and the remaining provisions shall nevertheless continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion had never been part of this Agreement.
11.11.5 Order of Precedence. In case of conflict between the terms of this Agreement and the terms contained in any document attached as an Exhibit or otherwise incorporated by reference, the terms of this Agreement shall strictly prevail. The terms of the City’s Request for Proposals shall control over the Contractor’s Proposal.
11.11.6 Construction. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.
11.12 TIME OF ESSENCE. Time is strictly of the essence of this agreement and each and every covenant, term, and provision hereof.
11.13 AUTHORITY OF CONTRACTOR. The Contractor hereby represents and warrants to the City that the Contractor has the right, power, legal capacity, and authority to enter into and perform its obligations under this Agreement, and its execution of this Agreement has been duly authorized.
11.14 ARBITRATION OF DISPUTES. Any dispute for under $25,000 arising out of or relating to the negotiation, construction, performance, non-performance, breach, or any other aspect of this Agreement, shall be settled by binding arbitration in accordance with the Commercial Rules of the American Arbitration Association at Los Angeles, California and judgment upon the award rendered by the Arbitrators may be entered in any court having jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of any claim filed or required to be filed against the City and reserves the right to conduct full discovery.
11.15 NOTICES. Any notice or demand to be given by one party to the other must be given in writing and by personal delivery or prepaid first-class, registered or certified mail, addressed as follows. Notice simply to the City of Vernon or any other City department is not adequate notice.
If to the City:
City of Vernon
Attention: Daniel Wall, Director of Public Works
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
RAMCO General Engineering Contractors
Attention: Emilio Ramirez, Owner
P.O. Box 920878
Sylmar, CA 91392
Any such notice shall be deemed to have been given upon delivery, if personally delivered, or, if mailed, upon receipt, or upon expiration of three (3) business days from the date of posting, whichever is earlier. Either party may change the address at which it desires to receive notice upon giving written notice of such request to the other party.
11.16 NO THIRD PARTY RIGHTS. This Agreement is entered into for the sole benefit of City and Contractor and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right or remedy in, under, or to this Agreement.
11.17 TERMINATION FOR CONVENIENCE (Without Cause). City may terminate this Agreement in whole or in part at any time, for any cause or without cause, upon fifteen (15) calendar days' written notice to Contractor. If the Agreement is thus terminated by City for reasons other than Contractor's failure to perform its obligations, City shall pay Contractor a prorated amount based on the services satisfactorily completed and accepted prior to the effective date of termination. Such payment shall be Contractor's exclusive remedy for termination without cause.
11.18 DEFAULT. In the event either party materially defaults in its obligations hereunder, the other party may declare a default and terminate this Agreement by written notice to the defaulting party. The notice shall specify the basis for the default. The Agreement shall terminate unless such default is cured before the effective date of termination stated in such notice, which date shall be no sooner than ten (10) days after the date of the notice. In case of default by Contractor, the City reserves the right to procure the goods or services from other sources and to hold the Contractor responsible for any excess costs occasioned to the City thereby. Contractor shall not be held accountable for additional costs incurred due to delay or default as a result of Force Majeure. Contractor must notify the City immediately upon knowing that non-performance or delay will apply to this Agreement as a result of Force Majeure. At that time Contractor is to submit in writing a Recovery Plan for this Agreement. If the Recovery Plan is not acceptable to the City or not received within 10 days of the necessary notification of Force Majeure default, then the City may cancel this order in its entirety at no cost to the City, owing only for goods and services completed to that point.
11.19 TERMINATION FOR CAUSE. Termination for cause shall relieve the terminating party of further liability or responsibility under this Agreement, including the payment of money, except for payment for services satisfactorily and timely performed prior to the service of the notice of termination, and except for reimbursement of (1) any payments made by the City for service not subsequently performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining substitute performance. If this Agreement is terminated as provided herein, City may require, at no additional cost to City, that Contractor provide all finished or unfinished documents, data, and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.
11.19.1 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
11.20 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access to and the right to audit and reproduce any of the Contractor's records to the extent the City deems necessary to insure it is receiving all money to which it is entitled under the Agreement and/or is paying only the amounts to which Contractor is properly entitled under the Agreement or for other purposes relating to the Agreement.
The Contractor shall maintain and preserve all such records for a period of at least three (3) years after termination of the Agreement.
The Contractor shall maintain all such records in the City of Vernon. If not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or reimburse the City for all reasonable and extra costs incurred in conducting the audit at a location other than the City of Vernon, including, but not limited to, such additional (out of the City) expenses for personnel, salaries, private auditors, travel, lodging, meals, and overhead.
11.21 CONFLICT. Contractor hereby represents, warrants, and certifies that no member, officer, or employee of the Contractor is a director, officer, or employee of the City of Vernon, or a member of any of its boards, commissions, or committees, except to the extent permitted by law.
11.22 HEADINGS. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
11.23 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Contractor or subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code as a penalty paid to the City; provided, however, work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon compensation for all hours worked in excess of 8 hours per day at not less than 1½ times the basic rate of pay.
11.24 PREVAILING WAGES. The provisions of California Labor Code 1770, et seq., regarding the payment of prevailing wages on public works, and related regulations, apply to all City agreements. In addition, the selected consultant and/or any subcontractor must be currently registered and qualified (including payment of any required fee) with the State Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the State Department of Industrial Relations.
11.25 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor certifies and represents that, during the performance of this Agreement, it and any other parties with whom it may subcontract shall adhere to equal employment opportunity practices to assure that applicants, employees and recipients of service are treated equally and are not discriminated against because of their race, religion, color, national origin, ancestry, disability, sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal Employment Opportunity Practices provisions as set forth in Exhibit “C”. [Signatures Begin on Next Page].
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Commencement Date stated on the cover page.
City of Vernon, a California charter City
and California municipal corporation
By: ____________________________
Carlos Fandino, City Administrator
RAMCO General Engineering Contractors, a
California corporation
By:
Name:
Title:
ATTEST:
_______________________________
Lisa Pope, City Clerk
By:
Name:
Title:
APPROVED AS TO FORM:
_______________________________
Zaynah N. Moussa,
City Attorney
EXHIBIT A
CONTRACTOR'S PROPOSAL
On-Call General Contractor and Minor Construction Services February 21, 2023
Proposal sha// remain valid for a period of not less than ninety (90J days from the date of submittal
General Engineering & BuiEding Cc~ntractar
P. t~. $oX'92{~878 S~/!t'r18f, CA 3139
Tee: {$~.g~ X72-~zz~. pax; {s6Z~ z~~-c~~~
Email: er~itio~rarrrcogenera~.corn
Emilio Ramirez, Owner
(818) 272-4221
A M
Gene►ai Engineering & BuBding Cor~iractor
P. O. Box 920878 Sylmar, CA 91392
Tel: (818) 272-4222 Fax: (562) 273.0474
£mail: [email protected]
INTRODUCTION:
RAMCO, General Engineering Contractors is interested in becoming a provider for the "On-Call General Contractor and Minor Construction Services" as advertised by the City of Vernon. RAMCO is a Genera/ Engineering & Bui/dinQ Contractorwith extensive construction experience, in both, the public and private sector. RAMCO has over 20 years of construction knowledge in residential, commercial and industrial projects.
RAMCO has a reputation of completing projects within time and budget.
As an Owner and Civil Engineer, RAMCO is fully qualified to provide the services needed for facility maintenance and tenant improvement work. Our background includes Engineering, Construction management and Construction experience that will help our team complete all construction tasks with high quality standards. In Addition, we are LEED Certified with the Green Building Certification Institute (GBCI) which gives us knowledge of current Green Building Standards that will be implemented into every construction project.
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General Engineering &Building Contractor
P. D. Box 92~37B Sylmar, CA 91392
Tel: (818} 27~-4221 Fax: (562j 273-fi4~4
Email- emilio@ratnwgeneraLcom
PROJECT APPROACH:
RAMCO has a reputation for exceptional project outcomes. Our team has the ability to handle all private public and commercial projects. We balance high caliber operations with value-efficient results, as we thrive on delivering the best to those we are privileged to serve. Our project management approach and philosophy has led to established long-term relationships.
Our Project Management Delivery Approach provides the tools, training, and procedures for coordination of al aspects of a project that involves the integration of duties for all team members (internal/external resources, subs, administration, quality and cost control). Our approach provides safety, an opportunity for corrective action, the tracking of assignments, including change orders, RFIs and cost tracking and invoicing.
When a contract is awarded, our administrative team meets for review and ensuring that the contract is appropriate, to identify a team for project assignment, and to further discuss the application of our philosophy for completing a safe project on time and within budget.
SCOPE OF WORK:
The designated Project Manager will make contact with ownership so that mobilization can begin, in order to execute a work schedule from start to finish and begin supply and equipment requests in an effort to avoid any interruption of work by the general contractor. At this time, all lines of communication would have been stablished with detailed cost estimate and identified project personnel, rates, and hours. Roles, responsibilities, milestones, schedules, cost data, deliverables, a staff management plan, and Health &Safety Plan with an activity hazard analysis (AHA) are included. ~~~~`~
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General Engineering &Building Contractor
P. 0.Box 920878 Sylmar, CA 91392
Tal: (618) 27~-4221 Fax: [562F 273.Od7A
Pmail: [email protected]
WORK PLAN:
The designated Project Manager is in control of all project support, quality, and safety personnel required for the work, including subcontractors. Our relationship with subs is so that subcontractors are also integrated team members committed to our philosophy.
The Project Manager is the main point of contact to address and identify any resource and or assets that may be required from across the company.
ORGANIZATIONAL INFORMATION:
Emilio Ramirez is the Owner and Founder of RAMCO General Engineering contractors.
A construction company with swell-known and honorable reputation. Emilio graduated from the University of Southern California with a Bachelor of Science Degree in Civil Engineering. Emilio than pursue his education by obtaining a Master's in Civil Engineering/Construction Management at Cal State University, Long Beach. Before staring his own company, Emilio worked on numerous construction projects in the Los Angeles area where he gained experience in project coordination, estimating and management at The Parsons Corporation, Butler Engineering, Harris &Associates and Malcom Drilling. Emilio utilized the skills and experiences he acquires, both in school and in his professional career to established RAMCO in 2009. With a passion for foundation and building, Emilio's earned his general contractor's license and has contracts with the City of Santa Monica, City of Beverly Hills, City of West Hollywood, City of Anaheim, City of Newport Beach, City of Bellflower, City of Carson and City Santa Clarity. RAMCO has performed many contracts with the Los Angeles Community College District between 2010 and 2014 at the following campuses: LACCD, LAHC, LAPC, LAMC, and ELAC. Emilio`s leadership has led RAMCO to be a part of the LEED Building Institute, as LEED certified.
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General Engineering &Building Contractor
P. O. Box 920878 Sylmar, CA 91392
Tei: (S18j 272-4221 Fax: (562) 273.0474
£rnalr [email protected]
As the Owner of RAMCO and a detailed oriented individual, I (Emilio Ramirez} will be the main point of contact for all services provided to the City of Vernon. Emilio Ramirez, will be responsible for meeting with City of Vernon personnel, providing estimates, work schedule, coordination of work, and Quality Control. Emilio Ramirez will serve as the Project manager for construction operations.
Francisco Ramirez, Project Manager has over 10 years work experience with RAMCO General Engineering Contractors. Emilio Ramirez: Owner. Francisco has 4year degree in Business Administration. Francisco has extensive experience working in public work projects. Francisco was recently the project manager for the City of Bellflower, John S.
Simms public park project where he maintained strong communication with City officials and staff for the duration of the project. Francisco has extensive knowledge on all trades and is capable of managing construction per plans including addressing any issues that may arise. Francisco has successfully managed small and large contract projects, including estimating projects with positive results. Francisco manages project records: RFIs, Change Orders, employee time sheets, schedule as it relates to scope of work/subcontractors, including final walk-through with city officials. Francisco also maintains ongoing working communication with inspectors, workers and community residents affected by the construction project. Francisco is also familiar with safety requirements and practices as he conducts employee safety trainings.
Jesse Viera, Project Manager: employee has over 10 years work experience with RAMCO General Engineering. Emilio Ramirez: Owner. Jesse provides support to our staff and projects as he is quick to respond when a project needs emergency supplies or equipment. Jesse is also our estimator who makes initial contact with Owners and generates a timely proposal. Jesse is very familiar with building, time and material management and is quick to addressing scope of work. Jesse has a good understanding and knowledge of safety procedures, and he is always making sure that all employees adhere to safety policies. Jesse also maintains professional relationships with City Owners.
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General Engineering & Buliding Contractor
P. O. Box 92 878 Sylmar, CA 91392
Tei: (818j 272-4221 Fax: (562j 273-0474
£mail: emitio@ram[ogeneret.cgm
Kevil Matute, Superintendent: employee has over 10 years work experience with RAMCO General Engineering Contractors, Emilio Ramirez: Owner. Kevil has mostly worked public works projects and is diligent in meeting all contact deadlines. Kevil has worked on many of our City of Santa Monica projects such as: Fire Station #1, Pico Library, Santa Monica Library, Public Safety Memorabilia Display Case project and SM Airport Tile Replacement etc. Kevil is familiar with all safety procedures and maintains good working relationships with all employees. Kevil is organized and maintains good record of all project documentation. Kevil is detail oriented and knowledgeable in reading plans and executing projects accordingly. Kevil is also quick to respond to emergencies should they arise as he is fully equipped with a company truck.
Yolanda Escobar will be the point of contact for all project documentation required.
Yolanda has over 15 years' experience in administrative positions. Yolanda has excellent understanding of all paperwork related to public works projects. Yolanda will be responsible of invoicing certified payroll &general office documentation. She currently manages all contract tracking and employee files, including payroll.
If Subcontractors are required, RAMCO proposes to be the point of contact and schedule subcontractors as work arises.
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General Engineering &Building Contractor
P. O. Box 920875 Sylmar, CA 91342
Tei: (818) 272-4221 Fax: [552} 273-tY37A
Email: [email protected]
REFERENCES/ RECENT PROJECT HISTORY:
1. Joel Jordan, Construction Project Manager
City of Anaheim, Public Works
Tel: 714-765-5052
2. Ulises Benavente, Civil Engineering Assistant
City of Monterey Park, Public Works
Tel: 626-307-1325
3. William Clerk, Architectural Associate
City of Santa Monica, Public Works
Tel: 310-429-6555
4. Christopher Dishlip, Project manager
City of Santa Monica, Architectural Services
Tel: 310-487-6348
5. Tad Banach, Facilities Supervisor
City of Santa Monica, Facilities &Operations
Tel: 424-280-9411
6. Bernardo Iniguez, Public Works Manager
City of Bellflower, Public Works
Tel: 562-760-3250
7. Michael Hotvedt, Project Manager
CALCO Construction Services
Tel: 949-633-8970
8. Gustavo Ibarra, District Construction &Support Services Rancho Santiago Community College District, Public Works Tel: 714-480-7514
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General Engineering &Building Contractor
P. O. Box 920876 Sylmar, CA 91392
Tei: (618) 272-4221 Fax: (562 273.0474
Emali: [email protected]
REFERENCES/ RECENT PROJECT HISTORY (Cont'd):
1. City of Santa Monica, Public Landscape Relocation
Contact: Phillip Ticun, CIP Manager @Tel: 424-330-9683
Email: Phillip.Ticun ct santamonica.gov
Status: This contract was complete on 10/01/2019. Contract amount was $997,038.00. Project was completed on schedule.
Scope of Work: Provide labor, equipment &material to reconstruct of office space, bathroom and locker room as well as replacement of gutters and exterior paint.
2. City of Anaheim, Anaheim Convention Center Car Park #2 Contract: Joel Jordan, Construction Project Manager @Tel: 714-231-8368 Email: jiardanCc~anaheim.net
Status: This contract was completed on 10/16/20. Contract amount was $900,000.00. Project was completed on schedule.
Scope of Work: Provide labor, equipment &material for installation of ticket machines.
3. City of Torrance, Telecommunication Center (Cable Building Addition) Contact: Nina Shroeder, Sr. Business Manager @Tel: 310-618-7140 Email: Nschroeder~torrance.ca.c{ov
Status: This contract was completed on 9/26/2018. Contract amount was $147,446.61. Project was completed on schedule.
Scope of Work: Provide labor, equipment &material to construct new Office addition. Scope of work included demolition, installation of new walls, cabinets, carpet, drywall, painting, plumbing, electrical and mechanical. -:
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General Engineering & Building Contractor
P. O, Box 920878 Sylmar, CA 91332
Tel: (818j 272-4221 Fax: {562} 273-OA74
Emaih emilio@ramcogeneraLcom
PROJECT APPROACH/ METHODOLOGY:
Once a service request is made by the City of Vernon, RAMCO will verify with City Staff the response time needed. If City needs immediate response, RAMCO has the capability to show up to a service request within 2 to 4 hours. RAMCO is able to provide a quick response since RAMCO also provides maintenance services to nearby cities. RAMCO understands the urgency and will make every effort to meet the City's response timeframe.
If the service request requires an assessment prior to deployment of workers, RAMCO's Project Manager (Emilio Ramirez) will be available within 8 hours or sooner to generate an estimate. Deployment of workers will not bean issue. RAMCO keeps a tight schedule and takes pride in meeting deadline.
Please feel free to contact Tad Banach with the City of Santa Monica at 424-280-9411 for verification of similar services, response time, work quality and dependability.
AFFIDAVIT OF NON-COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
ss
COUNTY OF LOS ANGELES )
Emilio Ramirez
and says that he/she is
being first duly sworn deposes
Sole Owner
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title) of RAMCO General Engineering Contractors
(Insert name of bidder)
who submits herewith to the City ofVernon a bid/proposal; That all statements of fact in such bid/proposal are true; That such bid/proposal was not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; That such bid/proposal is genuine and not collusive or sham; That said bidder has not, directly or indirectly by agreement, communication or conference with anyone attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or anyone else interested in the proposed contract; and fiu-ther That prior to the public opening and reading of bids/proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham bid/proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said bidder or anyone else would submit a false or sham bid/proposal, or that anyone should refrain from bidding or withdraw his/her bid/proposal;
c. Did not, in any manner, directly or indirectly seek by agreement, communication or conference with anyone to raise or fix the bidlproposal price of said bidder or of anyone else, or to raise or fix any overhead, profit or cost element of his/her bid/proposal price, or of that of anyone else; d. Did not, directly or indirectly, submit his/her bid/proposal price or any breakdown thereof, or the contents thereof, or divulge information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, or to any individual or group of individuals, except the City of Vernon, or to any person or persons who have a partnership or other financial interest with said bidder in his/her business.
I certify under penalty of perjury that the above information is correct By: ~-`' Title: Owner
Date: 2/21 /2023
March 2013
EXHIBIT B
COST AND FEE SCHEDULE
City of Vernon On-Call General Contractor and Minor Construction Services Request for Proposals
Exhibit C
Cost and Fee Proposal
Service
2023
Hourly
Labor
Rate
2024
Hourly
Labor
Rate
2025
Hourly
labor
Rate
Material
Mark up
(% if any)
Overhead
and Profit
(%)
Other
costs
(Describe
and
estimate)
Pace an X
in this
column if
you would
subcontract
this service
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Drywall `-~2- fS ~`3. v ` -S.l~ -
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Glazing (~ J. (I /: Oct ~ 3~S
Ceramic and Mosaic Tile fjl / S✓ ~ .. U • U~ ``
Plumbing ~ .G~ ~,~5 `~2- -1--,
Electrical /. Z S ~ 2 U' ~ 3.,57J ~`
Painting 'Z.(~ 3 ' ~^ v(~
Roofing - 3~(~ s- ~ ~ _~
Sheet Metal ,~~ - ~ ~~ ~ ~—"'
Flooring 2 '(~c ~ ~ _ C~ ,~
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Lead Abatement Q (~~ ~ L} ,O
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Concrete finishing }-C , ~ 5 `~{F, UCH ~ ~- IJ~
Landscaping ~p ~~(~ O ~ 0~ ~: 0~ , `~ .~.
EXHIBIT C
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the contractor and each subcontractor shall adhere to equal opportunity employment practices to assure that applicants and employees are treated equally and are not discriminated against because of their race, religious creed, color, national origin, ancestry, handicap, sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City, through its awarding authority, provide copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or permit any act which is prohibited by law.