1. Services Agreement - A.M. Ortega Construction, Inc. — Vernon City Council, August 15, 2023

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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND A.M. ORTEGA CONSTRUCTION, INC. FOR NATURAL GAS PROJECT DESIGN, CONSTRUCTION

AND REPAIR SERVICES

COVER PAGE
Contractor: A.M. Ortega Construction, Inc.

Responsible Principal of Contractor: A. Maurice Ortega, President Notice Information – Contractor: A.M. Ortega Construction, Inc. 10125 Channel Road
Lakeside, CA 92040
Attention: A. Maurice Ortega, President
Telephone: (619) 390-1988
Notice Information – City: City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Todd Dusenberry,
General Manager of Public
Utilities
Telephone: (323) 583-8811 ext. 579
Commencement Date: August 31, 2023
Termination Date: August 30, 2026
Consideration: Total not to exceed $690,000 (includes all applicable sales tax); and more particularly
described in Exhibit B
Records Retention Period Three (3) years, pursuant to Section 11.20

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SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND A.M. ORTEGA CONSTRUCTION, INC. FOR NATURAL GAS PROJECT DESIGN, CONSTRUCTION AND

REPAIR SERVICES
This Agreement is made between the City of Vernon, a California charter City and California municipal corporation (“City”), and A.M. Ortega Construction, Inc., 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 August 15, 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 May 15, 2023, and titled Natural Gas Project Design, Construction and Repair Services, and Contractor's proposal to the City ("Proposal") dated June 1, 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 August 31, 2023, and it shall continue until August 30, 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

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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 $690,000 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

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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

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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,

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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

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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.

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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.

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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

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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

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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: Todd Dusenberry, General Manager of Public Utilities 4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:

A.M. Ortega Construction, Inc.

Attention: A. Maurice Ortega, President
10125 Channel Road
Lakeside, CA 92040
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.

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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

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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

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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].

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EXHIBIT A

CONTRACTOR'S PROPOSAL
California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 City of Vernon
Gas Project Design – Construction & Repair Services RFP Due: June 1, 2023
Time: 2:00 PM
Proposal Prepared By: Paul Makar,
California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 June 1, 2023
City of Vernon
Attention: Claudia Arellano, Utilities Program Analyst
4305 Santa Fe Ave.

Vernon, CA. 90058
RE: Natural Gas Project Design – Construction & repair Services

Dear Mr. Claudia,
A.M. Ortega Construction, Inc. is pleased to submit this proposal to provide Natural Gas Project Design – Construction & Repair Services to the City of Vernon on an as-needed basis. If this contract is awarded to A.M. Ortega, we will field crews comprised of craft workers represented by the IBEW Local 47 and the UA Locals 250, 345, and 469, under the overall supervision of A.M. Ortega’s Director of operations, Valorus Cromwell. services will be provided in-house by A.M. Ortega’s staff of professional utility system designers, and civil engineering services will be provided by our subcontractor partners for our work with City of Vernon.

A.M. Ortega will comply with the general conditions as stipulated in the RFP instructions, and any applicable special terms and conditions which may be applicable to individual projects awarded under the agreement. We agree to furnish all necessary and incidental labor, services, materials, supplies, insurance, equipment and transportation, tools, and other facilities required for the prompt and efficient execution of the work at the appropriate hourly rates for labor and equipment, and at Cost Plus 10% for materials and services provided by vendors and subcontractors.

This proposal is based upon an as-needed construction schedule to be determined by the City of Vernon, where the term of the Contract shall not exceed One (1) year. This proposal is valid for a period of not less than ninety (90) days.

A.M. Ortega has a well-established safety program, detailed in the Safety Program section of this proposal, which has led to an excellent safety record. Our Experience Modification Ratings (EMR) for the previous three years are 1.09 (2020), 1.23 (2021), and 0.96 (2022). You will find a detailed explanation of these EMR in the Safety Section.

This proposal includes work to be performed by specialty subcontractors, including Utilicoor Engineering, California Boring, RTL Equipment, & Penhall Company. A.M. Ortega also employs 3rd party vendors for trucking and hauling, dump fees, and materials deliveries which vary depending on the project. A.M. Ortega reserves the right to substitute qualified subcontractors for non-specialized work as needed to complete the work.

California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Introduction & General Scope
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 A.M. Ortega Construction, Inc. has been providing Natural Gas Construction and Repair Support to the City of Vernon under a substantially similar contract for the past 9 years. Under the existing agreement, A.M. Ortega has deployed forces to assist the city in the installation of underground pipeline facilities on the 6” PE Distribution System and the 10” Steel Transmission System. We are intimately familiar with the City of Vernon’s Standard Operating Procedures for the award and performance of work under this agreement and are prepared to continue providing excellent customer service and the highest quality workmanship for the City’s natural gas facilities.

For the purposes of clarity, A.M. Ortega Construction, Inc understands the general scope of work for the Natural Gas Project Design – Construction and Repair services project to entail the following tasks to be performed on an as-needed basis, as indicated for the duration of the Service Agreement, by the City of Vernon:
• Provide project design services for the City’s Natural Gas System, as needed. • Prepare construction plans and as-builts in relation to VPU’s natural gas infrastructure and projects.
• Provide full construction package of work performed upon project completion. • Package could include but is not limited to documents of tests performed, as-builts, • etc., as determined by City staff.
• Consult with City Staff to explore design and construction operations to solve complex natural gas issues.
• Construction and repair support services to be performed by operator qualified personnel include, but are not limited to:
o Welding high-pressure steel gas pipe
o Fusion of PE distribution lines
o Pressure testing of steel and PE pipe (with appropriate documentation) o Excavation and installation of steel or PE pipe
o Shoring of trenches and excavations
o Technical and maintenance support of regulator stations o Obtaining encroachment permits and perform traffic control management. • Emergency and other support services include:
o Recovery from an unforeseen event or natural disaster such as a major earthquake o Gas system support with operator qualifies personnel, as needed, in the even VPU does not have sufficient resources.
• 6” polyethylene (PE) gas distribution system
California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Introduction & General Scope
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 • 10” high pressure steel gas transmission system
• Two distribution regulator stations
• Welding of high-pressure steel gas pipe
• Fusion of PE distribution line
• Pressure testing of steel and PE pipe
• Excavation and installation of steel or PE pipe
• Shoring of trenches and pits above gas lines
• Technical and maintenance support or regulator stations • Pipeline damage repair
• Recovery from a natural disaster such as a major earthquake • Gas system support, as needed, in the event the City does not have sufficient resources • Specialty smoothing of two or more sharp bends in the ten-inch steel transmission line prior to the next in-line assessment to occur in 2018 or earlier. • Obtain encroachment permit and traffic control management. • Any additional work as needed for the City’s natural gas infrastructure. • Identify Operator Qualification (OQ) provider i.e., Energy WorldNet, Veriforce, etc. • Provide OQ records of all employees working on City projects.

A.M. Ortega further understands that the scope is not limited to the above-listed tasks.

We are familiar with the City’s project-based award system, where individual projects are budgeted using the contract rates prior to the start of work on a Not to Exceed basis.

Furthermore, we are accustomed to the City’s procedures for inspections, Operator Qualifications review, and permitting.

California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Work Plan
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 A.M. Ortega Construction, Inc., has been serving all of Southern California since 1974. At present, A.M. Ortega has 2 central office locations and several other dispatch yards. Our workforce consists of over 200 field employees in both our Gas Pipeline and Conduit Divisions.

Our office and administrative team consist of approximately 50 Accounting Specialists, Estimators, Project Managers, Administrative Professionals, and Senior Management roles. In addition, our Fleet Maintenance Department is fully staffed with mobile and shop-based mechanics. Our Paving and Grading Divisions, based out of the Lakeside Corporate Headquarters, support Pipeline and Conduit projects throughout our service area.

A.M. Ortega Construction, Inc., is prepared to field up to eight individual crews to complete projects covered by this RFP. These crews will be compromised of craft workers represented by the International Brotherhood of Electrical Workers (IBEW), Local Union 47 and Local Union 569, and the United Association Union of Plumbers, Fitters, Welders, and Service Technicians, Local Unions 250, 345, and 460. A.M. Ortega crews are composed entirely of men and women represented by these unions. Our crews will be sized according to the volume of work included in each project, and the schedule constraints of that project.

Additionally, our in-house Design Team can provide project design and support for the needs of the City’s Natural Gas System. Our designers are familiar with the City’s design standards and criteria and have experience of recent projects including the 26th Street Bridge Pipeline Installation, which was designed by A.M. Ortega.

In general, a crew for Gas System Construction & Repair Services would have 3 -8 members, including:
(1) Foreman
(1 - 2) Equipment Operators
(1) Arc Welder or Polyethylene Fuser
(1) Welder’s or Fuser’s Helper or Apprentice
(1 - 6) Underground Technicians or Metal Trades Laborers Such a crew would be provided with the following equipment:
(1 - 2) Crew Truck(s) (F-450 Utility Bed or Similar)
(1) Welder’s Rig
(1 - 2) Backhoe Loaders
(1) PE Pipe Dolly (If needed)
(1) Air Compressor, 185 CFM
(1) Pipe Trailer
A.M. Ortega has in-house design professionals ready to provide natural gas transmission, distribution and regulator station, design, engineering, project management and construction California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Work Plan
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 management services. We offer a wide range of support services and programs.

The inhouse Design team consists of:
(1) Design Manager
(4) Designers
(1) Drafter
Plus Sub-Consultant Engineers as needed.

Some of our capabilities include:

Design/build programs
Maintenance programs
Full-service engineering and design
programs
Project Management services
PLSCADD and CAD mapping and drafting
design services
Line and service extensions
Constructability reviews
Material procurement and management
programs
Emergency and after-hours action
planning/response services
Regularly scheduled climbing inspection
and utility look-up
Transmission engineering projects
Distribution system inventory and condition
assessment services
Residential, commercial, and industrial
distribution design services
GPS survey services
Gas regulator stations
Large meter stations
Pipe and fitting sizing
CNG stations
DOT line relocations
Main extensions
Material specifications
System updates.

Site surveys
Contract administration
Construction inspection and management
services
DOT permit applications
ROW requirements and acquisition
Project resource loading
Engineering, Procurement and Construction
(EPC)
Development of strategies and processes
Logistical planning
Safety and quality plans for site personnel
management
Testing and commissioning support
Construction staking and field coordination.

Additional third-party dump trucks, ready mix concrete trucks, and other delivery vehicles would be employed as needed.

Generally speaking, A.M. Ortega is presently able to respond to an emergent request for service in the City of Vernon with as little as one day’s advance notice, provided that the project is already prepared for work, including Underground Service Alert mark-out and permitting by the City. For non-emergency work, we are able to respond to requests for budgeting within one California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Work Plan
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 business day; work can begin as early as 3 working days following acceptance of a budget proposal by the city and issuance of a job package and permit for construction.

Throughout our 47-year history, A.M. Ortega has provided exceptional service to our utility company and private customers. Working to ensure that all our projects are completed on time and within the budget constraints provided, we have built a team of Superintendents, Estimators, Project Managers, Foreman, and field employees who are experts in the Companies’ standards, municipal requirements, and safe work practices for the installation of electric and communications conduits and gas pipelines.

A.M. Ortega crews are prepared to take on dry utility construction projects from the generating station to the customer house connection anywhere in the Southwest. With completed projects at every level of complexity, from riser replacements, customer secondary connections, and telecommunications service conduits to complete Rule 20A Distribution Conversions, Underground Electric Transmission duct bank projects, high pressure steel pipeline installations, and plastic main replacements with service tie-overs, as well as new development construction, A.M. Ortega crews have the experience necessary to continue to provide exceptional quality and on time completions for projects in Southern California and beyond.

California Contractor’s License # A, C10 - 486311
A Certified Minority Business Enterprise
Corporate Office: 10125 Channel Rd. Lakeside, CA. 92040 (619) 390-1988 (619) 390-1941 Inland Empire: 224 N. Sherman Ave. Corona, CA. 92882 (951) 360-1352 (951) 681-5920 Rates valid through August 31, 2026
Prevailing Wage Time and Equipment (Hourly) Rates
For Work Performed for: City of Vernon
Service Short Text UOM
September
1, 2022, to
August 31,
2023
September
1, 2023, to
August 31,
2024
September
1, 2024, to
August 31,
2025
September
1, 2025, to
August 31,
2026
Foreman (DT) HR $270.06 $274.15 $285.12 $299.37
Foreman (ST) HR $155.20 $157.54 $163.84 $172.03
Foreman (TH) HR $212.62 $215.85 $224.48 $235.71
Foreman (PVG) HR $200.38 $206.39 $214.64 $225.37
Laborer (DT) HR $144.13 $148.45 $154.39 $162.11
Laborer (ST) HR $83.15 $85.65 $89.07 $93.52
Laborer (TH) HR $111.98 $115.35 $119.96 $125.96
Laborer (PVG) HR $118.96 $122.53 $127.43 $133.80
Welder-ARC (DT) HR $199.56 $205.54 $213.76 $224.45
Welder-ARC (ST) HR $111.98 $144.26 $150.03 $157.53
Welder-ARC (TH) HR $155.22 $159.88 $166.27 $174.59
Polyethylene Fuser (DT) HR $199.56 $205.55 $213.77 $224.46 Polyethylene Fuser (ST) HR $111.98 $115.34 $119.95 $125.95 Polyethylene Fuser (TH) HR $155.22 $159.88 $166.27 $174.59 Equipment Operator (DT) HR $199.56 $205.55 $213.77 $224.46 General Conditions:
** 4 Hour minimum for all Labor and Equipment ** Equipment Delivery Time is Billable** ** All billings shall be portal to portal from the time of dispatch to the return to the location of dispatch. ** Workmen called out form home shall be billable until time of return home. ** The Customer shall bear all responsibility for permits, authorizations, rights of entry, plans, specifications, and direction of the work, and shall be responsible for the cost of same. ** All crews composed of workmen covered by these rates shall include a Foreman. ** The selection of the Foreman shall be made by A.M. Ortega based on the type of work performed. ** Teeth, cutting edges, and consumable parts shall be considered billable. ** Standard rates are for the first 8 hours of the workday, starting and ending between 7:00 AM and 5:00PM Monday through Friday.
** Double time rates are for work after the 12th hour in a single day, and for work starting after 9:00 PM or before 7:00 AM Monday to Saturday, and on all Sundays and Holidays. ** It is assumed that a single crew will carry a job to completion – crews will not be rotated during an active job.

Designer (Journeyman) HR $147.27 $151.69 $157.76 $165.64 Sr. Designer HR $153.68 $158.29 $164.62 $172.85
Supervising Designer HR $184.70 $190.24 $197.85 $207.74

Service Short Text UOM
September
1, 2022, to
August 31,
2023
September
1, 2023, to
August 30,
2024
September
1, 2023, to
August 30,
2024
September
1, 2023, to
August 30,
2024
AirCompr-185CFMwJckHamrClay Digger & hose HR $21.70 $22.35 $23.25 $24.41 Arrow Board HR $9.14 $9.41 $9.79 $10.28
Breaker for 580 Backhoe HR $35.00 $36.05 $37.49 $39.37
Breaker for 710 Backhoe HR $43.67 $44.98 $46.78 $49.12
Backhoe-580 HR $44.50 $45.84 $47.67 $50.05
Backhoe-580 w/hammer
attachment HR $80.70 $83.12 $86.45 $90.77
Backhoe-710 HR $70.36 $72.47 $75.37 $79.14
Backhoe-710 w/hammer
attachment HR $114.03 $117.45 $122.15 $128.26
Type II Barricade DAY $0.37 $0.38 $0.40 $0.42
Type II Barricade HR $0.86 $0.89 $0.92 $0.97
Bobcat / Skidsteer HR $48.87 $50.34 $52.35 $54.97
Bobcat / Skidsteer w/ attachment HR $83.89 $86.41 $89.86 $94.36 Chipping Gun HR $3.02 $3.11 $3.24 $3.40
Large Compactor HR $40.35 $41.56 $43.22 $45.38
Delineators/Cones HR $0.29 $0.30 $0.31 $0.33
Delineators/Cones DAY $0.40 $0.41 $0.43 $0.45
California Contractor’s License # A, C10 - 486311
A Certified Minority Business Enterprise
Corporate Office: 10125 Channel Rd. Lakeside, CA. 92040 (619) 390-1988 (619) 390-1941 Inland Empire: 224 N. Sherman Ave. Corona, CA. 92882 (951) 360-1352 (951) 681-5920 Core Drill up to 10” HR $201.04 $207.07 $215.35 $226.12 Dozer-Sideboom CAT D4/JD
450/equilavlnt HR $56.11 $57.79 $60.11 $63.11
Electric Flat Saw HR $201.04 $207.07 $215.35 $226.12
3 Axle Equipment Carrier HR $34.56 $35.60 $37.02 $38.87 Excavator Cat 215 or equivalent HR $119.44 $123.02 $127.94 $134.34 Excavator-Trackhoe HR $247.00 $254.41 $264.59 $277.82
Excavator-Mini HR $46.26 $47.65 $49.55 $52.03
Flat Saw up to 18” HR $177.22 $182.54 $189.84 $199.33
Flat Saw beyond 18.1” HR $177.22 $182.54 $189.84 $199.33 Telehandler Forklift-10K Capacity HR $70.75 $72.87 $75.79 $79.58 Telehandler Forklift-12K Capacity HR $82.40 $84.87 $88.27 $92.68 Telehandler Forklift-5K Capacity HR $45.56 $46.93 $48.80 $51.24 Generator HR $7.95 $8.19 $8.52 $8.94
Jackhammer-Clay digger-30 lbs HR $3.91 $4.03 $4.19 $4.40 Jackhammer-60 lbs HR $4.65 $4.79 $4.98 $5.23
Jackhammer-90 lbs HR $5.32 $5.48 $5.70 $5.98
Light Tower Daily DAY $12.25 $12.62 $13.12 $13.78
Loader-910-920Cat or JohnDeere
624-644 HR $137.89 $142.03 $147.71 $155.09
Loader-926 Cat or 1.4yd Wheel HR $99.03 $102.00 $106.08 $111.38 Mini Excavator w/ attachment HR $77.20 $79.52 $82.70 $86.83 Miscellaneous Equipment HR $1.08 $1.11 $1.16 $1.21
Cement Mixer HR $13.35 $13.75 $14.30 $15.02
Leeboy 8515 Paving Machine HR $166.99 $172.00 $178.88 $187.82 Asph Cold Planer-4hr min-255
Hp-w/belt HR $239.03 $246.20 $256.05 $268.85
Plate Delivery HR $164.28 $169.21 $175.98 $184.78
4x8 Plate Day- Non Skid DAY $4.11 $4.23 $4.40 $4.62
6x10 Plate Day- Non Skid DAY $5.84 $6.02 $6.26 $6.57
6x8 Plate Day- Non Skid DAY $5.23 $5.39 $5.60 $5.88
8x10 Plate Day- Non Skid DAY $7.14 $7.35 $7.65 $8.03
Pneumatic mole boring projectile
1" HR $19.26 $19.84 $20.63 $21.66
California Contractor’s License # A, C10 - 486311
A Certified Minority Business Enterprise
Corporate Office: 10125 Channel Rd. Lakeside, CA. 92040 (619) 390-1988 (619) 390-1941 Inland Empire: 224 N. Sherman Ave. Corona, CA. 92882 (951) 360-1352 (951) 681-5920 Pneumatic mole boring projectile
2" HR $19.26 $19.84 $20.63 $21.66
Pneumatic mole boring projectile
3" HR $19.26 $19.84 $20.63 $21.66
Pneumatic mole boring projectile
4" HR $19.26 $19.84 $20.63 $21.66
Pneumatic mole boring projectile
5" HR $19.26 $19.84 $20.63 $21.66
Fresh Air Pump-Electric HR $18.27 $18.82 $19.57 $20.55
Pumps-Trash HR $20.56 $21.18 $22.02 $23.13
Water Pump 2" HR $9.03 $9.30 $9.67 $10.16
Power Puff Compactor HR $5.09 $5.24 $5.45 $5.73
Radios DAY $10.94 $11.27 $11.72 $12.30
3-5 Ton Roller (Small Asphalt
Roller) HR $48.07 $49.51 $51.49 $54.07
5-8 Ton Roller (Large Asphalt
Roller) HR $71.80 $73.95 $76.91 $80.76
Construction Signs DAY $5.70 $5.87 $6.11 $6.41
Sprayer, Emulsion-230 gallon HR $30.00 $30.90 $32.14 $33.74 Spreader-Layton HR $81.25 $83.69 $87.04 $91.39
Steel Plates Move Off Charge 0-8 EA $217.43 $223.95 $232.91 $244.56 Steel Plates Move On Charge 0-8 EA $217.43 $223.95 $232.91 $244.56 Tack Machine HR $20.38 $20.99 $21.83 $22.92
Trailer, Dolly HR $10.19 $10.50 $10.92 $11.46
Trailer-Equipment Flatbed HR $19.26 $19.84 $20.63 $21.66 Vac Trailer-800 Gallon HR $56.80 $58.50 $60.84 $63.89
Trailer-750 gallon water trailer HR $20.58 $21.20 $22.05 $23.15 Boom Truck-10-12 Ton HR $99.23 $102.21 $106.30 $111.61
Utility Bed Bucket Truck-48'-56' HR $61.51 $63.36 $65.89 $69.18 Dump Truck-10yd HR $131.74 $135.69 $141.12 $148.18
Dump Truck-10yd (DT) HR $189.81 $195.50 $203.32 $213.49 Dump Truck-10yd (TH) HR $160.77 $165.59 $172.22 $180.83 Dump Truck-5yd HR $115.11 $118.56 $123.31 $129.47
Dump Truck-5yd (DT) HR $173.19 $178.39 $185.52 $194.80
Dump Truck-5yd (TH) HR $144.15 $148.47 $154.41 $162.13
Dump Truck-Super 10 HR $140.69 $144.91 $150.71 $158.24
Dump Truck-Super 10 (DT) HR $198.77 $204.73 $212.92 $223.57 California Contractor’s License # A, C10 - 486311
A Certified Minority Business Enterprise
Corporate Office: 10125 Channel Rd. Lakeside, CA. 92040 (619) 390-1988 (619) 390-1941 Inland Empire: 224 N. Sherman Ave. Corona, CA. 92882 (951) 360-1352 (951) 681-5920 Dump Truck-Super 10 (TH) HR $169.73 $174.82 $181.81 $190.91 Flatbed Truck-2 Ton HR $32.56 $33.54 $34.88 $36.62
Flatbed or Utility Bed-1 Ton HR $44.19 $45.52 $47.34 $49.70 Material Truck-2 ton wLift Gate HR $22.36 $23.03 $23.95 $25.15 Pickup Truck 1-Assist HR $15.97 $16.45 $17.11 $17.96
Pickup Truck-1 Ton wTools &
Cell-Radio HR $15.76 $16.23 $16.88 $17.73
5 Ton Service Body Truck with
Crane HR $44.30 $45.63 $47.45 $49.83
Truck Tractor & Lowboy HR $81.03 $83.46 $86.80 $91.14
Utility Truck w All necessary tools
B HR $44.30 $45.63 $47.45 $49.83
Water Truck 2000 gallon HR $45.18 $46.54 $48.40 $50.82
Water Truck 4000 gallon HR $81.63 $84.08 $87.44 $91.81
1 Ton Weld Truck w250 Amp or
Below HR $35.45 $36.51 $37.97 $39.87
Vibratory Plate HR $11.69 $12.04 $12.52 $13.15
Wacker HR $11.93 $12.29 $12.78 $13.42
Water Wagon (200-500) gallons HR $16.79 $17.29 $17.99 $18.88 120-140 Amp Arc Welder Machine HR $8.77 $9.03 $9.39 $9.86 Welding Rig-Excl Fuel HR $35.45 $36.51 $37.97 $39.87
Acetylene Welding Rig or Truck HR $32.79 $33.77 $35.12 $36.88 ARC Welding Rig or Truck HR $32.79 $33.77 $35.12 $36.88 California Contractor’s License # A-486311
Ability of the Proposer to Perform
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 Summary
In keeping with your instructions in this RFP, we have provided on subsequent pages information related to our ability to perform the work in accordance with your expectorations and requirements. In addition to this summary sheet, you will find enclosed a brief selected list of projects that we have completed for the city, projects completed for other clients with a similar scope in the last year, a brief listing of key supervisors’ experience, and a selection of corporate references.

As you may be aware, A.M. Ortega is the City’s incumbent contractor for the City of Vernon for Gas Construction and Repair Services. Since 2014, A.M. Ortega has completed more than 30 distinct projects for the city, ranging in scope from individual potholes to the complete design and construction of a new pipeline segment across the 26th Street Bridge spanning the LA River west of Soto Street. During the same period, we have completed dozens of similar projects for other local clients, and we remain ready to support the city with the on-time completion of any project of any size.

A.M. Ortega’s forces which support the city are located at our Corona Headquarters, where we have management, field supervisors, and administrative staff to support the requirements for working on natural gas facilities; our facility in Corona includes a fully equipped training center for Operator Qualification training and testing, and our Compliance Department. A.M. Ortega currently maintains 8 Operator Qualified pipeline crews at our Corona HQ, with plans to increase it to 10 in the next year.

We provide emergency response services through our 24-hour telephone number, which is answered after hours by a rotating cohort of managers and supervisors. A.M. Ortega regularly responds to after-hours emergencies for natural gas incidents for a variety of clients, providing everything from ancillary support services to full pipeline replacements on an on-call basis. We maintain a 4-hour response window for work in the City of Vernon for emergency response efforts.

Our Utility System Design team has completed one project for the city, and hundreds of others for our other clients; our staff are deeply familiar with City’s requirements and prevailing local design standards.

We hope that we have demonstrated that A.M. Ortega can meet the City’s needs and requirements for contractor support for gas system design, construction, and repair services, and that you will select A.M. Ortega for the next iteration of this contract.

Please note that this list is not exclusive and has been selected to demonstrate our experience with the City’s facilities and the various types of work performed by the contractor under this agreement.

Vernon -Pipe Sand blast – (April 2023)
Soto St. Power Plant –(October-2022)
Indian St. –(October-2022)
Packers Ave – (January -2021)
4201 Fruitland Ave–(Sebtmber-2020)
Abd Purge Stacks Soda St. –(August-2020)
Seville Street Test Holes – (April 2020)
Excavation of Test Holes
Design/Engineering & Construction of 26th Street Bridge Project – (February 2020) Plan and Profile Drawings for a proposed pipeline with all supporting documentation and construction.

Southland Box – (August 2019)
Install Main Extension
4401 South Downey Road – (August 2019)
Extend Main and Replace Service
5200 Boyle Avenue – (July 2018)
Install Service and Abandon Stub
Soto Street at Vernon Avenue – (July 2018)
Farmer John Raise Service Height
California Contractor’s License # A-486311
Ability of the Proposer to Perform
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 In addition, please find below listed a brief selection of recently completed projects which are similar in scope to the services being requested in this RFP. This list is not exclusive – we have selected projects to highlight our capabilities.

Install 4” PE Main, 9000 LF, Malibu Canyon Road, For Southern California Electrical Firm (June 2020)
As a part of a joint trench installation, install approximately 9000 lineal feet of 4” PE main.

Replace Barracks Gas Lines, Naval Base Point Loma, for Public Works Contracting, Inc. (January to April 2020)
Complete replacement of natural gas distribution system serving 32 buildings on Naval Base Point Loma (Topside).

Natural Gas Facilities Installation, Voight Street Improvements, for SRK Engineering (January to Present, 2020)
Install 6” and 8” PE main and related services connections for the relocation of underground facilities in support of road construction project. Includes hot tie in of large hospital.

Install 6” PE Main, Waste Management Pressure Betterment, Palmdale, CA, for Southern California Gas Company (August 2019-March 2020)
Install approximately 5000 feet of new 6” PE main by open cut and bore methods for installation of new MSA. Construct new 6” inlet 6” outlet commercial MSA.

California Contractor’s License # A-486311
Ability of the Proposer to Perform
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 Management and Supervisors Staff Experience Summaries
In accordance with your instructions in this RFP, we have provided below a brief summary of the experience and qualifications of our management team and field supervisors with regard to Natural Gas Pipeline Construction and Utility System Design for your use in reviewing our qualifications.

As you may know, A.M. Ortega supports the City of Vernon with our highest level of management staffing – pricing and administrative support is provided by our Estimating Division Manager, and construction management is provided by our General Superintendent for Gas. This level of support will continue in the design scope, with direct communication with our Design Manager, Bill Belt.

Valorus Cromwell– Estimating Division Manager
Mr. Val brings a diverse collection of education and management experience, along with 30 years of estimating and leading underground and overhead utility projects in the Southern California region as he continues to bid and manage projects for all types of underground dry utilities construction.
2021-Present A.M. Ortega Construction, Inc. Estimation Manager/ Director of Operations 2009-2021 DC Power/DCXcavation, Inc Estimation Manager/ Director of Operations Rudy Hernandez– General Superintendent (Gas)
Mr. Hernandez’s 20 years of experience building natural gas facilities in Southern California is invaluable as he continues to lead complex and diverse construction projects from the front with A.M. Ortega.
2019-Present A.M. Ortega Construction, Inc. Superintendent 2013-2019 A.M. Ortega Construction, Inc. General Foreman 2007-2013 A.M. Ortega Construction, Inc. Pipe Fuser
2001-2007 Arizona Pipeline Transmission Construction
Laborer
Enis Urquhart – Safety Manager (Corona HQ)
Mr. Urquhart is a highly accomplished global Environmental Health and Safety Manager with expertise across all industries such as Aerospace, Bio-Tech, Petroleum, Utilities, Military, and Factories. Certified subject matter expert in all areas of Environmental Health and Safety including Safety Inspections, Audits, Emergency Response, Hazardous Waste, Material Handling, and Transportation of Hazardous Materials. Skilled in administering all applicable International, Federal, State, Military, and local safety regulations, laws, guidelines, and standards. Highly Accomplished Global Environmental Health and Safety Manager with expertise across all industries such as Aerospace, BioTech, Petroleum, Utilities, Military, and Factories. Certified subject matter expert in all. areas of Environmental Health and Safety including Safety Inspections, Audits, Emergency Response, Hazardous Waste, Material Handling, and Transportation of California Contractor’s License # A-486311
Ability of the Proposer to Perform
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920 Hazardous Materials. Skilled in administering all applicable International, Federal, State, Military, and local safety regulations, laws, guidelines, and standards. 2023-Present A.M Ortega Construction Company Safety Manager 2020-2023 ICON Utility Services Safety Supervisor
2018-2019 SpaceX Safety Advisor/EHS Haz-Mat Tec
2016-2018 Safety Dynamics Group Head of Training and Development 2011-2015 DynCorp International Regional EHS Manager
2007-2011 Kellogg Brown and Root Senior Environmental Technician 1999-2006 The Scripps Research Institute Safety Technician 1995-1999 Waste Manager/ Safety Inspector/Spills Worker USMC William L. “Bill” Belt – Design Manager
Mr. Belt is a dedicated team leader committed to quality workmanship in the design of utility systems.
2019-Present A.M. Ortega Construction, Inc. Design Manager 2019 Engineering Partners Inc. Designer
2018-2019 Southern Contracting Design Supervisor
2003-2018 San Diego Gas and Electric Co. Design Supervisor 1985-2003 San Diego Gas and Electric Co. Designer
Valorus Cromwell – Director of Operations
2021-Present A.M. Ortega Construction, Inc. Estimation Manager/ Director of Operations 2009-2021 DC Power/DCXcavation, Inc Estimation Manager/ Director of Operations Kelly Morgan – Human Resources
2022-Present A.M. Ortega Construction, Inc. Human Resources 2019 - 2022 Dotmatics Human Resource Business Partner
2018-2019 Ace Parking Member Service Advisor
2016-2018 Solute, Inc. HR Manager
California Contractor’s License # A-486311
A Certified Minority Business Enterprise
Professional References
Main Office: 10125 Channel Rd. Lakeside, CA. 92040 Office: (619) 390-1988 Fax: (619) 390-1941 Inland Empire: 11001 Beech Ave. Fontana, CA. 92337 Office: (951) 360-1352 Fax: (951) 681-5920

COMPANY ADDRESS PHONE FAX
Robertson’s Ready Mix P.O. Box 3600, Corona, CA. 92878 (951) 685-2200 (951) 280-1420 Vulcan Materials 3200 San Fernando Road, Los Angeles, CA. 90065 (800) 777-8752 (626) 279-8528 Lakeside Land 10101 Riverford Rd., Lakeside, CA. 92040 (619) 449-9083 (619) 449-9919 Hanson Aggregates P.O. Box 730511, Dallas, TX. 75373-051 (925) 244-6527 (925) 244-6590 Southern California Gas Company 6875 Consolidated Way, San Diego, CA 912121 (858) 653-3117 Synergy Electric 10740 Kenney Street Ste. 401, Santee, CA 92071 (619) 596-7688

Contractor Information
Legal Entity Name
A.M. ORTEGA CONSTRUCTION INC.

Legal Entity Type
Corporation
Status
Active
Registration Number
1000004691
Registration effective date
07/01/22
Registration expiration date
06/30/25
Mailing Address
10125 CHANNEL RD LAKESIDE 92040 CA United St…
Physical Address
10125 CHANNEL RD LAKESIDE 92040 CA United St…
Email Address
[email protected]
Trade Name/DBA
License Number (s)
CSLB:486311
Registration History
Effective Date Expiration Date
05/04/18 06/30/19
06/08/17 06/30/18
06/15/16 06/30/17
08/31/15 06/30/16
01/05/15 06/30/15
07/01/19 06/30/22
07/01/22 06/30/25
Legal Entity Information
Corporation Entity Number: C1352228
Federal Employment Identification Number: 330118336
President Name: Archie Maurice Ortega
Vice President Name:

Treasurer Name:

Secretary Name: Terra Chiaramonte
CEO Name:

Agency for Service:

Agent of Service Name: Steve E. Boehmer
Agent of Service Mailing Address: 8100 La Mesa Boulevard Suite 200 La M Worker's Compensation
Do you lease employees through Professional Employer Organization (PEO)?: No Please provide your current worker's compensation insurance information below:

PEO Information
PEO
Name
PEO
Phone
PEO
Email
Insured by Carrier Policy Holder Name: A.M. ORTE
Insurance Carrier: Federal In
Policy Number: 54303215
Inception date: 10/01/21
Expiration Date: 10/01/22

Page 17 of 18 ends

EXHIBIT B

SCHEDULE
California Contractor’s License # A, C10 - 486311
A Certified Minority Business Enterprise
Corporate Office: 10125 Channel Rd. Lakeside, CA. 92040 (619) 390-1988 (619) 390-1941 Inland Empire: 224 N. Sherman Ave. Corona, CA. 92882 (951) 360-1352 (951) 681-5920 Rates valid through August 31, 2026
Prevailing Wage Time and Equipment (Hourly) Rates
For Work Performed for: City of Vernon
Service Short Text UOM
September
1, 2022, to
August 31,
2023
September
1, 2023, to
August 31,
2024
September
1, 2024, to
August 31,
2025
September
1, 2025, to
August 31,
2026
Foreman (DT) HR $270.06 $274.15 $285.12 $299.37
Foreman (ST) HR $155.20 $157.54 $163.84 $172.03
Foreman (TH) HR $212.62 $215.85 $224.48 $235.71
Foreman (PVG) HR $200.38 $206.39 $214.64 $225.37
Laborer (DT) HR $144.13 $148.45 $154.39 $162.11
Laborer (ST) HR $83.15 $85.65 $89.07 $93.52
Laborer (TH) HR $111.98 $115.35 $119.96 $125.96
Laborer (PVG) HR $118.96 $122.53 $127.43 $133.80
Welder-ARC (DT) HR $199.56 $205.54 $213.76 $224.45
Welder-ARC (ST) HR $111.98 $144.26 $150.03 $157.53
Welder-ARC (TH) HR $155.22 $159.88 $166.27 $174.59
Polyethylene Fuser (DT) HR $199.56 $205.55 $213.77 $224.46 Polyethylene Fuser (ST) HR $111.98 $115.34 $119.95 $125.95 Polyethylene Fuser (TH) HR $155.22 $159.88 $166.27 $174.59 Equipment Operator (DT) HR $199.56 $205.55 $213.77 $224.46 General Conditions:
** 4 Hour minimum for all Labor and Equipment ** Equipment Delivery Time is Billable** ** All billings shall be portal to portal from the time of dispatch to the return to the location of dispatch. ** Workmen called out form home shall be billable until time of return home. ** The Customer shall bear all responsibility for permits, authorizations, rights of entry, plans, specifications, and direction of the work, and shall be responsible for the cost of same. ** All crews composed of workmen covered by these rates shall include a Foreman. ** The selection of the Foreman shall be made by A.M. Ortega based on the type of work performed. ** Teeth, cutting edges, and consumable parts shall be considered billable. ** Standard rates are for the first 8 hours of the workday, starting and ending between 7:00 AM and 5:00PM Monday through Friday.
** Double time rates are for work after the 12th hour in a single day, and for work starting after 9:00 PM or before 7:00 AM Monday to Saturday, and on all Sundays and Holidays. ** It is assumed that a single crew will carry a job to completion – crews will not be rotated during an active job.

Designer (Journeyman) HR $147.27 $151.69 $157.76 $165.64 Sr. Designer HR $153.68 $158.29 $164.62 $172.85
Supervising Designer HR $184.70 $190.24 $197.85 $207.74

Page 18 of 18 ends

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.

Vernon City CouncilAugust 15, 2023

Vernon City Council
August 15, 2023