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HomeMy WebLinkAboutC-7223-1 - M/RSA for Underground Storage Tanks - Testing, Designated Operator and Maintenance/Repair Services�nn rJ AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES AGREEMENT r WITH VERDUGO TESTING CO. INC FOR v UNDERGROUND STORAGE TANKS — TESTING, DESIGNATED OPERATOR & MAINTENANCE/REPAIR SERVICES THIS AMENDMENT NO. ONE TO MAINTENANCE/REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 24th day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VERDUGO TESTING CO. INC, a California corporation ("Contractor"), whose address on file with the Secretary of State is 622 Wilmington Dr. Chula Vista, CA 91914, with a local address of P.O. Box 211958 Chula Vista, CA 91921, and is made with reference to the following: RECITALS A. On July 1, 2021, City and Contractor entered into a Maintenance/Repair Services Agreement ("Agreement") for Contractor to perform maintenance and/or repair services for City ("Project"). B. Since entering into the Agreement Contractor was asked to perform a higher volume of Work than was originally anticipated. C. The parties desire to enter into this Amendment No. One to increase the total compensation for the Agreement to account for the increased volume of work not anticipated at the time of execution of the Agreement, update the schedule of billing rates, increase the total compensation, and memorialize the increased volume of work performed during the original term. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: COMPENSATION TO CONTRACTOR Exhibit B to the Agreement shall be amended in its entirety and replaced to include the Schedule of Billing Rates, attached hereto as Exhibit B and incorporated herein by reference. Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Contractor for the Services on a time and expense not -to -exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed without prior written amendment a total amount of Two Hundred Twenty -Five Thousand Dollars and 00/100 ($225,250.00), which amount is allocated as follows: 4.1.1 Contractor's compensation for all Fixed Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the following amounts: Term Not -to -Exceed Original Term $17,700.00 Renewal Term 1 $12,000.00 Renewal Term 2 $12,000.00 Renewal Term 3 $17,700.00 Renewal Term 4 $12,000.00 TOTAL $71,400.00 4.1.2 Contractor's compensation for all On -Call Services performed during the Original Term and any Renewal Terms and in accordance with this Agreement, including all reimbursable items, shall not exceed One Hundred Fifty Three Thousand Six Hundred Dollars and 00/100 ($153,600.00), without prior written amendment to the Agreement. The total amended compensation reflects Contractor's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Twenty Five Thousand Dollars and 00/100 ($25,250.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] Verdugo Testing Co. Inc Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: S// 71 By: 5yy n . ar Attorn ATTEST: Date: a lao�3 By: L " x4v_�' L Leilani I. Bro City Clerk :gCIFOR� Attachments: CITY OF NEWPORT BEACH, a California unicipaI corporation Date:" (� ?� 23 By: GAy( eung Cer CONTRACTOR: VERDUGO TESTING CO. INC, a California corporation Date: Signed in Counterpart By: Antonio Fernando Verdugo Chief Executive Officer Date: Signed in Counterpart Bv: Marco A. Verdugo Chief Financial Officer [END OF SIGNATURES] Exhibit B — Schedule of Billing Rates Verdugo Testing Co. Inc Page 3 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: rp Ci VyAttorney ATTEST: Date: CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Grace K. Leung City Manager CONTRACTOR: VERDUGO TESTING CO. INC, a California corporation Date: 6 - By: Leilani 1, Brown Antonio Fernando Verdugo City Clerk Chief Executive Officer Date: (VIL2 BY: Marco A. Verdugo Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit B — Schedule of Billing Rates Verdugo Testing Co. Inc Page 3 EXHIBIT B SCHEDULE OF BILLING RATES Verdugo Testing Co. Inc Page B-1 AMENDMENT NO ONE EXHIBIT B SCHEDULE OF BILLING RATES TESTING Item Description Unit of Quantity Verdugo Verdugo Code Measure Testing Testing Co. Co. Inc - Inc - Line Unit Price Total TESTING Overfill Prevention Equipment EACH 2 $1,500.00 $3,000.00 Inspection every 36 mos (Corporation Yard) TESTING Annual Monitor Certification, Spill EACH 5 $1,000.00 $5,000.00 Bucket Test and Line Leak Detector Test (Corporation Yard) TESTING Annual Vapor Recovery Testing EACH 5 $900.00 $4,500.00 (Corporation Yard) TESTING Annual Product Line Test (Corporation EACH 25 $400.00 $10,000.00 Yard) TESTING Triennial Test (required every three EACH 2 $1,400.00 $2,800.00 years) - Secondary Containment TESTING Overfill Prevention Equipment EACH 2 $1,400.00 $2,800.00 Inspection every 36 mos (Police Department/Fire Station 3) TESTING Annual Monitor Certification, Spill EACH 5 $1,000.00 $5,000.00 Bucket Test and Line Leak Detector Test (Police Department/Fire Station 3) TESTING Annual Vapor Recovery Testing (Police EACH 5 $900.00 $4,500.00 Department/Fire Station 3) TESTING Annual Product Line Test (Police EACH 25 $400.00 $10,000.00 Department/Fire Station 3) TESTING Triennial Test (required every three EACH 2 $1,400.00 $2,800.00 years) - Secondary Containment (Police Department/Fire Station 3) Subtotal $50,400.00 TESTING Item Code Description Unit of Quantit Verdugo Verdugo Measure y Testing Testing Co. Co. Inc - Inc - Line Unit Total Price DESIGNATED 30-Day Designated UST Per 120 $175.00 $21,000.00 OPERATOR/MAINT/REPAIR Operator Inspection Month Subtotal $21,000.00 Note: additional parts or equipment needed to be purchased shall be approved by the City via letter proposal. Parts mark-up not -to -exceed 15%. AS -NEEDED TESTING. MAINTENANCE & REPAIR. AND OTHER SERVICES Description Unit of Quantity Verdugo Verdugo Measure Testing Co. Testing Inc - Unit Co. Inc - Price Line Total I. Cost per Test EACH 1 $1,400.00 $1,400.00 II. Cost per re -test* (Re -test cost sections are EACH 1 $800.00 $800.00 listed in case the re -test is performed on a different day.) III. Cost per Maintenance Test** EACH 1 $250.00 $250.00 Subtotal $2,450.00 Alarm Response - During non -business hours Per 1 $200.00 $200.00 4:30 p.m. - 7:29 a.m., Weekends and Holidays Response Alarm Response - During regular business Per 1 $200.00 $200.00 hours 7:30 a.m. - 4:30 p.m., Monday - Friday Response Alarm Response - Minimum time charge Minimum 1 $500.00 $500.00 Alarm Response -Travel Per Mile 1 $15.00 $15.00 Annual Monitor Certification, Spill Bucket and EACH 1 $800.00 $800.00 Line Leak Detector Test (cost per re -test, per site) Annual Monitor Certification, Spill Bucket and EACH 1 $800.00 $800.00 Line Leak Detector Test (cost per test, per site) Annual Product Line Test (cost per test, per EACH 1 $250.00 $250.00 site) Annual Vapor Recovery Test (cost per re -test, EACH 1 $800.00 $800.00 per site) Annual Vapor Recovery Test (cost per test, per EACH 1 $800.00 $800.00 site) Maintenance and Repairs - Emergency Call PER CALL 1 $200.00 $200.00 Out charge during non -business hours 4:30 OUT p.m. - 7:29 a.m., Weekends and Holidays Maintenance and Repairs - Emergency Call PER CALL 1 $200.00 $200.00 Out charge during regular business hours 7:30 OUT a.m. - 4:30 p.m., Monday - Friday Maintenance and Repairs - Emergency Call Per Mile 1 $15.00 $15.00 Travel Maintenance and Repairs - Emergency Calls - MINIMUM 1 $500.00 $500.00 Minimum Time (if any) Maintenance and Repairs - Next Business Day Per Hour 1 $135.00 $135.00 Labor Rate Double Time Maintenance and Repairs - Next Business Day Per Hour 1 $115.00 $115.00 Labor Rate Over Time Maintenance and Repairs - Next Business Day Per Hour 1 $90.00 $90.00 Labor Rate Straight Time Maintenance and Repairs - Next Business Day Per Mile 1 $10.00 $10.00 Travel Maintenance and Repairs - Same Business Day Per Hour 1 $135.00 $135.00 Labor Rate Double Time Maintenance and Repairs - Same Business Day Per Hour 1 $115.00 $115.00 Labor Rate Over Time Maintenance and Repairs - Same Business Day Per Hour 1 $90.00 $90.00 Labor Rate Straight Time Maintenance and Repairs - Same Business Day Per Mile 1 $10.00 $10.00 Travel Meetings EACH 1 $0.00 $0.00 Secondary Containment Testing (cost per EACH 1 $250.00 $250.00 maintenance test, per site) Secondary Containment Testing (cost per re- EACH 1 $800.00 $800.00 test, per site) Secondary Containment Testing (cost per test, EACH 1 $800.00 $800.00 per site) Training Per Employee Per 1 $50.00 $50.00 Employee Maintenance and Repairs - Emergency Call EACH 1 $50.00 $50.00 Out charge during non -business hours 4:30 p.m. - 7:29 a.m., Weekends and Holidays Maintenance and Repairs - Emergency Call EACH 1 $50.00 $50.00 Out charge during regular business hours 7:30 a.m. - 4:30 p.m., Monday - Friday Maintenance and Repairs - Emergency Call EACH 1 $500.00 $500.00 Travel Maintenance and Repairs - Emergency Calls - MINIMUM 1 $500.00 $500.00 Minimum Time (if any) Maintenance and Repairs - Next Business Day Per Hour 1 $135.00 $135.00 Labor Rate Double Time Maintenance and Repairs - Next Business Day Labor Rate Over Time Per Hour 1 $115.00 $115.00 Maintenance and Repairs - Next Business Day Labor Rate Straight Time Per Hour 1 $90.00 $90.00 Maintenance and Repairs - Next Business Day Travel Per Mile 1 $15.00 $15.00 Maintenance and Repairs - Same Business Day Labor Rate Double Time Per Hour 1 $135.00 $135.00 Maintenance and Repairs - Same Business Day Labor Rate Over Time Per Hour 1 $115.00 $115.00 Maintenance and Repairs - Same Business Day Labor Rate Straight Time Per Hour 1 $90.00 $90.00 Maintenance and Repairs - Same Business Day Travel Per Mile 1 $15.00 $15.00 Compressor/Hammer/Tamper Per Day 1 $250.00 $250.00 Concrete Saw Per Day 1 $100.00 $100.00 Transfer Pump Per Day 1 $150.00 $150.00 Confined Space Equipment Per Day 1 $150.00 $150.00 Sniffer Per Day 1 $50.00 $50.00 Tamper Per Day 1 $50.00 $50.00 Tamper Per Day 1 $50.00 $50.00 Nitrogen Tank Per Day 1 $50.00 $50.00 Mileage Fee Per Day 1 $300.00 $300.00 Dump Fee Per Day 1 $300.00 $300.00 Loaner Compressor Per Day 1 $300.00 $300.00 Electronic Waste Recycling Fee for CED (screen size at least 15" less than 35") Each 1 $100.00 $100.00 Electronic Waste Recycling Fee for CED (screen size more than 35") Each 1 $200.00 $200.00 Total Contract Not to Exceed: $225,250.00 CITY CLEA l`r) MAINTENANCE/REPAIR SERVICES AGREEMENT CJ WITH VERDUGO TESTING CO., INC. FOR UNDERGROUND STORAGE TANKS — TESTING, DESIGNATED OPERATOR & MAINTENANCE/REPAIR SERVICES THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 1st day of July, 2021 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and VERDUGO TESTING CO., INC., a California corporation ("Contractor"), whose address is 862 Starboard St, Chula Vista, California 91914, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Contractor to perform maintenance and/or repair services for City ("Project"). C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement. D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2022 ("Original Term"), unless terminated earlier as set forth herein. The Original Term shall be for one (1) year with the City's option to automatically renew the Agreement for four (4) additional one (1) year terms (each a "Renewal Term"), unless seven (7) day written notice by Notice Not to Extend is provided to Contractor, or further terminated earlier as set forth in the Agreement. In any event, the term of the Agreement, including the Original Term and any Renewal Terms shall not extend beyond June 30, 2026, without a written amendment to this Agreement. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). As a material inducement to City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow community professional standards with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances, in performing the Work required hereunder, and that all materials will be of good quality. 2.2 Contractor shall perform all Work required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2.3 With respect to the on-call Services described in Exhibit A, upon written request from the Project Administrator as defined herein, Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.3.1 A detailed description of the Services to be provided; 2.3.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 2.3.3 The estimated number of hours and cost to complete the Services; and 2.3.4 The time needed to finish the specific project or Services. 2.4 No on-call Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Contractor shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, not later than two (2) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. Verdugo Testing Co., Inc. Page 2 3.4 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR 4.1 City shall pay Contractor for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of City. Contractor's compensation for all Fixed Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Nine Thousand Two Hundred Thirty Dollars and 00/100 ($9,230.00) for the Original Term and for each Renewal Term (each twelve (12) month period from July 1 to June 30, commencing with the Effective Date), for a total not to exceed amount of Forty Six Thousand One Hundred Fifty Dollars and 11/100 ($46,150.00). Contractor's compensation for all On -Call Services performed during the Original Term and any Renewal Terms and in accordance with this Agreement, including all reimbursable items, shall not exceed One Hundred Fifty Three Thousand Eight Hundred Fifty Dollars and 00/100 ($153,850.00), without prior written amendment to the Agreement. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items shall not exceed a total amount of Two Hundred Thousand Dollars and 00/100 ($200,000.00), without prior written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. 4.4 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 execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Marco Verdugo to be its Verdugo Testing Co., Inc. Page 3 Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's Work schedule. 8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 8.1 Contractor shall use only the standard materials described in Exhibit A in performing Services under this Agreement. Any deviation from the materials described in Exhibit A shall not be installed or utilized unless approved in advance and in writing by the Project Administrator. 8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Contractor certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws and legally recognized professional standards. 8.3 Contractor represents and warrants to City that it has, shall obtain and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to Verdugo Testing Co., Inc. Page 4 approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. RESPONSIBILITY FOR DAMAGES OR INJURY 9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services shall not be responsible in any manner for any loss or damage to any of the materials or other things used or employed in performing the Project or for injury to or death of any person as a result of Contractor's performance of the Services required hereunder; or for damage to property from any cause arising from the performance of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 9.2 Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects, obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor. 9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim, collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any breach of the terms and conditions of this Agreement, any Work performed or Services provided under this Agreement including, without limitation, defects in workmanship or materials or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). 9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorneys' fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Contractor. 9.5 Contractor shall perform all Work in a manner to minimize public inconvenience and possible hazard, to restore other work areas to their original condition and former usefulness as soon as possible, and to protect public and private property. Verdugo Testing Co., Inc. Page 5 Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents. 9.6 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Agreement as shall be considered necessary by City may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. 9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the Work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement or for other periods as specified in this Agreement, policies of insurance Verdugo Testing Co., Inc. Page 6 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit H, and incorporated herein by reference. 15. BONDING — FIXED MAINTENANCE 15.1 For all Fixed Maintenance Work as described in Exhibit A, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the amount payable to the Contractor as set forth in this Agreement and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in this Agreement in the form attached hereto as Exhibit E which is incorporated herein by this reference. 15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. 15.3 Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 16. BONDING — ON-CALL SERVICES 16.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit F which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit G which is incorporated herein by this reference. 16.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Verdugo Testing Co., Inc. Page 7 16.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California. 17. LABOR AND PREVAILING WAGE REQUIREMENT 17.1 Contractor shall comply with all applicable provisions of State and Federal law including, applicable provisions of California Labor Code, and the Federal Fair Labor Standards Act. 17.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give notice to City, including all relevant information. 17.3 This agreement shall be paid in accordance with Section 1770 of the California State Labor Code and in accordance with the tenus of the Southern California Master Labor Agreement, which has established a prevailing rate of per diem wages to be paid in the performance of this agreement. The Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the agreement shall be governed by all provisions of the California Labor Code Relating to prevailing wage rates (Sections 1770-7981, inclusive). The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 17.4 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work. 18. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or Verdugo Testing Co., Inc. Page 8 joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture. 19. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 20. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 21. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 22. RECORDS Contractor shall keep records and invoices in connection with the Services to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Contractor shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. Verdugo Testing Co., Inc. Page 9 23. WITHHOLDINGS City may withhold payment to Contractor of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue Work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 25.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first- class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at.- Attn: t: Attn: Public Works Director Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Verdugo Testing Co., Inc. Page 10 Attn: Marco Verdugo Verdugo Testing Co., Inc. 862 Starboard St Chula Vista, CA 91914 27. CLAIMS 27.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Contractor shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Contractor's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Contractor in writing as unsettled at the time of its final request for payment. Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 27.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. Verdugo Testing Co., Inc. Page 11 29. LABOR 29.1 Contractor shall conform with all applicable provisions of state and federal law including, but not limited to, applicable provisions of the federal Fair Labor Standards Act ("FLSA") (29 USCA § 201, et seq.). 29.2 Whenever Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of this Agreement, Contractor shall immediately give written notice to City, and provide all relevant information. 29.3 Contractor represents that all persons working under this Agreement are verified to be U.S. citizens or persons legally authorized to work in the United States. 29.4 To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorneys' fees, and other costs of defense by reason of actual or alleged violations of any applicable federal, state and local labor laws or law, rules, and/or regulations. This obligation shall survive the expiration and/or termination of the Agreement. 30. STANDARD PROVISIONS 30.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 30.2 Compliance with all Laws. Contractor shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Contractor shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or Verdugo Testing Co., Inc. Page 12 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Verdugo Testing Co., Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: (0./J- 2-1 CITY OF NEWPORT BEACH, a California municipal corporation Date: By: By: aTdln C. HarPAt4 (.-4S' Br ery ity Attomey0('_'/ Date: EST: j ��. ��� A MA�/Y �I.��111111 Leirani 1. Brown City Clerk r> u NZFO R N %-"d' CONTRACTOR: Verdugo Testing Co., Inc., a California corporation Date: Signed in Counterpart Antonio Fernando Verdugo Chief Executive Officer Date: Signed in Counterpart By: Marco A. Verdugo Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Bid Submittal Documents Exhibit D — Labor and Materials Payment Bond (Fixed Maintenance) Exhibit E — Faithful Performance Bond (Fixed Maintenance) Exhibit F — Labor and Materials Payment Bond (On -Call Services) Exhibit G — Faithful Performance Bond (On -Call Services) Exhibit H — Insurance Requirements Verdugo Testing Co., Inc. Page 14 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, CITY ATTORNEY'S OFFICE a California municipal corporation Date: G - If - 2-1 Date: ByPan 14-.1 By: C. Har (,�w Attorne ATTEST: Date: in Leilani I. Brown City Clerk By: Brad Avery Mayor CONTRACTOR: Verdugo Testing Co., Inc., a California corporation Date: 6 " /(� -- / By- �+ Z.'-_ � Antonio Fernando Verdugo Chief Executive Officer Date: %� /,& " 2-vh Marco A. Verdugo Chief Financial Officer [END OF SIGNATURES] Attachments: Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Bid Submittal Documents Exhibit D - Labor and Materials Payment Bond (Fixed Maintenance) Exhibit E - Faithful Performance Bond (Fixed Maintenance) Exhibit F - Labor and Materials Payment Bond (On -Call Services) Exhibit G - Faithful Performance Bond (On -Call Services) Exhibit H - Insurance Requirements Verdugo Testing Co., Inc. Page 14 EXHIBIT A SERVICE SPECIFICATIONS Verdugo Testing Co., Inc. Page A-1 EXHIBIT A SCOPE OF SERVICES UNDERGROUND STORAGE TANK TESTING DESIGNATED UST OPERATOR SERVICES / UNDERGROUND TANK MAINTENANCE & REPAIR CONTRACT 7223-1 All work necessary for the completion of this contract (or contracts) shall be done in accordance with this Scope of Services. 1. Award Prospective firms may elect to propose on Part A and/or Part B. Based on review and evaluation by City, City may, at its discretion, elect to award separate contracts for Part A and Part B to two (2) individual firms, or award a single contract for both Part A and Part B to a single firm. Award to be based on lowest combined Base Bid A plus Base Bid B; or lowest Base Bid A to one firm, and lowest Base Bid B to one firm. 2. Contractor Licensing Contractor(s) must possess at minimum the following License(s) and Certifications for the Parts that they are electing to bid on: 3. PART A: Underground Tank Testing California Tank Tester License 4. PART B: Underground Tank Maintenance & Repair / Designated UST Operator Certificate issued by the International Code Council ("ICC') indicating passing the California UST Service Technician exam as required by the State Water Resources Control Board (California Code of Regulations, Title 23, Chapter 16, Section 2715 (i)); South Coast Air Quality Management District ("SCAQMD'); and California Air Resources Board (CARB). Any licenses commensurate with STATE (STATE WATER RESOURCES CONTROL BOARD, CALIFORNIA CONTRACTORS STATE LICENSE BOARD) requirements for all work under this section, including, but not necessarily limited to any of the following: D-40 (C-61 Limited Specialty) Service Station Equipment and Maintenance Contractor* A service station maintenance contractor installs, repairs, maintains or calibrates monitoring equipment for underground fuel storage tanks up to 20, 000 gallons which have been or are to be used for dispensing gasoline, diesel fuel, waste oil or kerosene (no chemicals). This includes the installation of vapor probes in back fill areas of the tanks and any associated calibration work, including but not limited to the testing and adjustment of leak detection and vapor recovery equipment, such as automatic tank gauges, leak line detectors, vapor recovery lines, and in -station diagnostics. Note for Those Holding a License with this Classification Issued Prior to January 18, 2001: You may perform all the work as described above, as well as install and/or remove the underground fuel storage tanks themselves, including the installation and/or removal of all incidental tank related piping and electrical work, and the installation of auto hoisting equipment, grease racks, compressors, air hoses, and other service station equipment. Regarding the following CSLB Classifications and the CA State Water Resources Control Board (A, C-10, C-34, C-36, C -61(D40) ) htt.os://www.waterboards.ca.gov/ust/docs/lic rep work usts 061717.p Health & Saf. Code Ch. 6.7 and the UST Regulations require individuals or companies performing work on USTs to possess a Tank Tester License issued by the State Water Board, or a current license issued by the CSLB. Specifically, the current list of permissible contractor licenses set forth in Health and Saf. Code Ch. 6.7, section 25284.1(a)(5)(D)(ii) and UST Regulations, section 2715(1) include the General Engineering Contractor (Class A), and specialty contractors C-10 Electrical Contractor, C-34 Pipeline Contractor, C-36 Plumbing Contractor, and C -61(D40) Limited Specialty. However, section 7059 of the Bus. & Prof. Code Ch. 9, Art. 4 prohibits specialty contractors (Class C licenses) from working in a classification unless they are licensed in that classification, or that work is incidental and supplemental to the work for which a specialty contractor is licensed. CSLB defines "incidental and supplemental" as work that is essential to the specialty of the contractors license rather than the specialty of the project itself. (Contractor Classification Regulations, §§ 830 & 831.) Contractors must ensure the work they are performing on US Ts meets the contractor license description as defined by the CSLB. https://www.waterboards.ca.gov/ust/re.gulatorv/docs/hsc 6 7 01 2019.p Health and Saf. Code Ch. 6.7, section 25284.1(a)(5)(D)(ii) On and after January 1, 2002, no person shall install, repair, maintain, or calibrate monitoring equipment for an underground storage tank unless that person satisfies both of the following requirements: (i) The person has fulfilled training standards identified by the board in regulations adopted pursuant to this section. (ii) The person possesses a tank testing license issued by the board pursuant to Section 25284.4, or a Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors' State License Board. PART A: UNDERGROUND TANK TESTING Testing and Inspections • Contractor shall perform all inspections/testing in accordance with all Federal, State, county and local rules and regulations, including, but not limited to, the California State Water Resources Control Board (SWCRB) and Orange County Health Care Agency (OCHCA) Environmental Health Division. • Contractor shall perform the following testing and inspections on an agreed upon schedule with the City: o Annual Monitoring Certification Testing ■ Annual Monitor Certification ■ Two Sites — Corporation Yard and Police Department ■ Performed in the Month of June o Line Integrity Test ■ Annual Test ■ Two Sites — Corporation Yard and Police Department ■ Performed during Monitor Certification o CARB Rule 461 testing ■ Annual Test ■ Two Sites — Corporation Yard and Police Department ■ Performed during Monitor Certification o SB 989 3 -Year Testing ■ Conducted every Three (3) Years ■ Two Sites — Corporation Yard and Police Department ■ Next Test is due January 23, 2022 o Secondary Containment Testing ■ Conducted every Three (3) Years ■ Two Sites — Corporation Yard and Police Department ■ Next Test is due June 2021 • Contractor shall contact the Project Manager to make arrangements for repairs at designated facilities within 24 hours of noticing any issue. • City shall provide notice within 24 hours of needed repairs to Contractor detailing the malfunction, broken equipment, and location. Overfill Prevention Equipment Inspection (SB 989) • One (1) initial inspection and then one (1) every 36 months thereafter. • The equipment must be inspected within 30 days of the completion of a repair. • The inspection must be conducted per the manufacturer of the equipment (by a certified technician); however, if a manufacturer's protocol is not available, industry standards, or agency requirements may be followed. • The overfill inspections must be documented on current overfill prevention equipment inspection report forms, and the records shall be maintained by the owners/operators consistent with mandated record keeping requirements. • NOTE: If the OVERFILL PREVENTION EQUIPMENT is for an unleaded or other type of "gasoline" (not diesel) product, California Air Resources Control Board (CARB) will require an unwitnessed leak decay test and a drop tube integrity test. Test results will be left on site and the on-site South Coast Air Quality Management District (AQMD) Vapor Recovery Repair Log will be updated by the technician. Performance • Contractor shall test and make associated repairs of the underground tanks located at various City facilities. • Contractor shall conduct mandated testing on underground tanks, pipes, Veeder Root monitoring systems and printers. • Contractor shall clean-up after making repairs and remove broken and malfunctioning equipment from the immediately surrounding areas at designated facilities after making repairs on an as -needed basis. • Contractor shall immediately notify the City of any hazardous conditions. • Contractor's vehicles shall be properly marked with Contractor's name and/or logo and be in clean working condition. Veeder Root Monitoring System Locations with Underground Tanks Corporation Yard (592 Superior Avenue) 1 (one) Veeder-Root TLS -350 Monitor with printer • Unleaded fuel o 2 (two) underground 12,000 gallon tanks o 2 (two) dispensers with a total of 4 (four) hoses • Diesel fuel o 1 (one) underground 12,000 gallon tank o 2 (two) dispensers with a total of 2 (two) hoses • Used Oil o 1 (one) underground 1,000 gallon tank Police Department/Fire Station #3 (868/870 Santa Barbara Drive) 1 (one) Veeder-Root TLS -350 Monitor with printer • Unleaded fuel o 1 (one) 20,000 gallon underground tank o 2 (two) dispensers with a total of 4 (four) hoses • Diesel fuel o 1 (one) 5,000 gallon underground tank o 1 (one) dispenser with 1 (one) hose • Used Oil o 1 (one) 1,000 gallon underground tank PART A ATTACHMENTS: Appendix IX Underground Storage Tank Overfill Prevention Equipment Inspection Report Form PART B: UNDERGROUND TANK MAINTENANCE & REPAIR/ DESIGNATED UST OPERATOR SERVICES SECTION 1: MAINTENANCE AND REPAIR SERVICES • Furnish all labor, equipment, materials, and supervision to provide repairs and maintenance on an as -needed basis at several vehicle fuel islands located throughout the City. • Contractor must be equipped and licensed to provide the City with underground and aboveground fuel storage tank maintenance and repair, monitoring system maintenance and repair, and fuel dispensing system equipment maintenance and repair. • All Work requiring permits or agency notification prior to repair or modification must be handled by the Contractor prior to commencement of the Work. • Contractor shall respond to service requests within four (4) hours of service call or other City approved time, pursuant to a Letter Proposal accepted by City. • The Agreement and its pricing includes all labor, equipment, transportation, materials, supplies, taxes, permits, fees and reports to meet the specifications contained herein. Working Hours • Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m., Monday through Friday, and 7:00 a.m. and 4:00 p.m., Saturday and Sunday. • After -Hours underground storage tank ("UST") alarm response. • City may accept a Letter Proposal for Contractor to perform work between the hours of 5:00 p.m. and 7:00 a.m. Monday through Friday and anytime on Saturdays or Sundays to assist in UST alarm response. Level of Maintenance • If, in the judgment of the City, the level of maintenance is less than that specified herein, the City shall, at its option, in addition to or in lieu of other remedies provided herein, withhold appropriate payment from the Contractor until services are rendered in accordance with specifications set forth within this document and providing no other arrangements have been made between the Contractor and the City. Failure to notify of a change and/or failure to perform an item or work on a scheduled day may, at the City's sole discretion, result in deduction of payment for that date, week, or month. Payment will be retained for work not performed until such time as the work is performed to City standard. • The Contractor is required to correct deficiencies within the time specified by the City. If noted deficient Work has not been completed, payment for subject deficiency shall be withheld and shall continue to be withheld until deficiency is corrected, without right to retroactive payments. • Technicians shall be familiar with and certified by the equipment manufacturer in the installation, troubleshooting and testing of the leak detection monitoring systems and all components of the fuel storage tank system and fuel dispensing systems. • All Work shall be performed by technician(s) with the appropriate required certification and licenses. Certifications and licenses from the following agencies, at a minimum will include, as applicable: o Certificate issued by the International Code Council ("ICC") indicating passing the California UST Service Technician exam as required by the State Water Resources Control Board (California Code of Regulations, Title 23, Chapter 16, Section 2715 (i)); o South Coast Air Quality Management District ("SCAQMD"); and o California Air Resources Board (CARB). • All equipment replacements shall be of identical equipment manufacturer and model replacements unless otherwise approved by the City. All equipment replacements shall be new - not refurbished. The Contractor shall perform all Work required to be performed, and shall provide and furnish all the necessary labor, materials, necessary tools, expendable equipment and all utility and transportation services. Schedules As -Needed Repairs • Contractor shall be responsible for making repairs to fuel dispensers, card lock systems, Veeder Root automatic tank gauge systems, underground and aboveground fuel storage tanks, and the associated piping at designated locations on an as -needed basis. • Repair and maintenance of other related equipment. Available for spill response in order to inspect possible cause(s) and make corrections/repairs. • Contractor shall contact the Project Manager to make arrangements for repairs at designated facilities within 24 hours of noticing any issue. • City shall provide notice within 24 hours of needed repairs to Contractor detailing the malfunction, broken equipment, and location. Performance • Contractor shall properly repair and maintain the fuel dispensers, card lock systems, Veeder Root automatic tank gauge systems, the underground and aboveground fuel storage tanks, and the associated piping • Contractor shall clean-up after making repairs and remove broken and malfunctioning equipment from the immediately surrounding areas at designated facilities after making repairs on an as -needed basis. • Contractor shall immediately notify the City of any hazardous conditions. • Contractor's vehicles shall be properly marked with Contractor's name and/or logo and be kept in a clean, working condition. Site Descriptions Fuel Dispensing Facilities o Municipal Operations Department: o (2) Unleaded gasoline Underground Storage Tanks, 12,000 gallons each; o (2) gasoline dispensers and under -dispenser containment ("UDC"'s) with (2) dispensing nozzles each. o Diesel fuel Underground Storage Tank, 12,000 gallons; o (2) Diesel dispensers and UDCs with (1) dispensing nozzleeach. o Police Department: o Unleaded gasoline Underground Storage Tank, 20,000 gallons; o (2) gasoline dispensers with UDCs with (2) dispensing nozzles each. o Fire Station #3: o (1) Diesel Underground Storage tank, 6,000 gallons; o (1) Diesel fuel dispenser and (1) dispensing nozzle. o Fire Station #7: o (1) Diesel Above Ground Tank, 1,000 gallons; o (1) dispensing nozzle. o Fire Station #8: o (1) Diesel Above Ground Tank, 500 gallons; o (1) dispensing nozzle. o Utilities Department: o (1) Diesel Above Ground Tank, 2,000 gallons; o (1) dispensing nozzle SECTION 2: DESIGNATED UST OPERATOR SERVICES • Designated UST Operator to provide general oversight of UST program with specific emphasis on regulatory compliance issues. Designated UST Operator shall fulfill the responsibilities set forth in California Code of Regulations, title 23, sections 2715-2716. EXHIBIT B SCHEDULE OF BILLING RATES Verdugo Testing Co., Inc. Page B-1 EXHIBIT B SCHEDULE OF BILLING RATES UNDERGROUND STORAGE TANK TESTING DESIGNATED UST OPERATOR SERVICES / UNDERGROUND TANK MAINTENANCE & REPAIR CONTRACT 7223-1 TESTING Item Description Unit of Quantity Verdugo Verdugo Code Measure Testing Testing Co. Co. Inc - Inc - Line Unit Price Total TESTING Overfill Prevention Equipment EACH 2 $1,500.00 $3,000.00 Inspection every 36 mos (Corporation Yard TESTING Annual Monitor Certification, EACH 5 $1,000.00 $5,000.00 Spill Bucket Test and Line Leak Detector Test (Corporation Yard TESTING Annual Vapor Recovery EACH 5 $900.00 $4,500.00 Testing (Corporation Yard) TESTING Annual Product Line Test EACH 5 $400.00 $2,000.00 (Corporation Yard) TESTING Triennial Test (required every EACH 2 $1,400.00 $2,800.00 three years) - Secondary Containment TESTING Overfill Prevention Equipment EACH 2 $1,400.00 $2,800.00 Inspection every 36 mos (Police Department/Fire Station 3 TESTING Annual Monitor Certification, EACH 5 $1,000.00 $5,000.00 Spill Bucket Test and Line Leak Detector Test (Police Department/Fire Station 3 TESTING Annual Vapor Recovery EACH 5 $900.00 $4,500.00 Testing (Police Department/Fire Station 3 TESTING Annual Product Line Test EACH 5 $400.00 $2,000.00 (Police Department/Fire Station 3 TESTING Triennial Test (required every EACH 2 $1,400.00 $2,800.00 Measure three years) - Secondary Measure Testing Testing Testing Co. Containment (Police Co. Inc - Co. Inc - Inc - Line Unit Department/Fire Station 3 Unit Total I. Cost per Test Each 1 Price $34,400.00 TESTING Item Code Description Unit of Quantity Verdugo Verdugo Measure Measure Testing Testing Testing Co. Co. Inc - Co. Inc - Co. Inc - Inc - Line Unit Line Total Unit Total I. Cost per Test Each 1 Price $1,400.00 DESIGNATED 30 -Day Per Month 60 $175.00 $10,500.00 OPERATOR/MAINT/ Designated UST on a different day.) REPAIR Operator III. Cost per Maintenance Test** Each 1 $250.00 Inspection Subtotal DESIGNATED Annual AST EACH 5 $250.00 $1,250.00 OPERATOR/MAINT/ Inspection and Holidays REPAIR Alarm Response - During regular business Per 1 $200.00 $200.00 hours 7:30 a.m. - 4:30 p.m., Monday - Subtotal $11,750.00 AS -NEEDED TESTING, MAINTENANCE & REPAIR, AND OTHER SERVICES Description Unit of Quantity Verdugo Verdugo Measure Testing Testing Co. Inc - Co. Inc - Unit Line Total Price I. Cost per Test Each 1 $1,400.00 $1,400.00 II. Cost per re -test* (Re -test cost sections Each 1 $800.00 $800.00 are listed in case the re -test is performed on a different day.) III. Cost per Maintenance Test** Each 1 $250.00 $250.00 Subtotal $2,450.00 Alarm Response - During non -business Per 1 $200.00 $200.00 hours 4:30 p.m. - 7:29 a.m., Weekends Response and Holidays Alarm Response - During regular business Per 1 $200.00 $200.00 hours 7:30 a.m. - 4:30 p.m., Monday - Response Frida Alarm Response - Minimum time charge Minimum 1 $500.00 $500.00 Alarm Response - Travel Per Mile 1 $15.00 $15.00 Annual Monitor Certification, Spill Bucket Each 1 $800.00 $800.00 and Line Leak Detector Test (cost per re- test, per site Annual Monitor Certification, Spill Bucket Each 1 $800.00 $800.00 and Line Leak Detector Test (cost per test, per site Annual Product Line Test (cost per test, Each 1 $250.00 $250.00 per site Annual Vapor Recovery Test (cost per re- Each 1 $800.00 $800.00 test, per site Annual Vapor Recovery Test (cost per Each 1 $800.00 $800.00 test, per site Maintenance and Repairs - Emergency Per Call 1 $200.00 $200.00 Call Out charge during non -business Out hours 4:30 p.m. - 7:29 a.m., Weekends and Holidays Maintenance and Repairs - Emergency Per Call 1 $200.00 $200.00 Call Out charge during regular business Out hours 7:30 a.m. - 4:30 p.m., Monday - Frida Maintenance and Repairs - Emergency Per Mile 1 $15.00 $15.00 Call Travel Maintenance and Repairs - Emergency Minimum 1 $500.00 $500.00 Calls - Minimum Time if an Maintenance and Repairs - Next Business Per Hour 1 $135.00 $135.00 Day Labor Rate Double Time Maintenance and Repairs - Next Business Per Hour 1 $115.00 $115.00 Day Labor Rate Over Time Maintenance and Repairs - Next Business Per Hour 1 $90.00 $90.00 Day Labor Rate Straight Time Maintenance and Repairs - Next Business Per Mile 1 $10.00 $10.00 Day Travel Maintenance and Repairs - Same Per Hour 1 $135.00 $135.00 Business Day Labor Rate Double Time Maintenance and Repairs - Same Per Hour 1 $115.00 $115.00 Business Day Labor Rate Over Time Maintenance and Repairs - Same Per Hour 1 $90.00 $90.00 Business Day Labor Rate Straight Time Maintenance and Repairs - Same Per Mile 1 $10.00 $10.00 Business Day Travel Meetings Each 1 $0.00 $0.00 Secondary Containment Testing (cost per Each 1 $250.00 $250.00 maintenance test, per site Secondary Containment Testing (cost per Each 1 $800.00 $800.00 re -test, per site Secondary Containment Testing (cost per Each 1 $800.00 $800.00 test, per site Training Per Employee Per 1 $50.00 $50.00 Employee Maintenance and Repairs - Emergency Each 1 $50.00 $50.00 Call Out charge during non -business hours 4:30 p.m. - 7:29 a.m., Weekends and Holidays Maintenance and Repairs - Emergency Each 1 $50.00 $50.00 Call Out charge during regular business hours 7:30 a.m. - 4:30 p.m., Monday - Frida Maintenance and Repairs - Emergency Each 1 $500.00 $500.00 Call Travel Maintenance and Repairs - Emergency Minimum 1 $500.00 $500.00 Calls - Minimum Time if an Maintenance and Repairs - Next Business Per Hour 1 $135.00 $135.00 Day Labor Rate Double Time Maintenance and Repairs - Next Business Per Hour 1 $115.00 $115.00 Day Labor Rate Over Time Maintenance and Repairs - Next Business Per Hour 1 $90.00 $90.00 Day Labor Rate Straight Time Maintenance and Repairs - Next Business Per Mile 1 $15.00 $15.00 Day Travel Maintenance and Repairs - Same Per Hour 1 $135.00 $135.00 Business Day Labor Rate Double Time Maintenance and Repairs - Same Per Hour 1 $115.00 $115.00 Business Day Labor Rate Over Time Maintenance and Repairs - Same Per Hour 1 $90.00 $90.00 Business Day Labor Rate Straight Time Maintenance and Repairs - Same Per Mile 1 $15.00 $15.00 Business Day Travel Compressor/Hammer/Tamper Per Day 1 $250.00 $250.00 Concrete Saw Per Day 1 $100.00 $100.00 Transfer Pump Per Day 1 $150.00 $150.00 Confined Space Equipment Per Day 1 $150.00 $150.00 Sniffer Per Day 1 $50.00 $50.00 Tamper Per Day 1 $50.00 $50.00 Tamper Per Day 1 $50.00 $50.00 Nitrogen Tank Per Day 1 $50.00 $50.00 Mileage Fee Per Day 1 $300.00 $300.00 Dump Fee Per Day 1 $300.00 $300.00 Loaner Compressor Per Day 1 $300.00 $300.00 Electronic Waste Recycling Fee for CED Each 1$100.00 $100.00 screen size at least 15" less than 35") j Electronic Waste Recycling Fee for CED Each 1 $200.00 $200.00 screen size more than 35" Total Contract Not to Exceed amount: $200,000.00 EXHIBIT C BID SUBMITTAL DOCUMENTS Verdugo Testing Co., Inc. Page C-1 City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 INSTRUCTIONS TO BIDDERS 1. The following documents shall be completed, executed, uploaded and received by the City Clerk via PlanetBids in accordance with NOTICE INVITING BIDS: INSTRUCTIONS TO BIDDERS ✓ BIDDER'S BOND (Original copies must be submitted to the City Clerk's Office in Sealed Envelope) DESIGNATION OF SUBCONTRACTORS ACKNOWLEDGEMENT (Subcontractor information to be submitted via PlanetBids) CONTRACTOR'S INDUSTRIAL SAFETY RECORD INFORMATION REQUIRED OF BIDDER ✓ ALL ADDENDA TO PLANS AND SPECIFICATIONS AS ISSUED BY AGENCY PRIOR TO BID OPENING DATE (if any; Contractor shall confirm via PlanetBids) ✓ TECHNICAL ABILITY AND EXPERIENCE REFERENCES ,'NON -COLLUSION AFFIDAVIT ✓ DESIGNATION OF SURETIES ✓ PROPOSAL ACKNOWLEDGEMENT (Line Items to be completed via PlanetBids) The City Clerk's Office will open and read the bid results from PlanetBids immediately following the Bid Opening Date (Bid Due Date.) The Bid Results are immediately available to the public via PlanetBids following the Bid Opening Date (Bid Due Date). Members of the public who would like to attend this reading may go to Bay E, 2nd Floor of the Civic Center (Located at 100 Civic Center Dr.) 2. Cash, certified check or cashier's check (sum not less than 10 percent of the total bid price) may be received in lieu of the BIDDER'S BOND. The title of the project and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. Original copies must be submitted to the City Clerk's Office. 3. The City of Newport Beach will not permit a substitute format for the Contract Documents listed above. Bidders are advised to review their content with bonding and legal agents prior to submission of bid. 3. BIDDER'S BOND shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, and (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570. The successful bidder's security shall be held until the Contract is executed. Original, sealed copies must be submitted to the City Clerk's Office by the Bid Opening Date (Bid Due Date.) The title of the project, Contract Number and the words "Sealed Bid" shall be clearly marked on the outside of the envelope containing the documents. 4. The estimated quantities indicated in the PROPOSAL are approximate, and are given solely to allow the comparison of total bid prices. 3 5. Bids are to be computed upon the estimated quantities indicated in the PROPOSAL multiplied by unit price submitted by the bidder. In the event of discrepancy between wording and figures, bid wording shall prevail over bid figures. In the event of error in the multiplication of estimated quantity by unit price, the correct multiplication will be computed and the bids will be compared with correctly multiplied totals. The City shall not be held responsible for bidder errors and omissions in the PROPOSAL. 6. The City of Newport Beach reserves the right to reject any or all bids and to waive any minor irregularity or informality in such bids. Pursuant to Public Contract Code Section 22300, at the request and expense of the Contractor, securities shall be permitted in substitution of money withheld by the City to ensure performance under the contract. The securities shall be deposited in a state or federal chartered bank in California, as the escrow agent. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the contract. A copy of said determination is available by calling the prevailing wage hotline number (415) 703-4774, and requesting one from the Department of Industrial Relations. All parties to the contract shall be governed by all provisions of the California Labor Code — including, but not limited to, the requirement to pay prevailing wage rates (Sections 1770-7981 inclusive). A copy of the prevailing wage rates shall be posted by the Contractor at the job site. 9. The Contractor shall be responsible for insuring compliance with provisions of Section 1777.5 of the Labor Code Apprenticeship requirements and Section 4100 et seq. of the Public Contracts Code, "Subletting and Subcontracting Fair Practices Act". 10. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. 11. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. 12. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 13. All documents shall bear signatures and titles of persons authorized to sign on behalf of the bidder. For corporations, the signatures shall be of a corporate officer or an individual authorized by the corporation. For partnerships, the signatures shall be of a general partner. For sole ownership, the signature shall be of the owner. 14. Pursuant to Public Contract Code section 9204, for any demand by contractor, whether on behalf of itself or a subcontractor that lacks privity of contract with the City but has requested that contractor proceed on its behalf, sent by registered mail or certified mail return receipt requested for a time extension, payment by the City for money or damages arising from work done by, or on behalf of, the contractor and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or for payment of an amount that is disputed by the City, the following is a summary of the claims resolution process to be applied: A. The City shall review the claim and, within 45 days, shall provide a written statement identifying the portions of the claim that are disputed and undisputed. This time period may 4 be extended by mutual agreement. The claimant shall furnish all reasonable documentation to support the claim. If the City needs approval from its City Council to provide the written statement and the City Council does not meet within the prescribed time period, the City shall have up to 3 days following the next regular meeting of the City Council to provide the written statement. Payment of the undisputed portion of the claim shall be made within 60 days after the City issues its written statement. B. If the claimant disputes the City's written statement or if the City does not issue a written statement in the prescribed time period, the claimant may demand in writing an informal meet and confer conference, which shall be scheduled within 30 days of receipt of claimant's demand. C. Within 10 business days of the meet and confer conference, if a dispute remains, the City shall provide a written statement identifying the portion of the claim that remains in dispute and the undisputed portion. The City shall pay any remaining amount of the undisputed portion within 60 days. Any disputed portion of the claim shall be submitted to nonbinding mediation or similar nonbinding process, with the City and claimant sharing the costs equally and agreeing to a mediator within 10 business days. If the parties cannot timely agree on a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate the remaining disputed portion. If mediation is unsuccessful, any remaining disputed portion shall be addressed using procedures outside of Public Contract Code section 9204. D. Failure by the City to meet the time requirements herein shall result in the claim being rejected in its entirety and shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant. The signature below represents that the above has been reviewed. UDGLA% - A r bo I C-bt/DHv, ft Al Contractor's License No. & Classification 10000 140A I ro �?041 13 DIR Registration Number & Expiration Date V2rdvja Te-TH , Co- rNc.. Bidder 6 . V/ 'Cc- OLU A --T Authorized Signature itle -115 � Date City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 BIDDER'S BOND We, the undersigned Principal and Surety, our successors and assigns, executors, heirs and administrators, agree to be jointly and severally held and firmly bound to the City of Newport Beach, a charter city, in the principal sum of Twenty Thousand Dollars and no Cents Dollars ($ 20,000.00 ), to be paid and forfeited to the City of Newport Beach if the bid proposal of the undersigned Principal for the construction of UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES, Contract No. 7223-1 in the City of Newport Beach, is accepted by the City Council of the City of Newport Beach and the proposed contract is awarded to the Principal, and the Principal fails to execute the Contract Documents in the form(s) prescribed, including the required bonds, and original insurance certificates and endorsements for the construction of the project within thirty (30) calendar days after the date of the mailing of "Notification of Award", otherwise this obligation shall become null and void. If the undersigned Principal executing this Bond is executing this Bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. Witness our hands this 2nd Verdugo Testing Co., Inc. Name of Contractor (Principal) International Fidelity Insurance Company Name of Surety day of April 2021. �---�1121?Sl Author' a Sicdnature/Title Authorized Agent Signature One Newark Center, 20th Floor Newark, New Jersey 07102-5207 Robyn Kettering, Attorney in Fact Address of Surety Print Name and Title (973) 624-7200 Telephone (Notary acknowledgment of Principal & SuretV must be attached) Ctl ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of CaJJI'fornia County of b tk�(-,D }ss. Ono �s2lL b Z 2D � f 20_�_ before me, �.i a E1�1 ia-� �A, Notary Pubic, personally appeared CO- l!QA.r kl�c=l—ftg who proved to me on the basis of satisfactory evidence to be the person(a) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-lie/she/they executed the same in iris/her/their authorized capacity(ics), and that by #is/her/tWr signatures(e)-on the instrument the person*, or the entity upon behalf of which the person(-s}acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. \ \ 1 Signature Date of Document Type or Title of Document Number of Pages in Document Document in a Foreign Language OPTIONAL INFORMATION 4� 6Z :'® 41 Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary I Treasurer Other: J-,► .4 Other Information: 7 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. �- ALEJANDRA ARRA Notary Public - California Z " ' Sin Diego County Commission My r 2259949 Comm. Expires Oct 24, 2022 (seal) OPTIONAL INFORMATION 4� 6Z :'® 41 Type of Satisfactory Evidence: Personally Known with Paper Identification Paper Identification Credible Witness(es) Capacity(ies) claimed by Signer(s): Trustee Power of Attorney CEO/CFO/COO President / Vice -President / Secretary I Treasurer Other: J-,► .4 Other Information: 7 Thumbprint of Signer F1 Check here if no thumbprint or fingerprint is available. ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sptv xa Iss. On 'PCA (g / Z , 20 2 I before me, Notary Public, personally appeared Voy-ctllejo who proved to me on the basis of satisfactory evidence to be t e person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws o California that the foregoing paragraph is true and correct. DAVID MORALES aCommission No. 2274297 Z NOTARY PUBLIC - CALIFORNIA WITNESS my hand and official seal. ` SAN DIEGO COUNTY [ Commission Expires January 5, 2023 } Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of I On AY : i �D , 7,0Vbefore me, �aV� dk Y� `C1ra1e A) ? any Date Here Insert Name and Title of the 6fficer personally appeared of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID MORALES a Commission IN 2274297 v NOTARY PUBLIC -CALIFORNIA t SAN DIEGO COUNTY Commission Expires January 5, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public yr 1 wINHL- Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document I Title or Type of Document: 57 i o�piP�S "toil, Document Date: `i �-L / 2�2 l Number of Pages: Signer(s) Other Than Named Above: Qo%yy, i'A Capacity(ies) Clai ed by Signer(s) Signer's Name: ro" ^uftA. VA4cv v �. ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General 9 Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ROBYN KETTERING San Diego, CA. their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 20th day of July, 2010 and by the Board of Directors of ALLEGHENY CASUALTY COMPANY at a meeting duly held on the 15th day of August, 2000: "RESOLVED, that (1) the President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and 3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given or the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY have each executed and attested these presents on this 12th day of March, 2012. STATE OF NEW JERSEY County of Essex AM a 4 1936 ROBERT W. MINSTER SYL`tNtLExecutive Vice President/Chief Operating Officer (International Fidelity Insurance Company) and President (Allegheny Casualty Company) On this 12th day of March 2012, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set m hand affixed my Official Seal at the City of Newark, New Jersey the day and year first above written. . VN;l VA GC':.•' 3A �G OF N EW A NOTARY PUBLIC OF NEW JERSEY My Commission Expires Mar. 27, 2014 "eNtA"140 ' CERTIFICATION I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY and ALLEGHENY CASUALTY COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand this day of City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 DESIGNATION OF SUBCONTRACTOR(S) - AFFADAVIT State law requires the listing of all subcontractors who will perform work in an amount in excess of one- half of one percent of the Contractor's total bid. If a subcontractor is not listed, the Contractor represents that he/she is fully qualified to and will be responsible for performing that portion of the work. Substitution of subcontractors shall be made only in accordance with State law and/or the Standard Specifications for Public Works Construction, as applicable. Pursuant to Public Contract Code Section 22300 appropriate securities may be substituted for any monies to be withheld to ensure performance under the Contract. The Bidder, by signing this designation, certifies that bids from the subcontractors as listed in the Bidder's electronic bid have been used in formulating the bid for the project and that these subcontractors will be used subject to the approval of the Engineer and in accordance with State law. No changes may be made in these subcontractors except with prior approval of the City of Newport Beach. Bidders must also include DIR registration numbers for each subcontractor. VEVt�>V&-V ',l✓sI-/�,& CO- 1w, Bidder M V; Q- fes.%11iJ-1- Authorized Signature/Title City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 TECHNICAL ABILITY AND EXPERIENCE REFERENCES Contractor must use this form!!! Please print or type. Bidder's Name 1J 6p>%o TD51'N& Co - /N` FAILURE OF THE BIDDER TO PROVIDE ALL REQUIRED INFORMATION IN A COMPLETE AND ACCURATE MANNER MAY BE CONSIDERED NON-RESPONSIVE. For all public agency projects/services you have worked on (or are currently working on) in the past 2 years in excess of $100,000 related to Underground Storage Tank Testing, Maintenance, Repair and/or Designated Operator services, provide the following information: No. 1 �, Project Name/Number I941aa1e. `QST 9 PS,' -r rr, ea Project Description Approximate Construction Dates: rFrom 10 t S To: ?site v Agency Name C tI-L� 0� lT��-AaLL Contact Person Mi�u t,voz�(A Telephone c61%) 'N Z - 3g 5i Original Contract Amount $ 2,00, opo Final Contract Amount $ Zoo, 606 If final amount is different from original, please explain (change orders, extra work, etc.) # /A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. 10 No. 2 Project Name/Number Project Description Approximate Constru C SQ r Neto U ST I A S`T fro; c' - d Te -54i ', 1,erv1 ce !'. Dates: From 7_0 1 o To: Agency Name U_t� 10r C4^ DiMo Contact Person urtt�q �r-r`t�SS°v\ Telephone ps) 33 �r Original Contract Amount $ LSo,o°b Final Contract Amount $ 15u, o 00 If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Nd - No. 3 Project Name/Number �V°��� '�� "O�eSh►y I f Q- Dg�- D\ 262 Project Description 0 '��,GT�"� 'Vt04!J4 AW AkW`WO-1 A"A P�S fwn C4 6&'C1zv- 9Orv;c"• Approximate Construction Dates: From �_o Q To: Pr"d-^f Agency Name Codd 1 W 0r'krJ.? , Contact Person 3OLLA, 2q f". 0r � Telephone (111 bLt'� 65 Original Contract Amount $ V5° a'Ou* Final Contract Amount $ t 5b 1'D0 0 If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. No 11 No. 4 Project Name/Number V% "r ��� ��"�`«" Project Description S}a�r't�� fin'! �� � , MAS -4^tc ► aVa hP'0"' Sem ce- Approximate Construction Dates: From a-005 To: pIr"C-4' Agency Name LVn:bI of b: to Contact Person tAt\ 2At~.k Telephone (0) Wag' 1Su� Original Contract Amount $00,00O Final Contract Amount $ "001"o o If final amount is different from original, please explain (change orders, extra work, etc.) N/A Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. PV. No. 5 F D&A31)� Project Name/Number C4 d� 4 VA °i�'� �� �VGi Il/p►'�►S w hvd l�cn�� Project Description ��� 5� 2 %^k a11A Powt( RAW,\,4sirs Approximate Construction Dates: From A4r4, �-0!0 To: P ' Agency Name b ."4ytn - &W hen 1��� h41 n ((A I +Y -AMS') SA PG 6J (A 44WA Contact Person lodd Bzwief"d' Telephone oo?) 3%3 - Original Contract Amount $463t142 -Final Contract Amount $ 1^ 4i'!rl- T If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. N 0, 12 No. 6 Project Name/Number Project Description Approximate Construction Dates: From Agency Name Contact Person To: Telephone ( Original Contract Amount $ Final Contract Amount If final amount is different from original, please explain (change orders, extra work, etc.) Did you file any claims against the Agency? Did the Agency file any claims against you/Contractor? If yes, briefly explain and indicate outcome of claims. Attach additional sheets if necessary. Attach to this Bid the experience resume of the person who will be designated as General Construction Superintendent or on-site Construction Manager for the Contractor. Upon request, the Contractor shall attach a financial statement and other information sufficiently comprehensive to permit an appraisal of the Contractor's current financial conditions. V VAU10 TcsN Bidder Authorized Signature/T le 13 City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 NON -COLLUSION AFFIDAVIT State of California ) )SS. County of ) P,r nan , \/6(A1-1ao , being first duly sworn, deposes and says that he or she is V raz i A.f v4 of L, Co . 7 y-, , the party making the foregoing bid; that the bid is not made in the interest of, dt on behalf of; any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. I declare under penalty of perjury of the laws of the State of California that the forgoing is true and correct. U�Av�i� '�25 rq Co )nc . Bidder Authorized Sign Lore/Title Subscribed and sworn to (or affirmed) before me on this (�+V` day of _ �, 2021 by �ctvc J Mo raa s proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. [SEAL] DAVID MORALES f a Commission No. 2274297 D NOTARY PUBLIC - CALIFORNIA v SAN DIEGO COUNTY S Commission Expires January 5, 2023 t} 14 Nota y""Public My Commission Expires: t 23 City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 DESIGNATION OF SURETIES Bidder'sname v�1���Urro 16SMNG Co. /NU Provide the names, addresses, and phone numbers for all brokers and sureties from whom Bidder intends to procure insurance and bonds (list by insurance/bond type): b0 /V(�SSron✓�� �1�•cd Sv�K �0 ��- 15 City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 CONTRACTOR'S INDUSTRIAL SAFETY RECORD TO ACCOMPANY PROPOSAL Bidder's Name V &r! v - Record Last Five (5) Full Years Current Year of Record The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Current Record Record Record Record Record Year of for for for for for Record 2020 2019 2018 2017 2016 Total 2021 No. of contracts 3 51 (,j Ll + 2 0S Total dollar 515bf4, .3AS, � i90�7�a I 130.%3 181(plot 151 lglq. Amount of �� 3�•d 5' t11� q•3$ Contracts (in Thousands of $) No. of fatalities �y 6 No. of lost Workday Cases 0 \ Z No. of lost workday cases involving permanent O ® C) ® 0 transfer to another job or termination of employment The information required for these items is the same as required for columns 3 to 6, Code 10, Occupational Injuries, Summary --Occupational Injuries and Illnesses, OSHA No. 102. 16 Legal Business Name of Bidder Business Address: Business Tel. No.: State Contractor's License No. and Classification: tex,,� Testirj U. �Ae- �d 61 g4rL b,rd shwtt- (oia - bpi 1- 04" 8667$) y G -/o X.6i Data r nh2. Title 4/ ; ci- f rp-rrda,� The above information was compiled from the records that are available to me at this time and I declare under penalty of perjury that the information is true and accurate within the limitations of those records. Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title Signature of bidder Date Title � re -s l A,,,4 - Signature Requirements: If bidder is an individual, name and signature of individual must be provided, if doing business under a fictitious name, the fictitious name must be set fort along with the County. If bidder is a partnership or joint venture, legal name of partnership/joint venture must be provided, followed by signatures of all of the partners/joint ventures or if fewer than all of the partners/joint ventures submit with evidence of authority to act on behalf of the partnership/joint venture. If bidder is a corporation, legal name of corporation must be provided, followed by signatures of the corporation President or Vice President or President and Secretary or Assistant Secretary, and the corporate seal, or submit with evidence of authority to act on behalf of the corporation. All must be acknowledged before a Notary Public, who must certify that such individuals, partners/joint ventures, or officers were proven on the basis of satisfactory evidence to be the persons whose name are subscribed to and acknowledged that they executed the same in their authorized capacities. (NOTARY ACKNOWLEDGMENT and CORPORATE SEAL MUST BE ATTACHEDI 17 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of SC,^ 'Di{ j 0 f On /',702/',702i before me, D av/ d r" An `cif a(P S A)0+4r \. Date Here Insert Name and Title of the O icer personally appeared 0 of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrurnent. DAVID MORALES a Commission No. 2274297 NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires January 5, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature J— Signature of Notary Public VI' 11W17/P1L Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual o Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 0 0 X2018 National Notary Association City of Newport Beach UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 ACKNOWLEDGEMENT OF ADDENDA Bidder's name V e rAvi, TeS-rrt f; o • 6\t - The bidder shall signify receipt of all Addenda here, if any, and attach executed copy of addenda to bid documents: N/A Addendum No. Date Received Signature i til %. I "L% 18 Page 1 of 1 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT SEW po O�kl-`/�,���,�IS30`1�- CQ</ FO RNP UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE/REPAIR SERVICES C-7223-1 DATE: BY: �iluty PWD/City Engineer TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. RFP DUE DATE: The Bid Opening Date shall be extended to Tuesday, 4/20/2021 at 2:00 p.m. Bidders must sign this Addendum No. 1 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 1 is attached. I have carefully examined this Addendum and have included full payment in my Proposal. 'F-,efr,av\a►o veclAjo Bidder's Name (Please Print) �2ol 20 11 Date �--� P«tiler,+ Authorized Signat & Title Page 1 of 3 CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT C' �� / Fo 9-�/ ADDENDUM NO. 2 UNDERGROUND STORAGE TANKS - TESTING, DESIGNATED OPERATOR & MAINTENANCE/REPAIR SERVICES C-7223-1 DATE: <% BY: D p y PWD/City Engineer TO: ALL PROSPECTIVE BIDDERS The following changes, additions, deletions, or clarifications shall be made to the Contract Documents — all other conditions shall remain the same. A. SCOPE OF SERVICES — CONTRACTOR LICENSING: Section 2, 3 and 4 of Scope of Services shall be replaced with the following: 2. Contractor Licensing: Contractor(s) must possess at minimum the following License(s) and Certifications for the Parts that they are electing to bid on: PART A: Underground Tank Testing California Tank Tester License PART B: Underground Tank Maintenance & Repair/ Designated UST Operator Certificate issued by the International Code Council ('ICC') indicating passing the California UST Service Technician exam as required by the State Water Resources Control Board (California Code of Regulations, Title 23, Chapter 16, Section 2715 (i)); South Coast Air Quality Management District ("SCAQMD"); and California Air Resources Board (CARB). Page 2 of 3 Any licenses commensurate with STATE (STATE WATER RESOURCES CONTROL BOARD, CALIFORNIA CONTRACTORS STATE LICENSE BOARD) requirements for all work under this section, including, but not necessarily limited to any of the following: D-40 (C-61 Limited Specialty) Service Station Equipment and Maintenance Contractor* A service station mointemnnce controctor iustol/s, r-epoirs, m(notains or calibrates monitoring equipment to, - oil Ide 1-gro und orunderground fuel storage ranks up to 20,000 golloos which have been or ore to be used for dispensing gasoline, diesel Eitel,, woste oil orkerosene (no chemicals). This includes the installation of vapor probes in buck fill oreos of the looks ood nrry ossociuted colibruUon work, inr:luditrq hot rrol limiter/ to the testing and adjustment of leak detection and vapor recovery equipment, suds cis vert oncotic tankgotifles, leak line detectors, vopor recovery times, and in-stotion diar7nnstics. Note for Those Holding a License with this Classification Issued Prior to January 18, 2001: You may perform oll the work cis described obove, as well os instoll ond,/or remove the underground firel.storage tonks themselves, including the installation and/or removol of all incidental tank related piping crud electrical work, and the instollotion of auto hoisting e(luipment, grease rocks, compressors, oir hoses, and otherservicestation egoiprnent. Regarding the following CSLB Classifications and the CA State Water Resources Control Board A, C-10, C-34, C-36, C -61(D40) ) https://www. waterboarcls. ca. govlust/docs/lic rep work usts 061717.pdf Health & Saf. Code Ch. 6.7 and the UST Regulations require individuals or companies performing work on USTs to possess a Tank Tester License issued by the State Water Board, or a current license issued by the CSLB. Specifically, the current list of permissible contractor licenses set forth in Health and Saf. Code Ch. 6.7, section 25284.1(a)(5)(D)(ii) and UST Regulations, section 2715(i) include the General Engineering Contractor (Class A), and specialty contractors C-10 Electrical Contractor, C-34 Pipeline Contractor, C-36 Plumbing Contractor, and C -61(D40) Limited Specialty. However, section 7059 of the Bus. & Prof. Code Ch. 9, All. 4 prohibits specialty contractors (Class C licenses) from working in a classification unless they are licensed in that classification, or that work is incidental and supplemental to the work for which a specialty contractor is licensed. CSLB defines "incidental and supplemental" as work that is essential to the specialty of the contractor's license rather than the specialty of the project itself. (Contractor Classification Regulations, §§ 830 & 831.) Contractors must ensure the work they are performing on USTs meets the contractor license description as defined by the CSLB. haps://www.waterboards.ca.govlust/regulator /docs/hsc 6 7 01 2019.pdf Health and Saf. Code Ch. 6.7, section 25284. 1(a) (5)(D)(ii) On and after January 1, 2002, no person shall install, repair, maintain, or calibrate monitoring equipment for an underground storage tank unless that person satisfies both of the following requirements: (i) The person has fulfilled training standards identified by the board in regulations adopted pursuant to this section. (ii) The person possesses a tank testing license issued by the board pursuant to Section 25284.4, or a Class "A" General Engineering Contractor License, C-10 Electrical Contractor License, C-34 Pipeline Contractor License, C-36 Plumbing Contractor License, or C-61 (D40) Limited Specialty Service Station Equipment and Maintenance Contractor License issued by the Contractors' State License Board. Page 3 of 3 License/Certification Information: Contractor, Contractor's Employees and Contractor's Subcontractors shall provide copies of valid licenses and certificates for testing and repair of Monitoring systems, Tank and Piping systems, Dispensers, and related Equipment, including but not limited to (Veeder Root) Monitoring Equipment, Secondary Containment (SB989), Vapor Recovery, Contractor License, etc. for each employee and/or subcontractor and their employees who may be on the job site. For the selected Contractor, all licenses and certificates shall be kept up to date and current during the entire duration of the contract and must be presented upon request by any Federal, State, or Local Official. No Contractor, Contractor's Employees and Contractor Subcontractors shall perform work on Equipment for Sites that require such licenses or certificates without said license/certificate being current and valid. At the start of work and until completion of the contract, the Contractor (and all subcontractors) shall possess a valid Business License as required and issued by the City. Bidders must sign this Addendum No. 2 and attach it to the bid proposal. Bid may not be considered unless this signed Addendum No. 2 is attached. 1 have carefully examined this Addendum and have included full payment in my Proposal. FCtncn �o VP:fo Bidder's Name (Please rint) 4 ( 7,01202.1 Date -`�--e. \-�J Authorized Siq4thre & Title City of Newport Beach _UNDERGROUND STORAGE TANKS - TESTING. DESIGNATED OPERATOR & MAINTENANCE REPAIR SERVICES Contract No. 7223-1 INFORMATION REQUIRED OF BIDDER Bidder certifies under penalty of perjury under the laws of the State of California that the following information is true and correct: Name of individual Contractor, Company or Corporation: �erAvla 1-e-sf4cl � Business Address: t6l S*vbiord RW -4- Telephone and Fax Number: lbI`I - 6*' (- 6600 Fit = 6 (1 - 6,51 -,q 0'41 California State Contractor's License No. and Class: 6V1 - A, Cio- C61 fs-to, KA 2, (REQUIRED AT TIME OF BID) Original Date Issued: 10 1`l 2-0oS Expiration Date: 3` List the name and title/position of the person(s) who inspected for your firm the site of the work proposed in these contract documents: /f/l au'Go/Qr►�on• a V"" ,r - V •'tt- PewdPord.d' The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this proposal: Name Title Address Telephone t,,, A (Upt VL kok- f ,, ,t.4 06 - �'dx <`a.t !'sr CJS , 4a k CA 9 OlIf & t q— 641 - oixc a PN& Verdi, V:cc. ktdPAerwr 1?0-S v k 4&1a v -'e[ Lk gMtLI 614-691-0,600 Pir'rw". 1 t.,-ko o bre iwl Ai,,cn--),tr eG z J�, Owta V-fk CA A1g(,( b(q- 6R f -064 Corporation organized under the laws of the State of CAL.r%0MIA 19 The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows: tj 1A All company, corporate, or fictitious business names used by any principal having interest in this proposal are as follows: Ve,w-d.,V Tea�4,j i.L.c �e,rdvgo-rafinj a"O A-1-44q-C&l C ®,-,pac„ y For all arbitrations, lawsuits, settlements or the like (in or out of court) you have been involved in with public agencies in the past five years (Attach additional Sheets if necessary) provide: Provide the names, addresses and telephone numbers of the parties; NIA Briefly summarize the parties' claims and defenses; Have you ever had a contract terminated by the owner/agency? If so, explain. Po. Have you ever failed to complete a project? If so, explain. No. For any projects you have been involved with in the last 5 years, did you have any claims or actions by any outside agency or individual for labor comliance (i.e. failure to pay prevailing wage, falsifying certified payrolls, etc.)? Yes / I 20 Are any claims or actions unresolved or outstanding? Yes 0 If yes to any of the above, explain. (Attach additional sheets, if necessary) N /"q Failure of the bidder to provide ALL requested information in a complete and accurate manner may be considered non-responsive. le rdut Bidder t—ernan�o UC✓o�vgp (Print name of Owner or President oyf—CCorporation/Comp t'�� l rGsiQ Pvr7' Authorized Sig ure itle Title y fG �Zoz/ Date On 411(!A262-1 before me, ��`r' d ate Notary Public, personally appeared :mace w a,r, K . who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (SEAL) NoNo ry Public in and for said State My Commission Expires: 21 DAVID MORALES a Commission No. 2274297 'z NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY y Commission Expires January 5, 2023 jt EXHIBIT D CITY OF NEWPORT BEACH BOND NO. 0537618 LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to Verdugo Testing Co., Inc. hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, International Fidelity Insurance Co duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Ten thousand dollars ($10,000 ) lawful money of the United States of America, said sum being equal to 100% of the amount of the annual Agreement price, payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. Verdugo Testing Co., Inc. Page D-1 And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the 25th day of June -'20 21 Antonio Verdugo Name of Contractor (Principal) International Fidelity Insurance Company Name of Surety One Newark Center, 20th Floor, Newark, NJ 07102-5207 Address of Surety (973) 624-7200 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7-12-.7-1 By: Zfes✓ on C. Har kw .t1,t, ity Attorney Authorized Signature/Title Authorized Agent Signature Robyn Kettering, Attorney in fact Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Verdugo Testing Co., Inc. Page D-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California , County of �`„it /J/ �So } ss. On )-411-c 20 Z before me, L er ff Notary Public, personally appeared Kv y'e e4s, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sig ur ----------------- MER R. CROUSE E Commission No. 2354245 i Z NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires April 12, 2025 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County ofcurl �reliQ Iss. On Jl 202-( before me, vi Notary Pu lic, personally appeared 10 - ' proved to me on the basis of satisfactory evidence to be the person(s) who a name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. - DAVID MORALES Commission No. 2274297 Z NOTARY PUBLIC - CALIFORNIA Slg ureSAN DIEGO COUNTY (" n Expires January 5, 2023 Verdugo Testing Co., Inc. Page D-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California T County of SAS L 12 v ,�^ ,I� On �u �v `n . 202 before me, v i� I ► Iaoa Les- %Uo IGI�y —' Date /� Here Insert Name and Title of the Offic r personally appeared A!l+-y✓IirD �rwo4" "Woo Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID MORALES Z Commission No. 2274297 Z NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Commission Expires January 5, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: 02018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: /% ITY /pf IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be v` �P0 signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. G� SEAL �� y INTERNATIONAL FIDELITY INSURANCE COMPANY o r�'„ r y 1904 STATE OF NEW JERSEY 6 p County of Essex y�J ERS� Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personall known, and, being by me duly sworn, said the he is the thereindescribed and authorized officer of the INTERNATIONAL FIDELITY INSURANCE C MPANY; that thesealaffixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. As tart Secretary EXHIBIT E CITY OF NEWPORT BEACH BOND NO. 0537618 FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ Three Hundred dollars , being at the rate of $ 3% thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to Verdugo Testing Co., Inc. hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and International Fidelity Insurance Company duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Ten Thousand Dollars ($ 10,000 ) lawful money of the United States of America, said sum being equal to 100% of the amount, of the annual Agreement price, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any way affect its obligations on this Bond, and it does hereby waive Verdugo Testing Co., Inc. Page E-1 notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the 25th day of June -'20 21 Verdugo Testing Co., Inc. � �i ; �: 6i Name of Contractor (Principal) Authorized Signature/Title International Fidelity Insurance Company Name of Surety Authorized Agent Signature One Newark Center, 20th Floor, Newark NJ 07102-5207 Robyn Kettering, Attorney in fact Address of Surety Print Name and Title (973) 624-7200 Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 7—/2 By: %�'✓ "-�Aa�,r6in C. Harp 'I �•LI ity Attorney NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Verdugo Testing Co., Inc. Page E-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Sin /% t ss. On Jw� 2 ��� 20 2 before me, 161"/ /Z . ca -'4'a Notary Public, personally appeared A d/3 5,�2 �'-e i`+7{/-4"25 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my • and •seal - MAP TYLER R. CROUSE s commission No. 2354245 i a NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY Commission Expires April 12, 2025 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. (seal) State of California County of AVN coe Iss. T On 20 before me, IJaU1� �nrrai 5 , Notary Pu c, personally appeared ✓li Fe o1ayi. v 4 a , proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Sigfifiture DAVID MORALES z Commission No. 2274297 D NOTARY PUBLIC -CALIFORNIA SAN DIEGO COUNTY C Expires January 5, 2023 Verdugo Testing Co., Inc. Page E-3 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of A On JAJ & Z) v before me, -I)avi d N orale At" i Date --`` Here Insert Name and Title of the Offic r personally appeared t7 rr'tTo✓�I1) FP,V A","iAI 0 Name(S) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. DAVID MORALES Z Commission No. 2274297 < NOTARY PUBLIC - CALIFORNIA 10 SAN DIEGO COUNTY Commission Expires January 5, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 1� Signature of Notary Public Wr- I IWIWAL. Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer - Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: ©2018 National Notary Association Number of Pages: Signer's Name: ❑ Corporate Officer- Title(s): ❑ Partner - ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: Tel (973) 624-7200 POWER OF ATTORNEY INTERNATIONAL FIDELITY INSURANCE COMPANY HOME OFFICE: ONE NEWARK CENTER, 20TH FLOOR NEWARK, NEW JERSEY 07102-5207 KNOW ALL MEN BY THESE PRESENTS: That INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing taws of the State of New Jersey, and having its principal office in the City of Newark, New Jersey, does hereby constitute and appoint .. ... .: ........ ......... ........ ........... _.............._....... ROBYN KETTERING San Diego, CA. ........... .. _.... ......... ......... ......... .......... ... ........ ......... _...... . its true and lawful attorney(s)-in fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, stature, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal office. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of Article 3 -Section 3, of the By -Laws adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting called and held on the 7th day of February, 1974. The President or any Vice President, Executive Vice President, Secretary or Assistant Secretary, shall have power and authority (1) To appoint Attorneys -in -fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and, (2) To remove, at any time, any such attorney-in-fact and revoke the authority given. Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said Company adopted at a meeting duly called and held on the 29th day of April, 1982 of which the following is a true excerpt: Now therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. % IT Y /pfG SEAL `� m r y 1904 �EaS��o IN TESTIMONY WHEREOF, INTERNATIONAL FIDELITY INSURANCE COMPANY has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 16th day of October, A.D. 2007. STATE OF NEW JERSEY County of Essex INTERNATIONAL FIDELITY INSURANCE COMPANY Secretary On this 16th day of October 2007, before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said the he is the therein described and authorized officer of the INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate Seal of said Company; that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company. OAFI4ff IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, New Jersey the day and year first above written. c NOTARY C O _ PUBLIC �1 �— 'k JE19;"5� A NOTARY PUBLIC OF NEW JERSEY CERTIFICATION My Commission Expires Nov. 21, 2010 I, the undersigned officer of INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals; and that the said Power of Attorney has not been: revoked and is now in full force and effect IN TESTIMONY WHEREOF, I have hereunto set my hand this day of Assistant Secretary EXHIBIT F CITY OF NEWPORT BEACH BOND NO. LABOR AND MATERIALS PAYMENT BOND WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth. NOW, THEREFORE, We the undersigned Principal, and, duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars and 00/100 ($ ) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California. The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Verdugo Testing Co., Inc. Page F-1 required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California. And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications. In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date.- Aaron ate: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Verdugo Testing Co., Inc. Page F-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of )SS. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Verdugo Testing Co., Inc. Page F-3 EXHIBIT G CITY OF NEWPORT BEACH BOND NO. FAITHFUL PERFORMANCE BOND The premium charges on this Bond is $ , being at the rate of $ thousand of the Agreement price. WHEREAS, the City of Newport Beach, State of California, has awarded to hereinafter designated as the "Principal," an agreement for maintenance and/or repair services, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference. WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement. NOW, THEREFORE, we, the Principal, and duly authorized to transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of Dollars and 00/100 ($ .00) lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), of the Agreement, to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void. As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond. Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed Verdugo Testing Co., Inc. Page G-1 thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications. This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City. In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of 20 Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED Verdugo Testing Co., Inc. Page G-2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of }ss. On 20 before me, Notary Public, personally appeared proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (seal) Verdugo Testing Co., Inc. Page G-3 EXHIBIT H INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES 1. Provision of Insurance. Without limiting Contractor's indemnification of City, and prior to commencement of Work, Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. Contractor agrees to provide insurance in accordance with requirements set forth here. If Contractor uses existing coverage to comply and that coverage does not meet these requirements, Contractor agrees to amend, supplement or endorse the existing coverage. 2. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 3. Coverage Requirements. A. Workers' Compensation Insurance. Contractor shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement. B. General Liability Insurance. Contractor shall maintain commercial general liability insurance and, if necessary, umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than two million dollars ($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products -completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Contractor Verdugo Testing Co., Inc. Page H-1 arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Pollution Liability Insurance. Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims -made policies require a 5 -year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off - Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement or shall specifically allow Contractor or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, and shall require similar written express waivers from each of its subcontractors. B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services Verdugo Testing Co., Inc. Page H-2 contemplated by this Agreement shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self-insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence of Insurance. Contractor shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation. C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor enters into contracts with on behalf of City will be submitted to City for review. Failure of City to request copies of such agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on Verdugo Testing Co., Inc. Page H-3 insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. F. Self-insured Retentions. Any self-insured retentions must be declared to and approved by City. City reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be considered to comply with these requirements unless approved by City. G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. Verdugo Testing Co., Inc. Page H-4 Reyes, Raymund From: Customer Service <customerservice@ebix.com> Sent: Wednesday, July 14, 20215:56 PM To: Reyes, Raymund; Morgan, Shelby Cc: sagar@ebix.com Subject: Compliance Alert -Vendor Number 7223-1 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. This Account has moved from non-compliant to COMPLIANT status and is currently in compliance for certificate of insurance requirements. 7223-1 Verdugo Testing Co., Inc. Sent by Ebix, designated insurance certificate reviewer for the City of Newport Beach.