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81-020 West Valley Construction Co. for Water Facilities emergency construction services. Reso 5607 and 5757WATER FACILITIES SE�ZVICES AGREEMENT E This AGREEMENT, made this"" oC._/ �� day of , 1981 by and between the CITY OF CUPERTINO, hereinafter called CITY and WEST VALLEY CONSTRUCTION C07MPANY, INC., hereinafter called WEST VALLEY. WHEREAS, CITY desires;to contract for CONSTRUCTION SERVICES, hereinafter called "SERVICE." which exceed the equipment, manpower or.the skill.of the CITY work force, and WHEREAS, CITY desires to contract for emergency construction services, hereinafter called "MIERGENCY SERVICES" which require immediate repair or replacement of CITY lines, facilities or equipment, and WHEREAS, WEST VALLEY does represent that it has and will maintain adequate equipment, manpower and supervisory personnel and that it desires to render SERVICES and EMERGENCY SERVICES. NOW TIHEREFORE, be it agreed by and between the parties hereto that: WEST VALLEY shall provide SERVICES and :EMERGENCY SERVICES and shall receive compensation from CITY in accordance with the provisions of this AGREEKENT . CITY shall properly notify WEST VALLEY of the nature of the SERVICES and EPIERGENCY SERVICES and the CITY shall tore EMERGENCY SERVICES and SERVICE materials as outlined within the provisions of this AGREEMENT. SCOPE OF - SERVICES: Within the provisions of this AGREEIIENT .SERVICES shall be inter- preted to have the following meaning: 1. The installation of City water services including all excavations, materials, backfilling and appurtenant devices. All work to be accomplished in accordance with City Standards and City Detail # 47/51. -1- 2. The installation of City Fire sprinkler services in accordance with CITY Standards and details. 3. The raising of valve covers and stems to grade in accordance with CITY Standards. 4. The installation of'all materials required to properly backfill any and all work. 5. The installation, modification or addition of any appurtenance, devices or fitting as directed by the Water Utility Supervisor. All of said work shall be accomplished as outlined in a written work order provided to WEST VALLEY by the City. SCOPE OF EMERGENCY SERVICES: Within the provisions of this AGREEMENT - EMERGENCY SERVICES shall be interpreted to have the following meaning: 1. The installation of repair clamps, water pipes, valves and caps required to repair broken or damaged water facilities. Said repair shall be permanent and only new equipment shall be used. 2. The installation of materials required to properly and adequately backfill all excavation. 3. The repair of fire hydrant services, buries, and hydrants as required. RESPONSE: Emergency Services shall have two types of response - Type A and Type B. Type A: Type A shall mean that water service is interrupted and that immediate and continuous response to the CITY request for repairs is necessary. The CITY shall however, make every effort to provide water service by temporary means. - 2 - Type B: Type B shall mean that a repair is required but WEST VALLEY and the CITY shall mutually agree when the repair can be made. The CITY requires that all of the repairs be made within thirty-six (36) hours of the request for Type B Emergency Services. COMPENSATION: The following shall serve to establish the rates of compensation. The CITY shall pay WEST VALLEY: 1. Labor and Supervision* : The current schedule of local union wage rates and fringe benefits plus 26% of base taxable labor cost for payroll taxes and insurance. WEST VALLEY shall daily log and have countersigned by CITY all labor hours. *See Exhibit "A". 2. Equipment*: The current schedule of WEST VALLEY equipment rates shall serve as the rates for compensation. WEST VALLEY shall have all equipment logs counter- signed on a daily basis by CITY. *See Exhibit "B". 3. Material: The CITY shall maintain a stockpile of material as described on the attached Exhibit C. However, this material shall be replenished by WEST VALLEY within forty-eight (48) hours of use or by CITY as agreed in a separate document by the parties. The current discount of invoice price plus 10% handling costs shall serve as the rate of compensation by CITY to WEST VALLEY for material. 4. Overhead and Profit: CITY shall allow a ten percent (10%) surcharge for profit and a ten percent (10%) overhead charge on all charges authorized herein. - 3 - RESPONSIBILITIES: INDEMNIFICATION: WEST VALLEY shall indemnify, keep and save harmless CITY, and its directors, officers, agents and employees against any and all suits, claims or actions arising out of any injury to persons or property that may occur, or that may be alleged to have occured, in the course of the performance of this AGREEMENT by WEST VALLEY caused by an act or omission of WEST VALLEY or its employees, subcontractors or agents. WEST VALLEY further agrees to defend any any all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses arising therefrom or incurred in connection therewith; and if any judgment be rendered against CITY or any of the other individuals enumerated above in any such action, WEST VALLEY shall, at its expense, satisfy and discharge the same. INSURANCE 1. Workers' Compensation: If WEST VALLEY employs any person to perform work in connection with this AGREEMENT, WEST VALLEY shall procure and maintain at all times during the performance of such work Workers' Compensation Insurance in conformance with the laws of the State of California and with the laws of the United States where applicable. Prior to commencement of work hereunder by any such employee, WEST VALLEY shall deliver to CITY a Certificate of Insurance which shall stipulate that thirty (30) days advance written notice of cancellation or material change shall be given to CITY. 2. Bodily Injury, Death and Property Damage Liability Insurance: WEST VALLEY shall also procure and maintain at all times during the per- formance of this AGREE1,1ENT General Liability Insurance (including automobile operation) with a limit for each occurence of Five Million Dollars ($5,000,000.00), naming as an additional insured, in connection with WEST VALLEY'S activities, CITY and its dir- ectors, officers, employees and agents. The Insurer shall agree that its policy is - 4 - Primary Insurance and that it shall be liable under its policy for the full amount of any loss up to and including the total limit of liability without right of con- tribution from any other insurance effected by CITY. Inclusion of CITY as an additional insured shall not in any way affect its rights as respects to any claim, demand, suit or judgment made, brought or re- covered against WEST VALLEY. Said policy shall protect WEST VALLEY and CITY in the same manner as though a separate policy had been issued to each; but nothing in said policy shall operate to increase the Insurer's liability as set forth in the policy beyond the amount or amounts shown or to which the Insurer would have been liable if only one interest had been named as an insured. Prior to commencement of work hereunder, WEST VALLEY shall deliver to CITY a Certificate of Insurance which shall stipulate that thirty (30) days advance written notice of cancellation or material change shall be given to CITY. FAIR EMPLOYI%ENT OPPORTUNITY: In connection with the performance of this AGREEMENT, WEST VALLEY shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, physical handicap or national origin. TER%l OF AGREEMENT: The term of this AGREEMENT shall be for a period of Six (6) Months, com- mencing April , 1981. CONTRACTOR'S STATUS: Neither WEST VALLEY nor any party contracting with WEST VALLEY shall be deemed to be an agent or employee of CITY. WEST VALLEY is and shall be an independent contractor, and the legal relationship of any person performing services for WEST VALLEY shall be one solely between said parties LIC. #174968 - 5 - WEST VALLEY'S license number is ecc T!'_T,AfLNTR'. WEST VALLEY shall not assign any of its rights nor transfer any of its obligations under this AGREEMENT without prior written consent of.CITY. RECORDS: WEST VALLEY shall permit representatives of CITY to have access to, examine and make copies, at CITY'S expense, of its books, records and documents relating to this AGREEMENT at all reasonable times. SUSPENSION AND TERMINATION: CITY shall have the right to suspend or to terminate this AGREEMENT at any time by giving notice of intent 30 days prior to termination. In the event of suspension or termination for any reason other than the fault of WEST VALLEY, WEST VALLEY shall be compensated in accordance with the terms of this AGREEMENT for the services actually performed to the date of such suspension or termination, plus any reasonable costs and expenses resulting from such suspension or termination. NOTICES: All communications relating to the day to day activities of the project shall be exchanged between the Tdater Utility Supervisor and WEST VALLEY. All other,notices and communications deemed by either party to be necessary or desirable to be given to the other party shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to CITY: City of Cupertino P. 0. Box 580 Cupertino, CA 95015 Attention: Mr. Bert Viskovich - Director of Public Works If to WEST VALLEY: West Valley Construction Company P. 0. Box 6059 San Jose, CA 95150 Attention: Mr. Robert Ciapponi - 6 - The address to which mailing may be m;.ide may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above. ATTORLEY'S FEES: If any legal proceeding should be instituted by either of the parties hereto to enforce the terms of this AGREEMENT or to determine rights of the parties thereunder, the prevailing party in said proceeding shall recover in addition to all court costs, reasonable attorney's fees. This AGREEMENT, its interpretation and all work performed thereunder,.shall be governed by the laws of the State of California. SAFETY REQUIRU-TENTS : TEST VALLEY shall maintain and supply all California 0. S. H. A. required devices and shall adhere to all regulations, including the trench safety permit requirements. BINDING OF SUCCESSORS: All of the terms, pfovisions and conditions of this AGREEMENT shall be binding upon and unure to the benefit of the parties hereto and their respective successors, assign and legal representatives. 7 - IN WIT14ESS WHEREOF, the parties hereto have executed this AGREEMENT by their duly authorized officers as of the day and year first above written. Approved as to Form: City Attoritey STATE OF CALIFORNIA ss COUNTY OF SANTA CLARA ) CITY OF CUPERTINO r. 1 ITIdyor ity Clerk WEST VALLEY CONSTRUCTION COMPA11TY, INC. Q President _. 1--ji aL:un: On this 8th _ day of April 19 81 , before me, Joy H. Rosenthal , a Notary Public in and for the said County and State, residing.therein, duly commissioned and sworrt,.,per- sonally appeared Albert R. Evers, Jr. , known to me to be the ,,,_,_,,,,, President of West Valley Construction Comp -any. -In -c. the corporation that executed the within and foregoing instrument and known to me to be the person who executed the within instrument on behalf of said corporation therein named, and acknowledged to me that such corporation executed the same and acknowledged to me that such corporation executed the ;rithin instrument pursuant to its by-laws or a resolution of its Board of Directors. tri Witness whereof, I have official seal the day and year in ,^. `UG`(9G`(9C C"G.L��::iG'JG1JG�(9�:9GL9G `JG U` GC�GC9-C OFFICIAL SEAL JOY H. P.O$ENTHAL r',131_!C - CALIFORNIA ct COUNTY G My Conimisson Expi;a Qct. 17, 1983 1C_)QG)?GyQn:; hereunto set my hand and affixed my this Certifica st above written. Notary Nblic in and for the County of Santa Clara , State of California 'We a *I/ # 174968 CONSTRUCTION COMPANY, INC. POST OFFICE BOX 6069 SAN JOSE, CALIF. 96160 Exhibit "A" TELEPHONE 371-6610 Rates Effective 1/1/81 thru' 6/15/81 WAGE RATES OPERATING ENGINEERS Foreman 18.28 Vacation 1.55 Backhoe & Crane 16.59 Loader & Rodder 16.07 Slugger 14.04 Benefits 5.43 LABORERS Foreman 18.28 Foreman/Laborer "A" 15.34 Vacation 1.40 Foreman/Laborer "B" 14.34 Skilled Laborer 13.59 Unskilled Laborer 13.34 Pipelayer 13.79 S. Calhoun 16.34 Benefits 3.16 TEAMSTERS 5 Yard Dump 14.70 5 Yard Dump w/ Trailer 14.821 Vacation 1.40 10 Yard Dump 15.14 Lowbed 15.15 Water Truck 14.71 D. Richards 15.64 Benefits 3.79 Apprentice 50¢ over Vacation 1.60 Vacation 1.90 Foreman Journeyman Benefits Foreman/Working Journeyman Benefits Laborers Teamsters Cement Masons Carpenters -2- CARPENTERS CEMENT MASONS SUBSISTENCE 17.95 16.95 3.691 16.10 15.60 3.48 17.00 per day 16.00 per day 17.00 per day 17.00 per day # 174968 We a CONSTRUCTION COMPANY, INC. POST OFFICE BOX 6059 SAN JOSE, CALIF. 95150 TELEPHONE 371-5510 Rates Effective 1/1/81 thru 6/30/81 PLUMBERS Local 393 Foreman 22.47 Vacation 1.00 Journeyman 20.43 Vacation .55 Apprentice 13.59 Benefits 4.73 District 36 Journeyman 16.08 Vacation 1.00 Apprentice 14.34 Apprentice 12.86 Benefits 4.40 Local 444 Journeyman 20.37 Vacation 1.52 Helper 11.20 Benefits 4.63 Local 467 Foreman 20.53 Vacation 1.83 Journeyman 18.66 Vacation 1.63 Apprentice 13.59 Benefits 4.74 #174968 WWAva&e# CONSTRUCTION COMPANY, INC. POST OFFICE BOX 6059 SAN JOSE, CALIF. 95150 TELEPHONE 371-5510 CITY OF CUPERTINO Schedule of Equipment Rates Effective April 1, 1981 to Sept. 30, 1981 Transportation John Exhibit - B 1 - Pickups 1/2 or 3/4 ton 4.45 2 - Pickups 1/2 or 3/4 ton W/radio 5.00 3 - Flatbed - 1 ton crew truck W/tools 13.65 4 - Semi Transport Tired, 29.70 5 - Dump Truck - 5 cu.yd. 17.70 6 - Water Truck - 1,500 gallon 16.40 7 - Tapping Truck - wet tap 13.65 8 - Tilt Trailer 16- 3.50 Trenching Machines 9 - Cleveland Model 110 17.70 10- Cleveland Model JS -36 28.50 11- Ditchwitch Model 65 14.65 12- Earth Saw Attachment Ditchwitch 65 W/teeth 65.80 Backhoes and Cranes 13- John Deere Model 690, Crawler Backhoe, 1 cu.yd. 29.15 14- John Deere Model 510, Rubber Tired, Backhoe 23.10 15- John Deere Model 500, Rubber Tired, Backhoe 20.65 16- John Deere Model 410, Rubber Tired, Backhoe 18.45 17- John Deere Model 310, Rubber Tired, Backhoe 18.45 Backhoes and Cranes, cont. 18- Massey Ferguson, Rubber Tired, Backhoe 18.45 19- Digmore, Backhoe Attachment 18.30 3.00 20- Pitman, Hydraulic Crane, Truck Mtd. 19.05 21- Grove, Hydraulic Crane, Self Propelled 20.35 22- International TD -9 Swing Crane 14.30 Tractors and Leaders 23- Cat D -G Dozer W/blade 20.50 24- Cat 955 Loader, 2 cu.yd 18.30 25- John Deere 444 Loader 112 cu.yd. 17.40 26- John Deere 544 Loader 2 cu.yd. 19.15 27- John Deere 570 Motor Grader 19.85 28- John Deere 450 Dozer W/sideboom 14.95 29- Massey Ferguson Loader/Scraper 13.80 30- Fork Lift 5000# 14.85 Compaction and Paving Eauioment 31- Hydra Hammer, Arrow 16.95 32- Oil Distributer Trailer 5.20 33- 3 to 5 ton Roller 12.45 34- Vibrator Roller 9.50 35- Wacker Tamper 5.75 2hr.min. 36- Power Broom 4.95 37- Concrete, Dump Trailer 2.75 Air Compressors and Equipment 38- 58CFM Compressor W/tools 8.55 4hr.min 39- 125CFM Compressor W/tools 9.40 4hr.min 40- Air Rotary Hammer (no bits) 1.40 2hr.min Generators and Welders 41- Truck Mounted Welder W/tools 13.65 42- Portable Welder 7.70 43- Portable Generator 6.05 44- Cutting Torch W/attachments 3.50 Pumps 45- Water Pumps (Air) 2" & less 3.30 2hr.min 46- Water Pumps (Air) 3" 4.05 2hr.min 47- Water Pumps (Gas Engine) 2" & less 3.60 2hr.min 48- Water Pumps (Gas Engine) 3" 4.50 2hr.min 49- Test Pump 13.20 Ea. p -day 3.50 Barricades W/lights Misc. Equipment 50- Concrete Saw W/blade 34.10 2hr.min 51- Chain Saw 4.40 2hr.min 52- Multi-purpose saw W/blades 4.45 2hr.min 53- Pipe Jacking Machine W/power unit 8.60 54- Boring Machine, Service 7.00 55- Hydraulic Trench Jacks 8.20 Ea. p -day 56- Steel Crossing Plates (10' X 6') 13.20 Ea. p -day 57- Barricades W/lights 0.70 Ea. p -day 58- Barricades W/0 lights 0.55 Ea. p -day 59- Water Trailer 5.70 60- Hydraulic Pipe Cutter & Threader 5.80 Page 1/2 EXHIBIT C INVENTORY OF SPARE PARTS - CORPORATION YARD Repair Clamps 1 ga. 4" 4.77 to 5.52 with 1" tap 1 6" 6.84 to 7.64 with 1" tap 1 8" 8.99 to 9.79 with 1" tap 2 10" 11.40 to 12.20 1 8" 8.95 to 9.79 wide range 2 8" 9.27 to 9.67 1 8" 9.27 to 9.67 -- 13" long 2 6" 6.84 to 7.24 1 4" 4.00" 1 4" 3.96 to 4.25 3 4" 4,74 to 5.54 wide range Couplings; 2 Ea. 8" A. C. P. 2 6" A. C. P. 2 4" A. C. P. 4 2" A. C. P. 4 2 x 2 0. D. 4 1" 4 3/4" Pipe: 1 EA. A. C. 6", 8",.10" Diameter 1 A. C. Collars and Rubbers Iron Pipe to Copper 6 1" 6 3/4" Page 2/2 Copper Pipe to Copper 6 1" 6 3/4" Copper to Copper Pack Joints 6 1" 6 3/4" 60' 1" copper 60' 3/4" copper EXHIBIT D SAFETY EQUIPMENT STOCKPILE 4 Lighted Barricades 10 Barricades 1 110 Volt Area Light 1 "M', Scope 1 Leak Detector 1 Metal Detector 1 Generator - 110 Volts 2 Tapping Machines - 3/4" to 2" 2 "Lane Closed" Signs 2 "Road Work 500 Feet Ahead" Signs 2 '�Ien Working" Signs 50 28" Safety Cones 5-rbNDAR D OET'AI L FOR FIRE SERVICES R,e-s of Gul'.P5 1 � IK�I 'FuRN1'�k-1�� P�Ip INS'(`AU.S INN j �p�FPt�If�\It�WE � VAuk�. 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I LA CITY OF CUP ERT INo CUPI.RTIM0 WAI'EFR UT-►T`{ STANDARD PETAIL9 RESOLUTION NO. 5607 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF WATER FACILITIES AGREEMENT BE- TWEEN THE CITY OF CUPERTINO AND WEST VALLEY CONSTRUCTION COMPANY, INC. WHEREAS, there has been presented to the City Council a "Water Facilities Services Agreement" by and between the City of Cupertino and West Valley Construction Company, Inc., for the contractor to render emergency construc- tion services which exceed the equipment, manpower or the skill of the City work force; and WHEREAS, the terms and conditions of said agreement having been approved by the Director of Public Works and the City Attorney; NOW, THEREFORE, BE IT RESOLVED. that the Mayor and the City Clerk are hereby authorized to execute the aforementioned agreement in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 20th day of April 1981 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Reed Sparks Mayor, City of Cupertino ATTEST: /s/ Lucille Campagna-Blaise City Clerk WATER FACILITIES SERVICES AGREEMENT AMENDMENT NO. 1 WHEREAS, the City of Cupertino and West Valley Construction Company, Inc. on April 20, 1981, entered into an agreement for West Valley to render certain maintenance services; and WHEREAS, said agreement expired on October 19, 1981; and INTHEREAS, West Valley and the City do mutually desire to extend the terms of that certain agreement until September 30, 1982. IN WITNESS WHEREOF, the parties hereto have exeuted this Amendment No. 1 to Water Facilities Services Agreement by their duly authorized officers this day of //"c� , 1981., by West Valley and this 16th day of November 1981, by the City. APPROVED AS TO F CITY OF CUPERTINO Mayor City ClM-_ I STATE OF CALIFORNIA, ........................... County of ......... Santa ... Cl.ara—............................ }ss. On this ... _...... 6.h ........... day of. .._NOV21.1b2r in the year one thousand nine hundred and ....e7.9htY-0112 ....before me, ..... �gy... H Rosenthal..--•------------------------------- a Notary Public, State of California, duly commissioned and sworn, personally appeared P -U..1 i Ck...KR....Ke 1.1.Y ••---.......-•--------------•---•-----------•------...------------•-----------....------------.....---------._...----- a known to me to be the ............ j1 C2._..PY eS..dell.................... _...... of the corporation described in and that executed the within instrument, and also known to me to be the person ............ who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same........................................................................................ IN WITNESS WHEREOF I have hereunto set m hand and affixed my official seal Santa Clara tICI AL .�;tr Jthe........ of.......................... -_...-- ....--------.......------..._........_t a day and Fl, 1, t.:�Jci ; ;�'e4r in thiycertificate first above written. " G c�`- .: - h?T�•iY PUBLIC - �;�u U"tliA ...-__ ------------- NF1, ll1._....,._ . Notar y Publi , State of California. 983 xEA:l.tot , '1 Oct. 17983 G Oct. 1� , MyCommission Expires.......................................................................... This document is only a general form which may be proper for use in simple transections and in no way acts, or is intended to Cowden s Form No. 27—(Acknowledgment Corporation), act, as a substitute for the advice of an attorney. The publisher does not make any warranty, either express or implied as to the legal (C. C. Sees. 1190-1190.1) validity of any provision or the suitability of these forms in any specific transaction. RESOLUTION NO. 5757 A RESOLUTION OF THE CI'T`Y COUNCIL OF THE CITY OF CUPERTINO AUTHORIZING EXECUTION OF "WATER FACILITIES SERVICES AGREEMENT, AMENDMENT NO. 1", BETWEEN THE CITY OF CUPER- TINO AND WEST VALLEY CONSTRUCTION COMPANY, EXTENDING TERMS OF PRIOR AGREEMENT WHEREAS, the City of Cupertino and West Valley Construction Company, Inc. on April 20, 1981, entered into an agreement for West Valley to render certain maintenance services; and WHEREAS, said agreement expired on October 19, 1981; and WHEREAS, West Valley and the City do mutually desire to extend the terms of that certain agreement until September 30, 1982. NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Clerk are hereby authorized to execute Water Facilities Services Agreement, Amendment No. 1, extending the aforementioned agreement to September 30, 1982, in behalf of the City of Cupertino. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 16th day of November , 1981 by the following vote: Vote Members of the City Council AYES: Gatto, Johnson, Plungy, Rogers, Sparks NOES: None ABSENT: None ABSTAIN: None APPROVED: /s/ Reed Sparks Mayor, City of Cupertino ATTEST: /s/ Dorothy Cornelius City Clerk