HomeMy WebLinkAboutAgreement A-22-313 wWM Lyles.pdf 22-0055
Agreement No. 22-313
1 AGREEMENT
2
3 THIS AGREEMENT ("Agreement") is made and entered into this 12th day of July 2022, by
4 and between the COUNTY OF FRESNO, a Political Subdivision of the State of California,
5 hereinafter referred to as "COUNTY", and W.M. Lyles, Co., a California Corporation whose address
6 is 1525 W. Alluvial Avenue, Fresno, CA. 93711, hereinafter referred to as "CONTRACTOR".
7 WITNESSETH:
8 WHEREAS, on December 1, 2020, the COUNTY entered into a purchasing agreement with W.M.
9 Lyles, Co. for a two-year term for a total maximum amount of$150,000.
10 WHEREAS, on January 11, 2021, the W.M. Lyles Purchasing Agreement # P-20-451, amount was
11 increased to a maximum amount of$200,000.
12 WHEREAS, there have been extensive repairs since the execution of Agreement No. 20-451 and
13 the COUNTY has reached the purchasing manager's authority of$200,000.
14 WHEREAS, the COUNTY and the CONTRACTOR now desires to convert the Purchasing
15 Agreement to a Board Agreement to increase the contract value from $200,000 to $300,000 for the first 2-
16 years and $150,000 per year for the remaining year and two successive renewals, for a total of $750,000
17 maximum compensation for the 3-year term of the contract and two consecutive renewals, to meet the
18 repairs/general contractor services for Fresno County operated water and wastewater Special Districts,
19 as indicated in Section 1A below.
20 WHEREAS, the COUNTY requires general contracting services and emergency general contracting
21 services in order to provide municipal water and sewer services, and operate and maintain water and
22 sewer treatment facilities within Special Districts; and
23 WHEREAS, such general contracting services may include, but not be limited to; road repairs,
24 painting, concrete repair, emergency water and sewer line repair, step tank excavation and confined space
25 work; and
26 WHEREAS, emergency services may be required when demanded by circumstances, in order to
27 meet minimum health and safety standards for water and sewer services.
28 NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions herein
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1 contained, the parties hereto agree as follows:
2 1. OBLIGATIONS OF THE CONTRACTOR
3 A. CONTRACTOR shall provide all services (including but not limited to, labor,
4 material, equipment, transportation and taxes) related to general and emergency contractor services for
5 the following Special Districts:
6 1. County Service Area No. 1 (Tamarack)
7 2. County Service Area No. 5 (Wildwood Island)
8 3. County Service Area No. 10 (Cumorah Knolls)
9 4. County Service Area No. 10A (Mansionette Estates)
10 5. County Service Area No. 14 (Belmont Manor)
11 6. County Service Area No. 23 (Exchequer Heights)
12 7. County Service Area No. 30 (El Porvenir)
13 8. County Service Area No. 31 B (Shaver Lake)
14 9. County Service Area No. 32 (Cantua Creek)
15 10. County Service Area No. 34 (Millerton New Town)
16 11. County Service Area No. 34SWTP (Surface Water Treatment Plant)
17 12. County Service Area No. 34WWTF (Wastewater Treatment Plant)
18 13. County Service Area No. 34A (Brighton Crest)
19 14. County Service Area No. 34B (Ventana Hills)
20 15. County Service Area No. 34C (Bella Vista)
21 16. County Service Area No. 34D (Renaissance at Bella Vista)
22 17. County Service Area No. 34F (The Vistas)
23 18. County Service Area No. 34G (Granville)
24 19. County Service Area No. 43W (Raisin City)
25 20. County Service Area No. 44A (Friant Mobile Home Park)
26 21. County Service Area No. 44C (Riverview Ranch)
27 22. County Service Area No. 44D (Monte Verdi)
28 23. County Service Area No. 47 (Quail Lake)
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1 24. County Service Area No. 49 (O'Neil's Farming)
2 25. Waterworks District No. 37 (Mile High)
3 26. Waterworks District No. 38 (Sky Harbour)
4 27. Waterworks District No. 40 (Shaver Springs)
5 28. Waterworks District No. 41 W (Shaver Lake)
6 29. Waterworks District No. 41 S (Shaver Lake)
7 30. Waterworks District No. 42 (Alluvial/Fancher)
8 31. JJC (Juvenile Justice Campus)
9 B. CONTRACTOR shall perform the services in accordance with all standard
10 contractor, mechanical, plumbing and building codes as described in the California Building Standards
11 under Title 24 of the California Code of Regulations. CONTRACTOR shall charge for services rendered
12 at the rates hereafter set forth in Section 5, COMPENSATION.
13 C. Services shall be performed on an as-needed basis upon notification by the
14 COUNTY Representative, as defined in Section 2.B. below. The notification may be given by telephone
15 call, email or other writing. Upon notification by the COUNTY Representative, CONTRACTOR shall
16 provide to the COUNTY Representative a date and time of the CONTRACTOR's estimated arrival at the
17 job site. The contact person for the CONTRACTOR is: Tyler Caglia: Office: (559) 268-1540; Cell Phone
18 (559) 470-8750; Email: tcagliaCcDwmlvlesco.com.
19 2. OBLIGATIONS OF THE COUNTY
20 A. COUNTY shall compensate the CONTRACTOR as provided in Section 5 of this
21 agreement.
22 B. The COUNTY Representative shall work with the CONTRACTOR in carrying out
23 the provisions of this Agreement. The COUNTY Representative is the COUNTY Director of the
24 Department of Public Works and Planning or his or her designee. The CONTRACTOR shall
25 communicate and coordinate with the COUNTY Representative, who will provide the following services:
26 1) Examine documents submitted to the COUNTY and work with the
27 CONTRACTOR and timely render decisions pertaining to those documents; and
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1 2) Provide communication between the CONTRACTOR and COUNTY
2 officials and commissions (including Fresno County Department of Public Works and Planning).
3 C. COUNTY shall give reasonably prompt consideration to all matters submitted by
4 the CONTRACTOR for approval to the end that there will be no substantial delays in the
5 CONTRACTOR's program of work. An approval, authorization, or request given by the COUNTY to the
6 CONTRACTOR will only be binding upon the COUNTY under the terms of this Agreement if the
7 approval, authorization, or request is in writing and signed on behalf of the COUNTY by the COUNTY
8 Representative or a designee.
9 3. TERM
10 The term of this Agreement shall be for a period of three (3) years, commencing on December 20,
11 2020, through and including December 19, 2023. This Agreement may be extended for two (2) additional
12 consecutive twelve (12) month periods upon written approval of both parties no later than thirty (30) days
13 prior to the first day of the next twelve (12) month extension period. The Director of Public Works and
14 Planning, or his or her designee is authorized to execute such written approval on behalf of COUNTY
15 based on CONTRACTOR'S satisfactory performance.
16 4. TERMINATION
17 A. Non-Allocation of Funds-- The terms of this Agreement, and the services-to be
18 provided hereunder, are contingent on the approval of funds by the appropriating government agency.
19 Should sufficient funds not be allocated, the services provided may be modified, or this Agreement
20 terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice.
21 B. Breach of Contract - The COUNTY may immediately suspend or terminate this
22 Agreement in whole or in part, where in the determination of the COUNTY there is:
23 1) An illegal or improper use of funds;
24 2) A failure to comply with any term of this Agreement;
25 3) A substantially incorrect or incomplete report submitted to the COUNTY;
26 4) Improperly performed service.
27 In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach
28 of this Agreement or any default which may then exist on the part of the CONTRACTOR. Neither shall such
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1 payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default.
2 The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any
3 funds disbursed to the CONTRACTOR under this Agreement, which in the judgment of the COUNTY were
4 not expended in accordance with the terms of this Agreement. The CONTRACTOR shall promptly refund
5 any such funds upon demand.
6 C. Without Cause - Under circumstances other than those set forth above, this
7 Agreement may be terminated by COUNTY upon the giving of thirty (30) days advance written notice of an
8 intention to terminate to CONTRACTOR.
9 5. COMPENSATION/INVOICING: COUNTY agrees to pay CONTRACTOR and
10 CONTRACTOR agrees to receive compensation as detailed in Exhibit A.
11 CONTRACTOR shall submit monthly invoices to the County of Fresno Department of Public Works and
12 Planning, Resources Division, Special Districts Administration.
13 In no event shall compensation paid for services performed under this Agreement be in excess of
14 $750,000 during the term of this Agreement. It is understood that all expenses incidental to
15 CONTRACTOR'S performance of services under this Agreement shall be borne by CONTRACTOR.
16 A. Payments will be made by the COUNTY upon receipt and approval of the
17 CONTRACTOR's invoices. CONTRACTOR shall submit to the County of Fresno Department of Public
18 Works and Planning a separate invoice for each special district, or facility serviced. Invoices shall
19 clearly identify the county service area, county waterworks district, or facility where the work was
20 performed, and a cost breakdown based on the service provided and prices stated in Section 5.
21 COMPENSATION. CONTRACTOR shall send all invoices by United States Mail to:
22 Fresno County Department of Public Works and Planning
23 Resources Division, Special Districts Administration
2220 Tulare Street, Sixth Floor
24 Fresno, CA 93721
25 B. COUNTY shall pay CONTRACTOR within forty-five (45) days after receipt and
26 verification of the accuracy and sufficiency of CONTRACTOR's invoice(s). In the event that a submitted
27 invoice contains any errors or is otherwise determined to be insufficient, COUNTY will request that
28 corrections be made, and a revised invoice shall be resubmitted by CONTRACTOR. CONTRACTOR
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1 understands that the 45-day time frame shall commence only upon receipt and verification that a
2 sufficient invoice has been submitted.
3 6. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations
4 assumed by CONTRACTOR under this Agreement, it is mutually understood and agreed that
5 CONTRACTOR, including any and all of the CONTRACTOR'S officers, agents, and employees will at all
6 times be acting and performing as an independent contractor, and shall act in an independent capacity and
7 not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY.
8 Furthermore, COUNTY shall have no right to control or supervise or direct the manner or method by which
9 CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer
10 this Agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the
11 terms and conditions thereof.
12 CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and
13 regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
14 Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right
15 to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable
16 and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In
17 addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating
18 to payment of CONTRACTOR'S employees, including compliance with Social Security withholding and all
19 other regulations governing such matters. It is acknowledged that during the term of this Agreement,
20 CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement.
21 7. MODIFICATION: Any matters of this Agreement may be modified from time to time by the
22 written consent of all the parties without, in any way, affecting the remainder.
23 8. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement
24 nor their rights or duties under this Agreement without the prior written consent of the other party.
25 9. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at
26 COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and
27 expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or
28 resulting to COUNTY in connection with the performance, or failure to perform, by CONTRACTOR, its
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1 officers, agents, or employees under this Agreement, and from any and all costs and expenses (including
2 attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm,
3 or corporation who may be injured or damaged by the performance, or failure to perform, of
4 CONTRACTOR, its officers, agents, or employees under this Agreement.
5 The provisions of this Section 9 shall survive termination of this Agreement.
6 10. INSURANCE
7 Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third
8 parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance
9 policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or
10 Joint Powers Agreement (JPA)throughout the term of the Agreement:
11 A. Commercial General Liability
12 Commercial General Liability Insurance with limits of not less than Two Million Dollars
13 ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This
14 policy shall be issued on a per occurrence basis. COUNTY may require specific coverages including
15 completed operations, products liability, contractual liability, Explosion-Collapse-Underground, fire legal
16 liability or any other liability insurance deemed necessary because of the nature of this contract.
17 B. Automobile Liability
18 Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars
19 ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto
20 used in connection with this Agreement.
21 C. Professional Liability
22 If CONTRACTOR employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in
23 providing services, Professional Liability Insurance with limits of not less than One Million Dollars
24 ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
25 D. Worker's Compensation
26 A policy of Worker's Compensation insurance as may be required by the California Labor
27 Code.
28 Additional Requirements Relating to Insurance
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1 CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming
2 the County of Fresno, its officers, agents, and employees, individually and collectively, as additional
3 insured, but only insofar as the operations under this Agreement are concerned. Such coverage for
4 additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained
5 by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance
6 provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without
7 a minimum of thirty (30) days advance written notice given to COUNTY.
8 CONTRACTOR hereby waives its right to recover from COUNTY, its officers, agents, and
9 employees any amounts paid by the policy of worker's compensation insurance required by this
10 Agreement. CONTRACTOR is solely responsible to obtain any endorsement to such policy that may be
11 necessary to accomplish such waiver of subrogation, but CONTRACTOR's waiver of subrogation under
12 this paragraph is effective whether or not CONTRACTOR obtains such an endorsement.
13 Within Thirty (30) days from the date CONTRACTOR signs and executes this Agreement,
14 CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the
15 foregoing policies, as required herein, to the County of Fresno, Department of Public Works and Planning,
16 Resources Division, 2220 Tulare Street, 6th Floor, Fresno, California 93721, Attn: Special Districts Section,
17 stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its
18 officers, agents and employees will not be responsible for any premiums on the policies; that for such
19 worker's compensation insurance the CONTRACTOR has waived its right to recover from the COUNTY, its
20 officers, agents, and employees any amounts paid under the insurance policy and that waiver does not
21 invalidate the insurance policy; that such Commercial General Liability insurance names the County of
22 Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only
23 insofar as the operations under this Agreement are concerned; that such coverage for additional insured
24 shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its
25 officers, agents and employees, shall be excess only and not contributing with insurance provided under
26 CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed without a
27 minimum of thirty (30) days advance, written notice given to COUNTY.
28 In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein
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1 provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this
2 Agreement upon the occurrence of such event.
3 All policies shall be issued by admitted insurers licensed to do business in the State of California,
4 and such insurance shall be purchased from companies possessing a current A.M. Best, Inc. rating of A
5 FSC VI or better.
6 11. AUDITS AND INSPECTIONS: The CONTRACTOR shall at any time during business
7 hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination
8 all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR
9 shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data
10 necessary to ensure CONTRACTOR'S compliance with the terms of this Agreement.
11 If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to
12 the examination and audit of the California State Auditor for a period of three (3) years after final payment
13 under contract (Government Code Section 8546.7).
14 12. NOTICES: The persons and their addresses having authority to give and receive notices
15 under this Agreement include the following:
16 COUNTY OF FRESNO CONTRACTOR
Department of Public Works and Planninq W.M. Lyles, Co.
17 Resources Division, Special Districts Administration 1210 W. Olive Ave.
2220 Tulare Street, Sixth Floor P.O. Box 4377
18 Fresno, CA 93721 Fresno, CA 93744
19 All notices between the COUNTY and CONTRACTOR provided for or permitted under this
20 Agreement must be in writing and delivered either by personal service, by first-class United States mail, by
21 an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by
22 personal service is effective upon service to the recipient. A notice delivered by first-class United States
23 mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid,
24 addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one
25 COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid,
26 with delivery instructions given for next day delivery, addressed to the recipient. A notice delivered by
27 telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is
28 completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the
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1 next beginning of a COUNTY business day), provided that the sender maintains a machine record of the
2 completed transmission. For all claims arising out of or related to this Agreement, nothing in this section
3 establishes, waives, or modifies any claims presentation requirements or procedures provided by law,
4 including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code,
5 beginning with section 810).
6 13. GOVERNING LAW: Venue for any action arising out of or related to this Agreement shall
7 only be in Fresno County, California.
8 The rights and obligations of the parties and all interpretation and performance of this Agreement
9 shall be governed in all respects by the laws of the State of California.
10 14. DISCLOSURE OF SELF-DEALING TRANSACTIONS
11 This provision is only applicable if the CONTRACTOR is operating as a corporation (a for-profit
12 or non-profit corporation) or if during the term of the agreement, the CONTRACTOR changes its status
13 to operate as a corporation.
14 Members of the CONTRACTOR's Board of Directors shall disclose any self-dealing transactions
15 that they are a party to while CONTRACTOR is providing goods or performing services under this
16 agreement. A self-dealing transaction shall mean a transaction to which the CONTRACTOR is a party
17 and in which one or more of its directors has a material financial interest. Members of the Board of
18 Directors shall disclose any self-dealing transactions that they are a party to by completing and signing a
19 Self-Dealing Transaction Disclosure Form, attached hereto as Exhibit B and incorporated herein by
20 reference, and submitting it to the COUNTY prior to commencing with the self-dealing transaction or
21 immediately thereafter.
22 15. ELECTRONIC SIGNATURE: The parties agree that this Agreement may be executed by
23 electronic signature as provided in this section. An "electronic signature" means any symbol or process
24 intended by an individual signing this Agreement to represent their signature, including but not limited to (1)
25 a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned
26 and transmitted (for example by PDF document) of a handwritten signature. Each electronic signature
27 affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of
28 the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any
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1 administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten
2 signature of that person. The provisions of this section satisfy the requirements of Civil Code section
3 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5,
4 beginning with section 1633.1). Each party using a digital signature represents that it has undertaken and
5 satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5),
6 and agrees that each other party may rely upon that representation. This Agreement is not conditioned
7 upon the parties conducting the transactions under it by electronic means and either party may sign this
8 Agreement with an original handwritten signature.
9 16. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the
10 CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous
11 Agreement negotiations, proposals, commitments, writings, advertisements, publications, and
12 understanding of any nature whatsoever unless expressly included in this Agreement.
13 17. SEVERABILITY:
14 If any provision of this agreement is found or deemed to be invalid, this agreement shall
15 be construed as not containing that provision and all other provisions which are otherwise lawful shall
16 remain in full force and effect, and to this end the provisions of this agreement are hereby declared to be
17 severable.
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1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year
2 first hereinabove written.
3
4 CONTRACTOR CO,UN�� FRESNO
5 _
(Authorized Sign r Brian Pacheco, Chairman of the Board of
6 Supervisors of the County of Fresno
7 Kevin R. Shigematsu,Sr.Vice President
Print Name & Title
8
525 W.Alluvial Ave.
9
Fresno, CA 93711
10 Mailing Address ATTEST:
Bernice E. Seidel
11 Clerk of the Board of Supervisors
12 County of Fresno, State of California
13
14
15 By.
16 Deputy
FOR ACCOUNTING USE ONLY:
17 Fund: See Exhibit C
18 Subclass: See Exhibit C
19 ORG: See Exhibit C
20 Account: See Exhibit C
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EXHIBIT A
W. M. LYLES CO. Central Division-Bakersfield Office
P.O.Box 80605
Bakersfield,CA 93380
CONTRACTOR Telephone (661)387-1600
si-1%5 Fax(661)387-1620
Progress Through Performance"' www.wmlylesco.com
An Equal Opportunity Employer
California Contractor's License No.422390 DIR#1000001448
TO OUR CUSTOMERS:
Effective July 1, 2021,our Standard Cost-Plus billing formula will be as follows:
1. Labor: Hours billed according to job payroll records, per the terms below.
(a) Craftsmen will be paid in accordance with the attached labor rates.
2. Insurance and Taxes (Including Workers' Compensation, applicable insurance and taxes.)
(a) Water Mains and Gas Distribution: 20%of Labor
(b) Sanitary Sewer and Storm Drain Lines: 19%of Labor
(c) Excavation: 21%of Labor
(d) Concrete: 22%of Labor
(e) Conduit: 19%of Labor
(f) Irrigation: 21%of Labor
(g) Grading-Street and Road Construction: 20%of Labor
(h) Paving-Street and Road Construction: 20%of Labor
(i) Millwright: 19%of Labor
3. Tool Expense: 6%of Labor.
4. Welfare and Pension Fund: As per the Fringe Benefits listed on the attached rate sheet.
5. Subsistence: Billed at Actual Cost(if applicable).
6. Materials and Subcontract: According to Suppliers' Bills.
7. Equipment: As per our established Cost-Plus Rates(attached).
8. Overhead: 10%of Items 1 through 7.
9. Profit: 10%of Items 1 through 8.
Crews will be billed at 8 hours minimum during a working day(including weekends and holidays).Straight time,overtime,and double
time will be billed according to all pertinent laws and union agreements. Minimum hours are applicable to a crew's overall schedule
during a working day, and may be billed proportionally if the crew works on another project during the same day. For planned work,
billable daily crew hours will start once work begins onsite and will stop once work ends onsite(or once the minimum daily hours are
reached,whichever is later). For emergency callouts,the billable hours include travel time to and from the work site.
Pickups and gang trucks are charged to jobs the same hours as the crew. All other company-owned equipment will be charged a
minimum charge of four hours per day. Rental equipment will be billed at cost plus.
We appreciate your placing this schedules on file.Should any further changes be made,we will notify you as they occur.All insurance
and tax percentages and the labor and equipment rates are subject to change yearly on July 1st
We hope that you will call on us whenever we can be of service, and assure you that we shall welcome any opportunity to be of
assistance in carrying out our plans.
Thank you,
W. M. Lyles Co.
Kevin R.Shigematsu
Sr.Vice President
Corporate Office:525 W. Alluvial, Fresno,CA 93711 Telephone: (559) 441-1900
Bakersfield (661)387-1600 Fresno(559)268-1540 Temecula (951)973-7393 Sacramento(916)375-1833
W. M. LYLES CO.
P.O. Box 28130, Fresno,CA 93729
To Our Customers: Date: 07/01/21
Please place this letter in your file as a revision to our Schedule of Labor Rates for:
Fresno, Kings, Madera,Tulare Counties
FIELD CRAFT BASE+VACATION FRINGES
DESCRIPTION RATE PER HOUR PER HOUR
Operating Engineers:
OE Foreman * 26.59
Group 1-Excavator(7 Cyds and Over) 59.26 26.59
Group 2A-Crane(>45 TNS) 58.38 26.59
Group 2-Excavator(3.5 Cyds up to 7 CYDS) 57.73 26.59
Group 3A-Crane(<45 TNS) 56.64 26.59
Group 3-Loader(>4 CYDS)/Backhoe(>3/4 CYDS)/Dozer 56.25 26.59
Group 4-Loader(<4 CYDS)/Backhoe(<3/4 CYDS)/Dozer 54.87 26.59
Group 5-Sideboom (<D6)/Trencher(>5' Depth) 53.60 26.59
Group 6-Skidsteer 52.28 26.59
Group 7-Trencher(<5' Depth) 51.14 26.59
Group 8-Comp.Opr./Forklift 50.00 26.59
Laborers:
Senior Laborer Foreman 48.56 23.44
Labor Foreman ** 23.44
Construction Specialist Laborer 36.80 23.44
Group 1-Pavement Breaker Operator(P.B.O.) 36.10 23.44
Group 1-Pipe Wrappers, Incl. handlers of wrapping materials 36.10 23.44
Group 1-Sewer Pipe Layers,Caulkers and Banders 36.10 23.44
Group 2-Pneumatic Tool Operator(P.T.O.or A.T.O.) 35.95 23.44
Group 3-Laborer 35.85 23.44
Carpenters:
General Foreman 68.02 26.62
Foreman 57.54 26.62
Journeyman 52.78 26.62
Masons:
Foreman 51.97 21.26
Journeyman 47.05 21.26
Millwrights:
Foreman 59.87 28.13
Journeyman 55.37 28.13
Clarifications:
*Operator Engineer Foreman's rate based on$3.00 above highest class supervised.
** Laborer Foreman's rate based on$2.50 above highest class supervised.
Wages and Fringes subject to increase without notice.
Unclassified Labor or Classified Labor under special conditions-Prevailing Rate.
The scale for apprentices will vary according to the skill and ability of the individual.
Subsistence to be paid per Union Agreements.
Skilled men shall be paid their rate when not working at the trade.
(Continued Below)
(Continued From Above)
MISCELLANEOUS RATE
DESCRIPTION PER HOUR
Warehouseman 34.00
EQUIPMENT RATE
DESCRIPTION PER HOUR
Equipment
Foreman Truck 28.65
Operator Truck 28.65
Gang Truck 37.19
Mechanic Truck 39.41
Skiploader 47.85
Backhoe 68.12
Cat 325D Excavator 106.56
Cat 336F Excavator 187.52
Cat 349E Excavator 196.50
Cat 950K Loader 136.17
Cat 962M Loader 128.74
Cat 561 Sideboom 28.40
Cat 572 Sideboom 53.90
Cat D4D Ramey Tractor 36.98
14 Ton Boom Truck 54.10
Cat 14H Motor Grader 130.46
Reachlift 62.20
Air Compressor w/Tools 20.80
5 Cyd Dump Truck 51.07
2500 Gal Water Truck 45.04
4000 Gal Water Truck 66.35
Fuel/Lube Truck 39.41
Jettco 7337 Trencher 102.90
Cleveland 400W Trencher 150.00
Clarifications:
Equipment Rates are unoperated, maintained and fueled.
Materials,equipment rentals,trucking,etc.to be billed at cost plus
EXHIBIT B
SELF-DEALING TRANSACTION DISCLOSURE FORM
In order to conduct business with the County of Fresno (hereinafter referred to as "County"), members
of a contractor's board of directors (hereinafter referred to as "County Contractor"), must disclose any
self-dealing transactions that they are a party to while providing goods, performing services, or both
for the County. A self-dealing transaction is defined below:
"A self-dealing transaction means a transaction to which the corporation is a party and in which one
or more of its directors has a material financial interest"
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member's name,job title (if applicable), and date this disclosure is being made.
(2) Enter the board member's company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction; and
b. The nature of the material financial interest in the Corporation's transaction that the
board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
(5) Form must be signed by the board member that is involved in the self-dealing transaction
described in Sections (3) and (4).
EXHIBIT B
(1)Company Board Member Information:
Name: Date:
Job Title:
(2)Company/Agency Name and Address:
(3)Disclosure(Please describe the nature of the self-dealing transaction you are a party to):
(4) Explain why this self-dealing transaction is consistent with the requirements of Corporations Code 5233(a):
(5)Authorized Signature
Signature: Date:
EXHIBIT C
FRESNO COUNTY SPECIAL DISTRICTS
SPECIAL DISTRICTS
# DICTRICT ORG FUND SUBCLASS ACCOUNT
1 CSA 1 9141 0740 16000 7205
2 CSA 5 9145 0750 16000 7205
3 CSA 10 9150 0770 16000 7205
4 CSA 10A 9250 0770 16800 7205
5 CSA 14 9154 0780 16000 7205
6 CSA 23 9163 0790 16000 7205
7 CSA 30 9170 0800 16000 7205
8 CSA 31 B 9171 0200 12000 7205
9 CSA 32 9174 0820 16000 7205
10 CSA 34 9322 0830 16000 7205
11 CSA 34SWTP 9322 0830 16203 7205
12 CSA 34WWTF 9320 0830 16202 7205
13 CSA 34A 9181 0830 16200 7205
14 CSA 34B 9255 0830 16211 7205
15 CSA 34C 9254 0830 16210 7205
16 CSA 34D 9323 0830 16204 7205
17 CSA 34F 9324 0830 16206 7205
18 CSA 34G 9325 0830 16205 7205
20 CSA 43W 9301 0230 12150 7205
21 CSA 44A 9244 0870 16400 7205
22 CSA 44C 9246 0870 16420 7205
23 CSA 44D 9247 0870 16430 7205
24 CSA 47 9310 4030 40680 7205
25 CSA 49 9249 0235 12800 7205
26 WWD 37 9357 0880 16000 7205
27 WWD 38 9358 0890 16000 7205
28 WWD 40 9360 0900 16000 7205
29 WWD 41S 9351 0920 16000 7205
30 WWD 41 W 9361 0910 16000 7205
31 WWD 42 9362 0930 16000 7205
32 JJC 9140 0801 16900 7205
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