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HomeMy WebLinkAbout14 - Approval and Award of Agreements with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. for Underground Utility Repair ServicesPaR m CITY OF �\`S NEWPORT BEACH cy<`o-P City Council Staff Report June 12, 2018 Agenda Item No. 14 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Steffen Catron, Acting Municipal Operations Director - 949-644- 3011, scatron@newportbeachca.gov PREPARED BY: Shelby Morgan, Management Assistant smorganC@_newportbeachca.gov PHONE: 949-644-3013 TITLE: Approval and Award of Agreements with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. for Underground Utility Repair Services ABSTRACT: The City utilizes on-call contractors to perform underground utility repair services for the City's water, wastewater, and storm drain systems. The current agreements with GCI Construction, Inc. (GCI), T.E. Roberts, Inc. (TE Roberts) and Doty Bros. Equipment Co., expired on April 30, 2018. During the Request for Proposal (RFP) process, proposals were requested, received and reviewed for underground utility repair services. After review of the proposals, staff recommends the awarding of three (3) agreements with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts to provide these services. RECOMMENDATION: a) Determine this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; and b) Approve the on-call agreement(s) with GCI Construction, Inc., W.A. Rasic, and T.E. Roberts, Inc. for underground utility repair services for a three-year term with a total amount not -to -exceed $1,500,000; or $500,000 per each of the three (3) agreements, and authorize the Mayor and City Clerk to execute the agreement(s). 14-1 Approval and Award of Agreements with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. for Underground Utility Repair Services June 12, 2018 Page 2 FUNDING REQUIREMENTS: Sufficient funds for these contracts are programmed annually into numerous maintenance and repair accounts from the water, wastewater, and general funds, as well as the water and wastewater Capital Improvement accounts. DISCUSSION: The City utilizes a comprehensive maintenance program for the water, wastewater and storm drain infrastructure. During daily operations of the infrastructure, staff may occasionally require the assistance from competent and qualified firms to provide services related to underground utility installation and emergency repair. City staff currently maintains over 300 miles of water transmission and distribution mains, 423 miles of sewer collection mains and laterals, and 96 miles of storm drain pipeline. Additionally, staff maintains various pump stations, water pressure regulation stations, reservoirs, treatment facilities, well sites, as well as thousands of fire hydrants, valves, manholes and other various equipment/facilities throughout the City. On occasion, the underground utility infrastructure fails and Utilities and Public Works Departments utilize these contractors to expedite the restoration of the utility service. These contractors provide manpower, equipment, and services such as certified pipe welders, heavy equipment, and specialized equipment the City does not have. In the last three years, the City has utilized these contractors to repair the 30" water well line underneath the Santa Ana River, repair 60' of sewer line that was causing blockages in the wastewater system, and rebuild numerous storm drain boxes including tidal valves. Anticipating the end of the current agreement on April 30, 2018, staff completed the Request for Proposal (RFP) process to find the most qualified and financially reasonable contractors to enter into three (3) new agreements for on-call Underground Utility Repair Services. The RFP process used for the selection is detailed below: On February 15, 2018, the City posted an RFP for On-call Underground Utility Repair Services; • The City received six (6) proposals, including three (3) from previous contractors; A proposal review team consisting of five (5) Utilities Department staff members, and one (1) Public Works Department staff member, graded the proposals based on technical qualifications and experience, and recent experience conducting work for contracts of similar scope, complexity, and magnitude particularly for government agencies. This process accounted for 60% of the evaluation criteria; The proposed price accounted for the remaining 40% of the evaluation criteria. The cost ratio score compared the hourly labor rates of all six (6) proposals. 14-2 Approval and Award of Agreements with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. for Underground Utility Repair Services June 12, 2018 Page 3 Upon combining the scores of the technical and cost reviews, the proposals were ranked as follows: Evaluation Scoring / CHI Doty Bros. GCI Paulus TE W.A. Rasic Proposers Construction Equipment Construction Engineering Roberts, Construction Co Inc. Co. Technical Score (out of 60) 33.60 45.00 52.20 49.80 56.40 49.20 Cost Ratio Score (out of 40) 30.99 37.73 35.81 31.48 28.52 36.31 Aggregate Score (out of 100) 64.59 82.73 88.01 81.28 84.92 85.51 Upon completion of the evaluation scoring, the three (3) highest ranked firms were GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. Due to the immediate need for utility repair in cases of emergency, contractor availability is a big priority, and thus staff recommends utilizing multiple contractors. The City's previous on- call contracts were held in part with both GCI Construction, Inc. and T.E. Roberts, Inc., and both companies received excellent reviews from City staff. The Utilities and Public Works Departments therefore recommends the award of three (3) agreement(s) for underground utility repair services with GCI Construction, Inc., W.A. Rasic Construction Co., and T.E. Roberts, Inc. for a term of three years and a total amount not -to -exceed $1,500,000; or $500,000 per each of the three (3) agreements. $400,000 per contractor will be allotted for the Utilities Department, and $100,000 per contractor will be allotted for the Public Works Department. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Attachment A — Maintenance/Repair Services Agreement with GCI Construction, Inc. Attachment B — Maintenance/Repair Services Agreement with W.A. Rasic Attachment C — Maintenance/Repair Services Agreement with T.E. Roberts, Inc. 14-3 ATTACHMENT A ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 12th day of June, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and GCI CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031 Calle Recodo, Suite D, San Clemente, California 92673, 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 on-call 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 11, 2021, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). 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: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 14-4 and 2.1.3 The estimated number of hours and cost to complete the Services, 2.1.4 The time needed to finish the specific project. 2.2 No 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 and the Letter Proposal. 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 and the Letter Proposal, 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. 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 Letter Proposal 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 Five Hundred Thousand Dollars and 00/100 ($500,000.00), 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 GCI Construction, Inc. Page 2 14-5 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 and the Letter Proposal, 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 and the Letter Proposal. 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 Terry D. Gillespie to be its 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 Municipal Operations Department - Utilities. City's Utilities Manager 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 GCI Construction, Inc. Page 3 14-6 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 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 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 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, 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, and employees (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, GCI Construction, Inc. Page 4 14-7 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. 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. GCI Construction, Inc. Page 5 14-8 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 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 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°/x) 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 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 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 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 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. GCI Construction, Inc. Page 6 14-9 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. 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 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. 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. 16.2 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. 17. 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 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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, GCI Construction, Inc. Page 7 14-10 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. GCI Construction, Inc. Page 8 14-11 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. 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. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities Manager Municipal Operations Department - Utilities City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Terry D. Gillespie GCI Construction, Inc. 1031 Calle Recodo, Suite D San Clemente, CA 92673 K-1�y A 1I1TX1 26.1 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 GCI Construction, Inc. Page 9 14-12 against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 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.). 27. TERMINATION 27.1 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 parry written notice thereof. 27.2 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. 28. LABOR 28.1 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.). 28.2 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. 28.3 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. GCI Construction, Inc. Page 10 14-13 28.4 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. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 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. GCI Construction, Inc. Page 11 14-14 29.10 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. 29.11 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. 29.12 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] GCI Construction, Inc. Page 12 14-15 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: MAq q 12.ar % CITY OF NEWPORT BEACH, a California municipal corporation Date: BBy: Aaron Crp PAW S•a''f Marshall "Duffy" Duffield City Aftcly Mayor ATTEST: CONTRACTOR: GCI CONSTRUCTION, Date: INC., a California corporation Date: By: By: Leilani I. Brown Terry D. Gillespie City Clerk Chief Executive Officer Date: By: Janet L'Gillespie Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond GCI Construction, Inc. Page 13 14-16 EXHIBIT A SCOPE OF SERVICES Contractor shall furnish, pursuant to a Letter Proposal accepted by the City, all labor, equipment, materials, and supervision to provide as -needed underground utility repairs, including but not limited to: • Excavations, pavement cuts, minor grading. • Installation and repair of water system components such as: a. Waterlines sizing from 4" to 48" in diameter. b. Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement, Polyvinyl Chloride, and Steel piping. C. Valves of various types and sizes. d. Services ranging from %" to 2" in diameter. e. Meters and boxes of various sizes. f. Backflow devices of various sizes. g. Pressure reducing, sustaining, relieving valves of various sizes. h. Vaults of various sizes. i. Fire connections of various sizes. • Installation and repair of wastewater system components such as: a. Force mains sizing from 4" to 12" in diameter b. Laterals of various sizes C. Clean -outs d. Grease interceptors e. Collection system mainlines f. Vaults/wet wells g. Valves of various sizes h. Manholes GCI Construction, Inc. Page A-1 14-17 • Installation and repair of storm water system components such as: a. Storm drain piping b. Catch basins C. Tide valves d. Manholes • Disposal of excess materials and spoils • Hauling of material for backfilling and grading • Backfill and compaction • Minor repair roadways • Welding repair or work CONTRACTOR REQUIREMENTS Contractor shall be required to: • Ensure that all work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and their staff. Where applicable, contractor must comply with all safety standards required by all regulatory agencies including but not limited to; California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHD). This also includes local regulatory compliance set forth by the City of Newport Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times. • Maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. • Upon acceptance work, restore the project area affected by the operations to a condition at least equal to that existing prior to the work, including the removal of all debris. • Provide callback within six hours after initial request from the City for underground utility services. GCI Construction, Inc. Page A-2 14-18 EXHIBIT B SCHEDULE OF BILLING RATES GCI Construction, Inc. Page B-1 14-19 Billing Rates EQUIPMENT DESCRIPTION PRICE UNIT NOTE FOREMAN PICK UP TRUCK 26.50 HOUR CREW TRUCK 40.50 HOUR 10 WHEELER DUMP TRUCK 87.00 HOUR SUPER 10 97.00 HOUR BOTTOM/SEMI END DUMP 102.00 HOUR LOW BED RATE 128.00 HOUR SKIPLOADER 163.00 HOUR BOBCAT 142.00 HOUR 446D BACKHOE/LOADER 168.00 HOUR NEW HOLLAND BACKHOE/LOADER 152.50 HOUR 936 WHEEL LOADER 162.50 HOUR CAT 950 G LOADER 170.00 HOUR KOMATSU WA 250 GL 165.00 HOUR CAT 308 EXCAVATOR 167.50 HOUR CAT 313 EXCAVATOR 187.00 HOUR CAT 314 EXCAVATOR 190.00 HOUR CAT 325 EXCAVATOR 210.00 HOUR CAT 321 CLCR EXCAVATOR 205.00 HOUR KOBELCO SK300 LC1V EXCAVATOR 230.00 HOUR RING O MATIC POT HOLING MACHINE 427.00 DAY 85.00 HOUR ASHPHALT ZIPPER 272.00 HOUR Plus Teeth ARROWBOARD 110.00 DAY WATER TRUCK 210.00 DAY Bare COMPACTION WHEEL 29.00 HOUR COMPRESSOR W/JACKHAMMER 250.00 DAY 2000 MULTIQUIP TOWABLE GENERATOR 225.00 DAY HYDRAULIC BREAKER 54.00 HOUR 2000 LBS LIGHT TOWER 120.00 DAY WACKER 120.00 DAY Zieman Trailer 25.00 HOUR 4" trash pump & hoses 104.00 DAY 6x16 Trench Box 90.00 DAY 250.00 WEEK 750.00 MONTH 14-20 4 x 16 Trench Box 61.00 DAY LABORER GRADING 170.00 WEEK 505.00 MONTH 8 x 24 Trench Box 186.00 DAY 85.64 106.69 550.00 WEEK 1,630.00 MONTH LABOR RATES: REGULAR OVERTIME DBL TIME LABORER GRADING 64.88 86.05 107.23 LABORER SEWER 65.86 87.44 109.03 LABORER WATER 64.59 85.64 106.69 PIPELAYER GRADING 68.26 91.12 113.99 PIPELAYER SEWER 69.30 92.61 115.92 PIPELAYER WATER 67.95 90.68 113.41 OPERATOR GRADING 89.09 119.56 150.03 OPERATOR SEWER 90.35 121.40 152.45 OPERATOR WATER 88.72 119.02 149.31 FOREMAN GRADING 91.69 123.46 155.23 FOREMAN SEWER 93.00 125.37 157.75 FOREMAN WATER 91.31 122.89 154.48 TEAMSTER GRADING 70.89 90.08 109.28 TEAMSTER SEWER 71.99 91.56 111.13 TEAMSTER WATER 70.56 89.64 108.72 Note: MARK UP ON LABOR 20% MARK UP ON EQUIPMENT/MATERIAL 15% 14-21 EXHIBIT C 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 and employees. 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 one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) 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 arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented GCI Construction, Inc. Page C-1 14-22 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Agreement, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. If required, 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 and employees 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 GCI Construction, Inc. Page C-2 14-23 automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees 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. 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 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 GCI Construction, Inc. Page C-3 14-24 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. GCI Construction, Inc. Page C-4 14-25 EXHIBIT D 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 ( ) 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 GCI Construction, Inc. Page D-1 14-26 required by and in accordance with the provisions of Sections 9500 of 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 C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GCI Construction, Inc. Page D-2 14-27 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 I 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) GCI Construction, Inc. Page D-3 14-28 EXHIBIT E 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 ( ) 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 001100 ($25,000.00), 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 GCI Construction, Inc. Page E-1 14-29 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: Al Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED GCI Construction, Inc. Page E-2 14-30 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) GCI Construction, Inc. Page E-3 14-31 ATTACHMENT B ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH W. A. RASIC CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this 12th day of June, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and W. A. RASIC CONSTRUCTION COMPANY, INC., a California corporation ("Contractor"), whose address is 4150 Long Beach Blvd., Long Beach, California 90807, 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 on-call 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 11, 2021, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). 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: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 14-32 2.1.3 The estimated number of hours and cost to complete the Services,- and ervices; and 2.1.4 The time needed to finish the specific project. 2.2 No 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 and the Letter Proposal. 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 and the Letter Proposal, 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. 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 Letter Proposal 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 Five Hundred Thousand Dollars and 00/100 ($500,000.00), 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 W. A. Rasic Construction Company, Inc. Page 2 14-33 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 and the Letter Proposal, 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 and the Letter Proposal. 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 Shane Sato to be its 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 Municipal Operations Department - Utilities. City's Utilities Manager 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 W. A. Rasic Construction Company, Inc. Page 3 14-34 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 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 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 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, 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, and employees (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, W. A. Rasic Construction Company, Inc. Page 4 14-35 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. 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. W. A. Rasic Construction Company, Inc. Page 5 14-36 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 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 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 D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100°/x) 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 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 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. W. A. Rasic Construction Company, Inc. Page 6 14-37 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. 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 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. 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. 16.2 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. 17. 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 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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, W. A. Rasic Construction Company, Inc. Page 7 14-38 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. W. A. Rasic Construction Company, Inc. Page 8 14-39 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. 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. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at- Attn: Utilities Manager Municipal Operations Department - Utilities City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Shane Sato W. A. Rasic Construction Company, Inc. 4150 Long Beach Blvd. Long Beach, CA 90807 26. CLAIMS 26.1 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 W. A. Rasic Construction Company, Inc. Page 9 14-40 against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 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.). 27. TERMINATION 27.1 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. 27.2 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. 28. LABOR 28.1 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.). 28.2 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. 28.3 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. W. A. Rasic Construction Company, Inc. Page 10 14-41 28.4 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. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 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. W. A. Rasic Construction Company, Inc. Page 11 14-42 29.10 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. 29.11 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. 29.12 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] W. A. Rasic Construction Company, Inc. Page 12 14-43 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 M; 16 By: Aaron rp ""'"' s •z=•�s City Att6R4ey ATTEST: Date: in Leilani I. Brown City Clerk Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: GCI CONSTRUCTION, INC., a California corporation Date: By: Peter L. Rasic Chief Executive Officer Date: By: Walter A. Secretary [END OF SIGNATURES] Rasic, Jr. Scope of Services Schedule of Billing Rates Insurance Requirements Labor and Materials Payment Bond Faithful Performance Bond W. A. Rasic Construction Company, Inc. Page 13 14-44 EXHIBIT A SCOPE OF SERVICES Contractor shall furnish, pursuant to a Letter Proposal accepted by the City, all labor, equipment, materials, and supervision to provide as -needed underground utility repairs, including but not limited to: • Excavations, pavement cuts, minor grading. • Installation and repair of water system components such as: a. Waterlines sizing from 4" to 48" in diameter. b. Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement, Polyvinyl Chloride, and Steel piping. C. Valves of various types and sizes. d. Services ranging from 3/" to 2" in diameter. e. Meters and boxes of various sizes. f. Backflow devices of various sizes. g. Pressure reducing, sustaining, relieving valves of various sizes. h. Vaults of various sizes. i. Fire connections of various sizes. • Installation and repair of wastewater system components such as: a. Force mains sizing from 4" to 12" in diameter b. Laterals of various sizes C. Clean -outs d. Grease interceptors e. Collection system mainlines f. Vaults/wet wells g. Valves of various sizes h. Manholes W. A. Rasic Construction Company, Inc.. Page A-1 14-45 Installation and repair of storm water system components such as: a. Storm drain piping b. Catch basins C. Tide valves d. Manholes • Disposal of excess materials and spoils • Hauling of material for backfilling and grading • Backfill and compaction • Minor repair roadways • Welding repair or work CONTRACTOR REQUIREMENTS Contractor shall be required to: • Ensure that all work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and their staff. Where applicable, contractor must comply with all safety standards required by all regulatory agencies including but not limited to; California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHD). This also includes local regulatory compliance set forth by the City of Newport Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times. • Maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. • Upon acceptance work, restore the project area affected by the operations to a condition at least equal to that existing prior to the work, including the removal of all debris. • Provide callback within six hours after initial request from the City for underground utility services. W. A. Rasic Construction Company, Inc.. Page A-2 14-46 EXHIBIT B SCHEDULE OF BILLING RATES W. A. Rasic Construction Company, Inc. Page B-1 14-47 City of Newport Beach O� y� Underground Utility Installation and Repair Services RFP -18-40 r r.. r �cr fiaaN. Cost File LABOR (Hourly Straight Time and Overtime): EQUIPMENT (Hourly is Preferred, but Daily is Accepted): Superintendent- $139.01/$182.24 Bobcat- $45.00 (CAT236,248,262) Project manager -$126.47/$172. 31 Large Excavator- $250.00 (CAT 336EL) Forman/laborer-$86.88/$115.58 Medium Excavator- $115.00 (CAT 320) Forman/Operator- $112.84/150.93 SmallExcavator- $52.00 LiuGong 906C Operator- $109.63/$146.19 Backhoe- $67.00 (CAT 590 Super M) Laborer- $79. 82/$105 . 16 A€r Compressor W/Jackhammer- $25 . 00 Pipe Layer- $84.07/$111.44 Dump Truck/ Super 10- $92.00 Welder- $108.89/148.12 Pick-up Truck- $25.00 Teamster/ Grading- $83.39/$106.37 Crew Truck- $39.00 (Service Truck w/ Tools) Teamster/Sewer- $83.39/$106.37 FlatbedTruck- $65.00 (Flatbed Dump / Bobtail) Teamster/Water- $83.39/$106.37 Bed Trailer- $15.00 (Tilt Trailer up to 40K Lbs) MATERIALS MARKUP PERCENTAGE Truck and Pup- Uut s cLe Rent (15% Maximum) 15% Water Truck- $45.00 (2500 Gal) Sweeper- $38.00 (Non -vacuum) MINIMUM HOURS PER CALLOUT Wheel Loader $170.00 (CAT 9SOH) - (A Hours Maximum) rs Skip Loader- $55.00 JD 210 LE Skid Steer- see above rcr Honcat AsphaitZipper- $65.00 (26"Wide) $85.00 (48" W) Arrow Board- $15.00 W.A. Rasic Construction's rate sheets for the current year are attached. Materials markup is 15%. The minimum callout time is 4 hours. 14-48 W.A. KASIC CONS'FRUCTION ' COST PLUS RATES EFFECTIVE JULY 1, 2017 through JUNE 30, 2018 Southern California Cost Plus Rates 11 CRAFT STRAIGHT OVER DOt1BL CRAFTSMAN/CLASS CODE TIME TIME E TIME CARPENTERS General Foreman CAGF 98.86 134.18 169.49 Foreman CAFM 9565 129.44 163,22 Journeyman CAJM 90,83 122.33 153.82 Apprentice - 8th Period (90%) CAAB 84,21 112.55 140.90 CEMENT MASONS PEG4 91.24 12322 155.21 Foreman CMFM 92.05 120.68 149.32 Journeyman Commercial CMJC 87.23 113,58 439,92 Journeyman Light Commercial CMJL 78,07 102.15 126,23 F&T Machine Operator CMFT 87,64 114 17 140.70 Apprentice - 81h 6 Mos (90%) CMA8 81.69 104.20 127,91 LABORERS TDFM 85.80 109.92 134.04 General Foreman LAGF 68.49 117.95 147.42 Foreman IAFM 86.88 115.58 144.28 Group 1 -General LAG1 79.82 105.16 13050 Group 2 - Chute Man LA02 60,70 106.46 132.22 Group 3 - Pipeline Backup Man LAG3 81.58 107.76 133.95 Group 4 - Pipe Layer, C&S LAG4 8407 111.44 138,60 Group 5 - Blaster/ Driller LAG5 84.64 112.27 139.90 Apprentice - 61h Period (85%) L4,A65 63.91 87.40 110.88 OPERATING ENGINEERS 66.54 87.41 10600 WELDERS/FITTERSIHLP - Local 260lndusidal General Foreman, Appdx. A OEGF 116.05 155,67 195,29 Foreman, Appdx A OEFM 112.84 150.93 189,02 Group 1, Appdx. A- Oiler OEG1 104,99 139.34 173.70 Group 2, Appdx A- Oiler OEG2 106,24 141.19 176 15 Group 8, Appdx_ A- Universal CEGB 109,63 146.19 182,76 Group 10, Appdx A - Mechanic OEGM 109,82 146,48 183.13 Group 5. Appdx. B - Crane (up to 25 tons) OEBS 110.09 146.88 183.67 Group 9, Appdx. B - Crane ( 25 to 50 tong OE89 110.37 147.28 184.20 Apprentice, GR 8, Appdx A - 6th (90%) OEA6 101.94 134,84 167.75 Southern California Cost Plus Rates 11 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. Billing for apprentices will be based on actual classificat{on(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Sante Barbara, San Luis Obispo, Kern and In addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, Including the Channel Islands Monument, Rate Scale does not include Sen Diego Counly. Markup: Material, subcontractors, subsistence, outside rentals (Including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark-up of 15%. Overtime Rates: Shilt(s) shall be paid per union agreement(s). Subsistence: Lodging & meals for management, superintendents & general foremen will be billed at actual costs, plus mark-up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility. USA Notification: Client Is responsible for Underground Service, Alert (USA) notification for all emergency work. NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request Some work areas may be subject to special wage agreements, if applicable, fees will be billed accordingly, (Rev) 0712007 4150 Long Beach Boulevard, Long Beach, CA 90807 - 562-928-6111 - fax: 562-928-7339 - www,warasic.com state contractor's license #A368761 14-49 CRAFT STRAIGHT O VER DOUBL CRAFTSMAN/CLASS CODE TIME TIME E TIME PROJECT MANAGEMENT Project Administrator PADM 61.64 80.10 98.56 Project Engineer 1 PEG1 65.96 86.82 107,59 Project Engineer 2 PEG2 8045 105,19 132.92 Project Engineer 3 PEG3 85.46 115.33 145.20 Project Engineer 4 PEG4 91.24 12322 155.21 Superintendent PMSP 139.01 182.24 22$.48 Assistant Project Manager PMAS 120.56 165.87 211.19 Project Manager PMPM 126.47 172,31 218.15 Senior Project Manager PMSR 173.65 239.24 304.82 TEAMSTERS Foreman TDFM 85.80 109.92 134.04 GR 2 - 2 Axle Vehicle TDG2 82.83 105.54 126.24 GR 3 - 3 Axle Vehicle/2 Axle Water Truck TDG3 8304 105.65 128.65 GR 5 - Working Truck Driver TDG5 83.39 105.37 129.34 GR 6 - 4 or Mare Axle (Low Bed) TDG6 83.44 106.44 129,43 Apprentice - 6th Period (95%) TDA6 67,80 89.83 111 85 WELDERSIFITTERS/HLP - Local 260 Shorillne Foreman WLFM 115.49 157.86 197,47 Journeyman WLJM 10589 148 12 184.83 Metal Trades WLMT 66.54 87.41 10600 WELDERS/FITTERSIHLP - Local 260lndusidal Foreman IW2F 11816 161.29 201.70 Joumeyman IW2J 106.58 144.20 179.35 Apprentice Fifth Year IWA5 84,37 114.73 142,85 Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. Billing for apprentices will be based on actual classificat{on(s) noticed. Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Sante Barbara, San Luis Obispo, Kern and In addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, Including the Channel Islands Monument, Rate Scale does not include Sen Diego Counly. Markup: Material, subcontractors, subsistence, outside rentals (Including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark-up of 15%. Overtime Rates: Shilt(s) shall be paid per union agreement(s). Subsistence: Lodging & meals for management, superintendents & general foremen will be billed at actual costs, plus mark-up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility. USA Notification: Client Is responsible for Underground Service, Alert (USA) notification for all emergency work. NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request Some work areas may be subject to special wage agreements, if applicable, fees will be billed accordingly, (Rev) 0712007 4150 Long Beach Boulevard, Long Beach, CA 90807 - 562-928-6111 - fax: 562-928-7339 - www,warasic.com state contractor's license #A368761 14-49 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Air Compressors Hourly Rate Air Compressor - 13 HP (Truck Mounted) $ 8.00 Air Compressor - 185 CFM w/ tools & hoses $ 25.00 Asphalt Paving Equipment Hourly Rate Asphalt Spreader Box (variable width) $ 6.00 Asphalt Paver - Weiler P385 (6' to 15'8" width) $ 170.00 Propane Torch - Portable $ 5.00 Roller - 24" Width Walk Behind Type $ 24.00 Roller - 30" Width Walk Behind Type $ 26.00 Roller - 36" Width Walk Behind Type $ 28.00 Roller - Asphalt Vibratory Dual Drum Smooth Type - 3 to 5 Ton $ 41.00 Roller - Asphalt Vibratory Dual Drum Smooth Type - 8 Ton $ 50.00 Tack Sprayer / Emulsion Pot (220 Gallon Capacity) $ 18.00 Backhoes Hourly Rate Backhoe - Case 580 Super M $ 59.00 Backhoe - Case 580 Super M 4X4 $ 61.00 Backhoe - Case 590 Super M 4X4 $ 67.00 Backhoe - Case 590 Super SN 4X4 $ 70.00 Backhoe - CAT 420 D 4x4 $ 63.00 Backhoe - CAT 430 E $ 58.00 Backhoe - CAT 430 E 4x4 $ 60.00 Backhoe - CAT 45OF 4x4 $ 62.00 Backhoe - John Deere 310 SE $ 61.00 Backhoe Attachments Hourly Rate Auger Drill for Backhoe - 12" Diameter (Max Depth 8') Daily Rate $ 180.00 Auger Drill for Backhoe - 24" Diameter (Max Depth 8') Daily Rate $ 250.00 Hydraulic Breaker 1000 LB for Backhoes $ 50.00 Compaction Wheel for Backhoe - 12" or 18" Wide $ 10.00 Boring Equipment Hourly Rate Accu -Punch Bore Mole 2" diameter $ 20.00 Accu -Punch Bore Mole 3" diameter $ 25.00 Accu -Punch Bore Mole 4" diameter $ 32.00 Accu -Punch Bore Mole 5-3/4" diameter $ 50.00 Recon Bore Motor - Ingersol RandModel 44 (Air Driven) $ 10.00 Compaction Equipment Hourly Rate Tamp / Powder Puff - Air Driven Daily Rate $ 25.00 Vibratory Soil Plate Compactor 34" Wide (CAT 320/330/325 & JD 200/225 Excavator) $ 26.00 Vibratory Plate 24" (Walk Behind) Daily Rate $ 100.00 Revised 1/3012018 Page 1 of 8 14-50 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Compaction Equipment (continued) Hourly Rate Wacker (Jumping Jack) Daily Rate $ 100.00 Concrete Equipment Daily Rate Concrete Mixer - 1/3 CUYD Capacity (Tow Behind) $ 90.00 Concrete Saw - Walk Behind Hourly Rate $ 60.00 Concrete Vibrator (Electric) $ 100.00 Concrete Washout Bin (5.25 CUYD) $ 75.00 ned Soace & Safety Eauiament Air Supply System - Allegro Air Cart w/60 Min. Bottles Stretcher Basket w/ Buckles Gas / Oxygen Monitor Harness - Full Body Type Lanyard Retractable Type - 30' Length (Yo -Yo) Manhole Blower - 4130 CFM (Gas Powered) S.C.B.A. 5 mins (Scott SKA-PAK 2.2-3.0) Tripod w/ Winch For Confined Space Entry Velometer (Air Flow Measuring Device) Vent Blower Trailer Mounted (12,000 CFM) Vent Blower Trailer Mounted (25,000 CFM) Hourly Rate Hourly Rate Daily Rate $ 250.00 $ 160.00 $ 75.00 $ 100.00 $ 15.00 $ 35.00 $ 40.00 $ 75.00 $ 80.00 $ 100.00 $ 35.00 $ 50.00 Drill Rigs Hourly Rate Mobilram - ABI TM 18/22B (83' Height - 148,000 LBS) $ 580.00 Lo- Drill - John Deere 450CLC (102,000 LBS) $ 365.00 Excavators Hourly Rate Excavator - CAT 303E (7,782 LBS) $ 24.00 Excavator - CAT 320 CLU (51,750 LBS) $ 115.00 Excavator - CAT M322D - Wheeled (51,809 LBS) $ 125.00 Excavator - CAT 325 CL (64,460 LBS) $ 145.00 Excavator - CAT 330 DL (79,700 LBS) $ 235.00 Excavator - CAT 335F (84,604 LBS) - No Swing $ 255.00 Excavator - CAT 336 EL (86,796 LBS) $ 250.00 Excavator - CAT 345 CL (100, 810 LBS) $ 245.00 Excavator - CAT 385 CL (187,360 LBS) $ 400.00 Excavator- John Deere 120 C (28,840 LBS) $ 85.00 Excavator - John Deere 225 CLC (53,936 LBS) $ 120.00 Excavator - Komatsu PC 1000 LC (222,130 LBS) $ 515.00 Excavator - Komatsu PC 1250 LC -8 (249,560 LBS) $ 600.00 Excavator - LiuGong 906C (13,228 LBS) $ 52.00 Excavator - LiuGong 922D (50,500 LBS) $ 115.00 Revised 1/30/2018 Page 2 of 8 14-51 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Excavator Attachments Hourly Rate Bedding Conveyor 30" Wide w/8 CUYD Capacity Hopper - Felco (for CAT 385 Excavator) $ 22.00 Concrete Pulverizer Jaw Type 6,300 LB (for CAT 345 Excavator) $ 100.00 Compaction Wheel 24" Wide (for Hitachi EX 100 Excavator) $ 12.00 Compaction Wheel 36" Wide (for JD 200, CAT 320, CAT 325, CAT 330 Excavator) $ 15.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) $ 17.00 Hydraulic Breaker 1000 LB (for JD 120 Excavator) $ 50.00 Hydraulic Breaker 4000 LB (for CAT 325, CAT 330, CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 336, CAT 345 Excavator) $ 200.00 Hydraulic Breaker 10000 LB (for CAT 345 Excavator) $ 300.00 Hydraulic Breaker 15000 LB (for Komatsu PC1000 Excavator) $ 410.00 Vibratory Hammer ABI HVR100Z - 4,585 LB (for CAT 336, CAT 345 Excavator) $ 75.00 Fusion Hourly Rate Fusion Machine For HDPE - 4" Diameter max (Butt Fusion) $ 25.00 Fusion Machine for HDPE - 2" Diameter Max (Socket Fusion) $ 10.00 Generators Hourly Rate Generator 5 KW $ 10.00 Generator 25 KW $ 20.00 Generator 45 KW $ 35.00 Generator 118 KW $ 75.00 Generator 230 KW $ 115.00 Lifts Hourly Rate Forklift - Hyster w/ 5,000 LB Lift Capacity $ 50.00 Forklift - Clark w/ 8,000 LB Lift Capacity $ 55.00 Forklift - Hyster w/15,500 LB Lift Capacity $ 70.00 Telescoping Lift - Gradall w/ 6000 LB Lift Capacity & 36' Reach $ 55.00 Loaders Hourly Rate Loader - CAT 9S0 H (44,435 LBS) $ 170.00 Loader - CAT 966 M (51,176 LBS) $ 230.00 Loader - CAT 980 H (68,489 LBS) $ 270.00 Loader - John Deere 544 J (30,459 LBS) $ 85.00 Loader - LiuGong 842Z III (33,601 LBS) $ 85.00 Loader - LiuGong 856Z III (40,675 LBS) $ 105.00 Skid Steer Loader - CAT 236 $ 45.00 Skid Steer Loader - CAT 2488 $ 45.00 Skid Steer Loader - CAT 262 C $ 45.00 Skid Steer Loader - CAT 262 D $ 45.00 Skid Steer Loader - Case TR270 $ 50.00 Skip Loader - Case 570 MXT (4X4) $ 50.00 Skip Loader -John Deere 210 LE $ 55.00 Revised 1/30/2018 Page 3 of 8 14-52 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Loader Attachments Hourly Rate Asphalt Zipper - 26" Width (for CAT 950 Loader or Larger) $ 65.00 Asphalt Zipper - 48" Width (for CAT 950 Loader or Larger) $ 85.00 Broom / Sweeper (for CAT 248B, CAT 262C & 262D) $ 10.00 Compaction Wheel - 24" Width (for CAT 950, CAT 972) $ 12.00 Hydraulic Breaker 600 LB (for CAT 262) $ 40.00 Mulching Machine - 64" Cutting Width (for CAT 262C Skid Steer Loader) $ 150.00 Pavement Grinder - Up to 24" (for CAT 248B, CAT 262C & 262D) $ 20.00 Miscellaneous Equipment Daily Rate Air Hacksaw $ 75.00 Air Ratchet $ 30.00 Angle Ginder w/4.5" Wheel Diameter $ 37.50 Auto Level w/Case Tripod & Rod (Magnification: 28X) $ 75.00 Cart - ATV Type (Gas Powered / 4 Passenger) Hourly Rate $ 15.00 Cart - Golf Type $ 75.00 Chipping gun / Air Hammer / Rivet Buster w/ Tools $ 75.00 Clay Spade $ 50.00 Combination Rotary/ Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 105.00 Cut-off Saw / Chain Saw / Skill Saw / Jig Saw $ 75.00 Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Duct Rodder - 500' $ 80.00 Duct Rodder - 1000' $ 100.00 Electric Drill (1" diameter max drill bit) $ 50.00 Fan 30" Pedestal Type $ 40.00 Geo Phone Underground Sounding Device (Pig Locator) $ 175.00 Grade / Flo -Line Instrument $ 6.00 Holiday Tester (also for T -Lock Liner Testing) $ 50.00 Jackhammer 70 LB Air $ 90.00 Test Pump Hydrostatic - 5 HP $ 80.00 Test Pump Hydrostatic - 8 HP $ 125.00 Hydraulic Torque Wrench 1" - HyTorc $ 300.00 Impact Gun / Driver- Up to 1" (11,160 In -Lbs to 16,200 In -Lbs) $ 30.00 Impact Gun - Up to 1" (1600 Ft -Lbs / 19,200 In -Lbs) $ 90.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp 120 Volt) $ 15.00 Light Tower - Towable Unit (4 Lamp) Hourly Rate $ 25.00 Peanut Grinder w/5' Whip Kit $ 37.50 Pipe Cutters - 4" to 8" Diameter $ 40.00 Pipe Locator $ 100.00 Pipe Threader Electric (up to 2") $ 70.00 Pipe Threader Electric (Up to 4") $ 175.00 Pipe Threader Hand (Up to 2") $ 100.00 Revised 1/30/2018 Page 4 of 8 14-53 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Miscellaneous Equipment - Charged Daily (continued) Daily Rate Pipe Tongs (4" to 12") $ 8.00 Pipe Tongs (16" to 24") $ 15.00 Pipe Tongs (30" to 36") $ 20.00 Plywood Pullers (Up to 6,000 LBS) $ 10.00 Portable Pipe Vise (Tripod Standing Type) $ 35.00 Pressure Washer $ 60.00 Rebar Cutter (Up to 3/4" Max) $ 120.00 Reciprocating Sawzall $ 75.00 Rock Drill (Up to 1") Hourly Rate $ 16.00 Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered $ 75.00 Sand Blaster $ 175.00 Steam Pressure Washer Trailer Mounted (3500 PSI) $ 160.00 Survey Unit for Pig Runs - Promark 3 GPS Type (with receiving units) $ 400.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 Tapping Machine - T.D. Williamson (Up to 2" - Petroleum) Per inch rate $ 100.00 Utility Pole Support Holder (40' max pole height) $ 30.00 Motor Graders Hourly Rate Motor Grader - John Deere 770CH II $ 105.00 Office Trailers & Storage Containers Daily Rate Office Trailer 8' x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12' x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8' x 20' $ 10.00 Bevel Band w/Transmission Crawler (Up to 24") Bevel Machine (Up to 12") Bevel Machine (Up to 20") Cold Cutter - Low Clearance (2" to 14" Steel) Cold Cutter - Low Clearance / Rotary Cutter (16" to 26" Steel) Double Jackscrew Chain Clamp - Mathey Dearman (Up to 36") Electromagnetic Drill Press/ Mag Drill (Up to 1") Line -Up Clamp / Rachet Line -Up (Up to 12") Line -Up Clamp / Rachet Line -Up (Up to 24") Mechanical Plug (Up to 12") Mechanical Plug (Up to 24") Pipe Dispensing Trailer (Up to 2") Pipe Dispensing Trailer (Up to 2") Torque Wrench - Manual (Up to 1000 LBS) Revised 1/30/2018 Hourly Rate Hourly Rate Daily Rate $ 8.00 $ 8.00 $ 18.00 $ 40.00 $ 48.00 $ 110.00 $ 40.00 $ 2.00 $ 5.00 $ 2.00 $ S.00 $ 12.00 $ 15.00 $ 100.00 Page 5 of 8 14-54 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Portable Concrete Batch Plant CUYD Rate Portable Concrete Batch Plant - Port -A -Pour (Max production @ 120 CUYD per hour) $ 25.00 Recycling Equipment - Crushers, Screens & Conveyors Daily Rate Conveyor / 40 Cubic Yard Load Out Bin $ 250.00 Conveyor / Barber Greene PS80 Dozer Trap Feeder (42"x6' Belt Feeder, 42"x54' Discharge Conveyor) $ 250.00 Conveyor / Stacker 36" Wide x 60' Long - Anaconda TR6036 $ 250.00 Radial Stacker 36" Wide x 130' Long - Iron City Supply $ 250.00 Radial Stacker 36" Wide x 186' Long - TCC 42-155 $ 250.00 Screen Frame 12' Wide w/ Adjustable Top - Grizzly $ 100.00 Screening / Material Processing Machine - Sandvik QA140 S-3 (100 HP/53,600 LBS) Hourly Rate $ 105.00 Single Fine Material Washer - Trio TSW4432 (up to 175 tons per hour) Hourly Rate $ 35.00 Shoring Equipment Daily Rate Beam W14 x 89 x 30' Length $ 15.40 Beam W14 x 89 x 40' Length $ 19.00 Beam W14 x 102 x 40' Length $ 20.50 Beam W14 x 120 x 40' Length $ 22.00 Beam W14 x 145 x 40' Length $ 27.00 Beam W14 x 176 x 40' Length $ 33.00 Plates 5' x 8' x 1" Thick (non -treated) $ 6.00 Plates 6' x 10' x 1"Thick (non -treated) $ 7.00 Plates 8' x 10' x 1" Thick(non-treated) $ 8.00 Plates 8' x 15' x 1" Thick (non -treated) $ 12.00 Plates 8' x 20' x 1" Thick (non -treated) $ 13.00 Manhole Shoring Boxes - 8' x 8'x 8' high (steel) $ 80.00 Manhole Shoring Boxes - 8' x 10'x 10' high (steel) $ 110.00 Trench Boxes - 6' x 20' (steel) $ 80.00 Trench Boxes - 8' x 20' (steel) $ 110.00 Trench Boxes - 4' x 24' (steel) $ 85.00 Trench Boxes - 6' x 24' (steel) $ 125.00 Trench Boxes - 10' x 24' (steel) $ 205.00 Hydraulic Speed Shores 28" to 46" - 3' Rail $ 27.00 Hydraulic Speed Shores 28" to 46" - 5' rail $ 28.00 Hydraulic Speed Shores 28" to 46" - 7' Rail $ 29.00 Hydrualic Speed Shores 34" to 55" - 5' Rail $ 30.00 Hydraulic Speed Shores 52" to 88" - 5' Rail $ 40.00 Hydraulic Z Shores 52" to 88" Single Ram - 5' rail $ 40.00 Hydraulic Z Shores 52" to 88" Double Ram - 5' Rail $ 60.00 Hydraulic Speed Shore Accessory - Hand Pump & Release Tool $ 30.00 Hydraulic 55" to 88" Single Ram - 2' Rail $ 35.00 Plywood 4' x 8' Sheet 1 1/8" Thick $ 8.00 Timbers 4" x 12" x 10' Long (TYP) $ 15.00 Revised 1/30/2018 Page 6 of 8 14-55 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Sweepers & Brooms Hourly Rate Broom / Sweeper - Self Propelled $ 38.00 Power Broom / Power Sweeper (Walk Behind) Daily Rate $ 45.00 Traffic Control Equipment Daily Rate Arrow Board (Solar) Hourly Rate $ 15.00 Barricade - ADA Compliant Pedestrian Type $ 3.00 Barricade Flasher (LED Barricade Light) $ 1.00 Barricade - Type I (Pedestrian Type - Plastic) $ 1.00 Barricade - Type II $ 2.00 Barricade - Type III $ 3.00 Delineator/ Traffic Cone $ 1.00 Chain Link Fence Panel 6' x10' w/ Feet $ 7.00 Crash Barrels (various sizes) $ 4.00 K -Rail 20' length $ 7.00 Message Board - Programmable 4' x 8' Hourly Rate $ 25.00 Ramp Pedestrian Type (Bariatric Panel Ramp) $ 20.00 Rumble / Rock / Tire Cleaning Plates 8'x10' $ 10.00 Traffic signs 30" x 30" $ 5.00 Trailers Hourly Rate Trailer - Enclosed Type 12' Long Enclosed (Dig -Up) $ 20.00 Trailer - Enclosed Type 18' Long (Emergency Response) $ 22.00 Trailer - End Dump Type (40,000 LB Max Capacity) $ 15.00 Trailer - Flatbed / Platform Type 48' Long $ 31.00 Trailer - Low Boy Type Heavy Haul - 88,000 LB Max. Capacity $ 31.00 Trailer - Pipe Hauler Type - 14' length $ 12.00 Trailer - Reel Type - 54" x 9' (Single Reel) $ 5.00 Trailer - Tilt or w/Rams Type - 10, 000 LB Max. Capacity ( for Asphalt Rollers) $ 10.00 Trailer - Tilt or w/Rams Type - 19,000 to 20,000 LB Max Capacity ( for Asphalt Rollers) $ 12.00 Trailer - Tilt or w/Rams Type - 36,000 to 40,000 LB Max Capacity ( for Various Equipment) $ 15.00 Trailer - Utility Type / Tool Hauler 1,600 LB Max Capacity $ 6.00 Trailer - Utility Type / Tool Hauler 3,000 LB Max Capacity $ 7.00 Trenchers & Conveyor Hourly Rate Trencher Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00 Conveyor for Vermeer DT 655 Trencher (24" Width) $ 70.00 Truck - Bobtail / Flat Bed Dump Truck - Bobtail Dump (Paving) Truck - Ten Wheel Dump (8 CUYD Cap for Dirt) Truck - Super 10 Dump (10 CUYD Cap for Dirt) Revised 1/30/2018 Hourly Rate $ 65.00 $ 70.00 $ 82.00 $ 92.00 Page 7 of 8 14-56 W. A. Rasic Construction Equipment Rates Rates Effective January 1, 2018 Trucks (continued) Hourly Rate Truck - End Dump (13.5 CUYD Cap for Dirt) $ 105.00 Truck - Fuel & Lube (80,000 GVWR) $ 80.00 Truck - Low Bed Haul w/ Trailer (88,000 LB Max Haul Capacity) $ 95.00 Truck - Mechanics Type w/ 400 LB Lift Crane & Welder $ 50.00 Truck - Mechanics Type w/ 5,000 LB Lift Crane & Welder $ 65.00 Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder $ 75.00 Truck - Pick-up Truck / SUV / Van $ 25.00 Truck - Service Type (F-350, F-450 & F-550) $ 39.00 Truck - Service Type for Paving F-550 w/ 185 CFM Air Compressor $ 50.00 Truck - Service Type F-550 w/ Welder (500AMP) / Compressor (60 CFM) $ 45.00 Truck - Stakebed Type - 11' to 16' Bed Length $ 40.00 Truck - Water Type 2000 Gallon $ 42.00 Truck - Water Type 2500 Gallon $ 45.00 Vactor Trucks Hourly Rate Vactor Truck / Potholing Rig (800 Gallon) $ 150.00 Vactor Truck / Potholing Rig (1200 Gallon) $ 160.00 Water Pumps Daily Rate Water Pump Submersible Type, Electric Powered 2" w/ 25' of Suction Hose & 50' of Discharge Hose $ 60.00 Water Pump Submersible Type, Electric Powered 3" w/ 25' of Suction Hose & 50' of Discharge Hose $ 85.00 Water Pump Submersible Type, Electric Powered 4" w/ 25' of Suction Hose & 50' of Discharge Hose $ 135.00 Water Pump Trailer Mounted, Diesel Powered 6" w/ 25' of Suction Hose & 50' of Discharge Hose $ 265.00 Water Pump Trash Type, Electric/Gas/Air Powered 2" w/ 25' of Suction Hose & 50' of Discharge Hose $ 60.00 Water/Fuel Tanks & Towers Daily Rate Dewatering Sediment Tanks (1,000 Gallon Capacity) $ 10.00 Frac Tank - Crown 508 - Towable Unit Hourly Rate $ 10.00 Fuel Tank - 1,000 Gallon (Dual Containment) $ 16.00 Fuel Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 10.00 Water Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 10.00 Water Tower - Towable Unit (Up to 12,000 Gallon) $ 100.00 Welding Equipment Hourly Rate Band Saw - Portable 4" x 4" max cut $ 10.00 Plasma Cutter $ 20.00 Welder 200 AMP $ 17.00 Welder 300 AMP $ 18.50 Welder 300 AMP Tig Machine $ 18.00 Welder 500 AMP $ 20.00 Weld Rig for Rig Welder (includes fuel / wet rate) $ 35.00 Revised 1/30/2018 Page 8 of 8 14-57 EXHIBIT C 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 and employees. 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 one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) 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 arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented W. A. Rasic Construction Company, Inc. Page C-1 14-58 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Agreement, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. If required, 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 and employees 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 W. A. Rasic Construction Company, Inc. Page C-2 14-59 automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees 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. 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 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 W. A. Rasic Construction Company, Inc. Page C-3 14-60 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. W. A. Rasic Construction Company, Inc. Page C-4 14-61 IW:CII=31129] 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 ( }, 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 W. A. Rasic Construction Company, Inc. Page D-1 14-62 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 C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED W. A. Rasic Construction Company, Inc. Page D-2 14-63 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) W. A. Rasic Construction Company, Inc. Page D-3 14-64 EXHIBIT E 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 { ) 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), 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 W. A. Rasic Construction Company, Inc. Page E-1 14-65 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 , 2a Name of Contractor (Principal) Name of Surety Address of Surety Telephone APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: in Aaron C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED W. A. Rasic Construction Company, Inc. Page E-2 14-66 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) W. A. Rasic Construction Company, Inc. Page E-3 14-67 ATTACHMENT C ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT WITH T. E. ROBERTS, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this 12th day of June, 2018 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and T. E. ROBERTS, INC., a California corporation ("Contractor"), whose address is 306 West Katella Avenue, Unit B, Orange, California 92867, 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 on-call 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 11, 2021, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED 2.1 Contractor shall perform the on-call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). 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: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; RM and 2.1.3 The estimated number of hours and cost to complete the Services; 2.1.4 The time needed to finish the specific project. 2.2 No 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 and the Letter Proposal. 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 and the Letter Proposal, 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. 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 Letter Proposal 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 Five Hundred Thousand Dollars and 00/100 ($500,000.00), 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 T. E. Roberts, Inc. Page 2 14-69 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 and the Letter Proposal, 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 and the Letter Proposal. 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 Tim Roberts to be its 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 Municipal Operations Department - Utilities. City's Utilities Manager 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 T. E. Roberts, Inc. Page 3 14-70 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 approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9.1 City and all officers, employees and representatives thereof 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 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, 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, and employees (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, T. E. Roberts, Inc. Page 4 14-71 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. 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. T. E. Roberts, Inc. Page 5 14-72 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 of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. BONDING 15.1 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°/x) 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 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 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 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 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. T. E. Roberts, Inc. Page 6 14-73 16. PREVAILING WAGES 16.1 Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Contractor and any subcontractor. 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 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. 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. 16.2 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. 17. 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 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. 18. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. 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, T. E. Roberts, Inc. Page 7 14-74 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other contractors in connection with the Project. T. E. Roberts, Inc. Page 8 14-75 24. CONFLICTS OF INTEREST 24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 24.2 If subject to the Act, Contractor shall conform to all requirements of the Act. 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. 25. NOTICES 25.1 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. 25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities Manager Municipal Operations Department - Utilities City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Tim Roberts T.E. Roberts, Inc. 306 West Katella Avenue, Unit B Orange, CA 92867 26. CLAIMS 26.1 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 T. E. Roberts, Inc. Page 9 14-76 against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). 26.2 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.). 27. TERMINATION 27.1 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. 27.2 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. 28.1 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.). 28.2 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. 28.3 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. T. E. Roberts, Inc. Page 10 14-77 28.4 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. 29. STANDARD PROVISIONS 29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. 29.2 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. 29.3 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. 29.4 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. 29.5 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. 29.6 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 against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 29.7 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. 29.8 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. 29.9 Controllinq 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. T. E. Roberts, Inc. Page 11 14-78 29.10 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. 29.11 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. 29.12 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] T. E. Roberts, Inc. Page 12 14-79 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: By: 10 —�- Aaron C.' City Attor ATTEST: Date: in Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Marshall "Duffy" Duffield Mayor CONTRACTOR: T. E. Roberts, Inc., a California corporation Date: By: Timothy E. Roberts Chief Executive Officer Date: : Justin M. Roberts Secretary [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Exhibit D — Labor and Materials Payment Bond Exhibit E — Faithful Performance Bond T. E. Roberts, Inc. Page 13 14-80 EXHIBIT A SCOPE OF SERVICES Contractor shall furnish, pursuant to a Letter Proposal accepted by the City, all labor, equipment, materials, and supervision to provide as -needed underground utility repairs, including but not limited to: • Excavations, pavement cuts, minor grading. • Installation and repair of water system components such as: a. Waterlines sizing from 4" to 48" in diameter. b. Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement, Polyvinyl Chloride, and Steel piping. C. Valves of various types and sizes. d. Services ranging from 3/" to 2" in diameter. e. Meters and boxes of various sizes. f. Backflow devices of various sizes. g. Pressure reducing, sustaining, relieving valves of various sizes. h. Vaults of various sizes. i. Fire connections of various sizes. • Installation and repair of wastewater system components such as: a. Force mains sizing from 4" to 12" in diameter b. Laterals of various sizes C. Clean -outs d. Grease interceptors e. Collection system mainlines f. Vaults/wet wells g. Valves of various sizes h. Manholes T. E. Roberts, Inc. Page A-1 14-81 • Installation and repair of storm water system components such as: a. Storm drain piping b. Catch basins C. Tide valves d. Manholes • Disposal of excess materials and spoils • Hauling of material for backfilling and grading • Backfill and compaction • Minor repair roadways • Welding repair or work CONTRACTOR REQUIREMENTS Contractor shall be required to: • Ensure that all work performed under this contract shall be performed in such a manner as to provide maximum safety to the public and their staff. Where applicable, contractor must comply with all safety standards required by all regulatory agencies including but not limited to, California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHD). This also includes local regulatory compliance set forth by the City of Newport Beach. The City reserves the right to issue restraint, or cease and desist orders to the Contractor when unsafe or harmful acts are observed or reported relative to the performance under this contract. All contractor employees shall have access to a W.A.T.C.H. (Work Area Traffic Control Handbook) at all times. • Maintain all work sites free of hazards to persons and/or property resulting from his/her operations. Any hazardous condition noted by the Contractor, which is not a result of his/her operations, shall be immediately reported to the City. • Upon acceptance work, restore the project area affected by the operations to a condition at least equal to that existing prior to the work, including the removal of all debris. • Provide callback within six hours after initial request from the City for underground utility services. T. E. Roberts, Inc. Page A-2 14-82 EXHIBIT B SCHEDULE OF BILLING RATES T. E. Roberts, Inc. Page B-1 14-83 Roberts INCORPORATED COST FILE T.E. Roberts, Inc. 3/5/2018 On -Call Rates for the City of Newport Beach As -Needed Underground Utility Installation and Repair Services President -Timothy Roberts Superintendents- Justin Roberts, Dave Klein, Ed Perez, Bob Hartwell Hourly Straight Time Hourly Rates Rates LABOR EQUIPMENT Superintendent $204.92 Large Excavator $121.00 Project Manager $115.00 Medium Excavator $110.00 Foreman/Operating Engineer $149.13 Small Excavator $99.00 Foreman/Laborer $114.22 Back Hoe $46.20 Operating Engineer $143.41 Air Compressor w/JH $22.00 Laborer Group 1 $102.42 Dump Truck/Super 10 $49.50 Laborer Group 4 $107.47 Pickup Truck or Van $27.50 Welder- Laborer Group 5 $108.14 Crew Truck $33.00 Teamster $114.20 Flatbed Truck $27.50 Bed Trailer $49.50 SUBCONTRACTORS cost plus 10% Truck and Pup $82.50 Structures Unlimited -concrete structures Water Truck $38.50 Penhall-sawcutting, concrete breaking Sweeper $79.20 Wheel Loader $60.50 Materials cost plus 15% Skip Loader $44.00 Bonds -if required 1.5% of total Skid Steer/Bobcat $44.00 Asphalt Zipper $88.00 Arrowboard $16.50 EXHIBIT C 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. Coveraqe 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 and employees. 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 one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) 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 arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented T. E. Roberts, Inc. Page C-1 14-85 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Builder's Risk Insurance. Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special causes of loss form with limits equal to 100% of the completed value of the Agreement, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide City with a copy of the policy. E. Pollution Liability Insurance. If required, 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 and employees 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 T. E. Roberts, Inc. Page C-2 14-86 automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers and employees 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. 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 insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20380413. D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform T. E. Roberts, Inc. Page C-3 14-87 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. T. E. Roberts, Inc. Page C-4 14-88 EXHIBIT D 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 ( ), 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 T. E. Roberts, Inc. Page D-1 14-89 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 C. Harp City Attorney Authorized Signature/Title Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE A TTA CHED T. E. Roberts, Inc. Page D-2 14-90 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 I 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) T. E. Roberts, Inc. Page D-3 14-91 EXHIBIT E 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 { ) 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 001100 ($25,000.00), 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 T. E. Roberts, Inc. Page E-1 14-92 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: Al Aaron C. Harp City Attorney Authorized SignatureMtle Authorized Agent Signature Print Name and Title NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE ATTACHED T. E. Roberts, Inc. Page E-2 14-93 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) T. E. Roberts, Inc. Page E-3 14-94