HomeMy WebLinkAbout09 - Mike Kilbride On-Call Emergency Underground Utility RepairsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
September 12, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Pete Antista, Utilities Director
949- 718 -3400 or pantista@city.newport-beach.ca.us
city.newport- beach.ca.us
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE,
LTD. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY
REPAIRS
ISSUES:
Should the City execute a Professional Services Agreement with Mike Kilbride, LTD. for
on -call emergency underground utility repairs?
RECOMMENDATION:
Authorize the Mayor to approve the Agreement with Mike Kilbride, LTD. for emergency
underground utility repairs on an on -call basis.
DISCUSSION:
A request for qualifications for on -call services was requested of Mike Kilbride, LTD.
Due to the nature of an emergency requiring immediate repair work, staff is
recommending approval of an on -call agreement with Mike Kilbride, LTD., to provide "as
needed" emergency underground repair services on a time and materials basis based
on the rate sheet shown in Exhibit B. This agreement will formalize on -call emergency
services with Mike Kilbride, LTD., and will lock in prices through June 30, 2007.
The scope of work for this emergency on -call professional agreement would include the
following services: building and repairing sewer laterals and mains; building and
repairing water services including fire hydrants, detector checks and backflow devices.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA
Emergency Underground Utility Repairs
Approval of On -Call Professional Service Agreement
September 12, 2006
Page 2
Funding Availability:
Funds for emergency repairs are available as follows:
Water— 5500 -8160 and 7501C- 5500074
Wastewater— 5600 -8160 and 753105600292
Expenditures more than $30,000 for an individual project will require a separate City
Council action in accordance with Policy F- 14.these services are available
Prepared by:
Ly,
Cindy AsKer
Administrative Manager
Submitted by:
Pete Antista
Utilities Director
Attachments: On -Call Professional Services Agreement
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PROFESSIONAL SERVICES AGREEMENT WITH
MIKE KILBRIDE, LTD. FOR ON -CALL
EMERGENCY UNDERGROUND UTILITY REPAIRS
THIS AGREEMENT is made and entered into as of this 12th day of September,
2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City"), and MIKE KILBRIDE, LTD., a California corporation whose address is P.O.
Box 3341, Newport Beach, California, 92659 -8341 ( "Contractor"), 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 has a need for on -call assistance for emergency underground utilities
services in regards to City infrastructure.
C. City desires to engage Contractor to perform on -call emergency underground
utilities services in various locations and for various City infrastructure.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project shall. be Mike
Kilbride.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth 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 above written date, and shall
terminate on the 30th day of June, 2007, unless terminated earlier as set forth
herein.
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2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" emergency underground utilities services as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Project Administrator, 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:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services,
and the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the project.
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
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Contractor to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
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 to the other party so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) 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.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most, expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
City shall pay Contractor for the services on a time and expense not -to- exceed
basis, in accordance with the provisions of this Section and the Schedule of
Billing rates attached hereto as Exhibit "B" and incorporated herein by reference.
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No rate changes shall be made during the term of this Agreement without the prior
written approval of the City. Contractor's compensation for services performed in
accordance with this Agreement, including all reimbursable items and
subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as
approved by the Utilities Department. Any Letter Proposal that sets forth fees in
excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a
separate Professional Service Agreement approved by City Council per Council
Policy F -14.
4.1 Contractor shall submit monthly invoices to City describing the work
performed the preceding month. Contractor's bills shall include the name
of the person and /or classification of employee who performed the work, a
brief description of the services performed and /or the specific task in the
letter proposal to which it relates, the date the services were performed,
the number of hours spent on all work billed on an hourly basis, and a
description of any reimbursable expenditures. City shall pay Contractor
no later than thirty (30) days after approval of the monthly invoice by City
staff.
4.2 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Letter Proposal. Unless otherwise approved,
such costs shall be limited and include nothing more than the following
costs incurred by Contractor:
A. The actual costs of subcontractors for performance of any of the
services that Contractor agrees to render pursuant to this
Agreement and the Letter Proposal, which have been approved in
advance by City and awarded in accordance with this Agreement.
B. Approved reproduction charges.
C. Actual costs and/or other costs and /or payments specifically
authorized in advance in writing and incurred by Contractor in the
performance of this Agreement.
4.3 Contractor shall not receive any compensation for Extra Work 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 Letter
Proposal and which the parties did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in
accordance with the Schedule of Billing Rates set forth in Exhibit B.
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5. PROJECT MANAGER
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 Mike Kilbride 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.
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 Utilities Department. Pete Antista
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her, authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. 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.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
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technical 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. All services shall
be performed by qualified and experienced personnel who are not
employed by City, nor have any contractual relationship with City.
8.2 Contractor represents and warrants to City that it has or shall obtain all
licenses, permits, qualifications, insurance and approvals of whatsoever
nature that are legally required of Contractor to practice its profession.
Contractor further represents and warrants to City that Contractor shall, at
its sole cost and expense, keep in effect or obtain at all times during the
term of. this Agreement, any and all licenses, permits, insurance and other
approvls that are legally required of Contractor to practice its profession.
Contractor shall maintain a City of Newport Beach business license during
the term of this Agreement.
8.3 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, or 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. HOLD HARMLESS
To the fullest extent permitted by law, Contractor shall. indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents
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, attorney's 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 work performed or
services provided under this Agreement (including, without limitation, defects in
workmanship or materials and/or design defects [if the design originated with
Contractor]) 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, contractors,
subcontractors, anyone employed directly or indirectly by any of them or for
whose acts they may be liable or any or all of them).
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 attorney's fees in any
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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 the Contractor.
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. 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 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 the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
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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, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. 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.
D. Coverage Requirements.
1. Workers' Compensation Coverage. Contractor shall maintain
Workers' Compensation Insurance and Employer's Liability
Insurance for his or her employees in accordance with the laws of
the State of California. In addition, Contractor shall require each
subcontractor to similarly maintain Workers' Compensation
Insurance and Employer's Liability Insurance in accordance with
the laws of the State of California for all of the subcontractors
employees. Any notice of cancellation or non- renewal of all
Workers' Compensation policies must be received by City at least
thirty (30) days prior to such change. The insurer shall agree to
waive all rights of subrogation against City, its officers, agents,
employees and volunteers for losses arising from work performed
by Contractor for City.
2. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than Two Million
Dollars ($2,000,000) per occurrence for bodily injury, personal
injury, and property damage, including without limitation,
contractual liability. If commercial general liability insurance or
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other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liabilitv Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the 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 vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Contractor shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
L The City, its elected or appointed officers, officials, employees,
agents and volunteers are to be covered as additional insureds with
respect to liability arising out of work performed by or on behalf of
the Contractor.
ii. This policy shall be considered primary insurance as respects to
City, its elected or appointed officers, officials, employees, agents
and volunteers as respects to all claims, losses, or liability arising
directly or indirectly from the Contractor's operations or services
provided to City. Any insurance maintained by City, including any
self- insured retention City may have, shall be considered excess
insurance only and not contributory with the insurance provided
hereunder.
iii. This insurance shall act for each insured and additional insured as
though a separate policy had been written for each, except with
respect to the limits of liability of the insuring company.
iv. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
V. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to City, its elected or appointed
officers, officials, employees, agents or volunteers.
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vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
B. Additional 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.
15. 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.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. 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 written request.
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Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. 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 authorizes the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
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21. RECORDS
Contractor shall keep records and invoices in connection with the work 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 to this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City to examine,.
audit and make transcripts or copies of such records 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 under this Agreement.
22. WITHHOLDINGS
City may withhold payment 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 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. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and /or
restoration expense shall be borne by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. CONFLICTS OF INTEREST
The 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
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persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
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 termination of
this Agreement by City. Contractor shall indemnify and hold harmless City for
any and all claims for damages resulting from Contractor's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals 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. All notices, demands,. requests or approvals from
Contractor to City shall be addressed to City at:
Pete Antista
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 -644 -3011
Fax: 949- 646 -5402
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Mike Kilbride
Mike Kilbride, LTD
P.O. 3341
Newport Beach, CA, 92659 -8341
Phone: 949 - 548 -0106
Fax: 949 - 548 -1616
27. TERMINATION
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
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steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
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 and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. 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, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. 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.
31. 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.
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32. 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.
33. 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.
34. 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.
35. 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, religion, color, national origin, handicap, ancestry, sex or age.
36. 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 parry by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
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IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
By: �-
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
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Don Webb,
Mayor
for the City of Newport Beach
CONTRACTOR:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F:l userslcatlshared\Ag\On- CaIRMike Kilbride.doc
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From:
06/22/2006 08:014165 P.001
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -834I
(949) 548 -0106 • Fax (949) 548 -I616
June 22, 2006
Ed Burt
Fax(949)646 -5204
Re: On Cali Agreement
Ed:
Our scope of work for this type of service includes:
EXHIB9 W
❖ Building and repairing sewer laterals and mains
Building and repairing water services including fire hydrants, detector checks,
backflow devices
Repair roadways
Install & relocation of SCE facilities
Attached is an Emergency Agreement you may use as an example.
Fecl free to contact me at (949)548 -0106 if you have any questions.
Thank you,
Mike KiIbride
H
From
06/22/2006 08:02 #165 P.009
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newpotl Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
EXHIBIT °B'
Loadorn & Excavators - & Hour Minimum
move Onloff
SS &TRACK LOADER
$ 135.00
SZ50.00
963 TRACK LOADER
$ 150.OD
5400.00
950 RUBBER TIRE LOADER
$ 136.00
5400.00
21.0 EXCAVATOR 20 Mob is Ton. Class
$ 150.00
5400 00
210 EXCAVATOR with Thumb
$175.00
5400.00
*MOVE ON & OFF PRICES APPLY Lowbed $110.00
per hour outSlde
Orange County
* BACKHOES- 4 Hour Awnimr m
BACKHOE 4 WHEEL DRIVE
HY-RAM
HOE -PAC
BACKHQE10 WHEEL COMBO
BOBCATS - 4 Flour Mfnirrwm
T -200 RUBBER TRACK LOADER
BOBCAT LOADER
BOBCAT BACKHOE
BOBCAT BREAKER
BOBCAT 110 WHEEL COMBO
BOBCAT/ BOBTAIL COMBO
BOBCAT/AUGER
BOBCAT WINCH
TRUCKWGS 4HourMinimum
10 WHEEL DUMP TRUCK
SEMI END DUMP
40 YARD & LOWSIDE CONTAINERS
" COMPRESSORS- 3 Hour Minimum
2 MAN COMPRESSOR
CONCRETE CUTTING- 2 Hour Minimum
FLAT SAW + UOREDRILL
HAND SAW I AIR SAW
WALL SAW - 3 Hour Minimum
HYDRAULIC FLATIHAND SAW
' LABORERS - 4 Hour Mlalmum
LABOR FOREMAN TRUCK & TOOLS
GENERALLABORS
* CONSTRUCTION SITE CLEAN UP SERVICE
$100.00
S 100X0
S 15D.00
S 125.00
$ 97'5.00
595.00
$ 125.00
$ 95.Do
$ 9b.00
$ 125.00
$ 125.00
$ 100.00
$ 100.00
$ 150.00
$ 96.00
$ 90.00
$ 450.00
$110.00
$ 110.00
5110.00
$ 110.0D
$ 110.00
$ 126.00
$ 125.00
$ 60.00
$ 35.00
(Minimum $250.00) Excludes Dump Fee
$50.00
19
jbffl7 -2006 04:06pm From-
ACORDT CERTIFICA
Id�AADDAMS INSURANCE SERVICES
91011- LA PALMA AVE., SUITE 204
ANAHEIM HILLS CA 92807
INSURED
MIKE IGLBRIDE, LTD.
P.O. BOX 3341
NEWPORT BEACH CA 92659
[YTVERAfAFS
OF LIABILITY INSU
THIS CO
ONLY AN
HOLDER.
INSURERS AFFORDING COVERAGE
e:
R
WSURER E
T -063 P.001 /001 F-017
DATE (AO.HDDff YYY)
03x19 /2006
A NATTER OF INFORMATION
l UPON THE CERTIFICATE
NAIL #
THE PDIACHI OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTTNSTANINNG
- ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DDCLIM ANT WITH RESPECT TO'AMH THUS CERTIFICATE MAY 00 ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES CE3CR ®ED HEREIN IS SUIURCT TO ALL THE TERMS, EXCLUSIONS AND CONDMONS OF SUCH
POLICIES. AGGREGATE LM rS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
Ntm
LTA
TYPEOFROURANCE
POLICY NUMBER
NAILKT EFFERAIE
am
Paf -I=Y MiFmTck
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A
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AUTHORIZED REPRESENTATNE
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EACH OIX: RRRXE
s 1,1100.000
X
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S 5,000
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PERSONAL S, AW INJURY
S 1,000,000
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; 2,00000D
GENLAGGREGATE LIMIT APPLES PER:
POLICY JECCTT LOC
PROOUCTSCOMPIOP AGG.
S 2,000,0110
AUTOMONA LIAMUTY
ANYAUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HI EDAUTOB
NO"VWED AUTOS
COMBINED SINGLE LIMIT
(Ea ICCIGAII4
S
BCDU.Y INAIRY
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i
BODILY INJURY
(Par amadem)
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ANYAVTO
AUTO ONLY ACCIDENT
OTHER THAN EAACC
AUTO ONLY: AGG
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i
EXCESS f UMBRELLA ULMuL TY
OCCUR Q CLAIMS MADE
DEDUCTIBLE
RETENTIDN S
EACH OCCURRENCE
;
AGGREGATE
f -
i
i
S
WORKERS COMPENSATION AND
ELViDYEIBT UABRRY - ..
AWPROPRBTG"AkTWfMD®CWiNE
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$
EL DBEASE.EA PUAPI.OYFE
S
EL. DISEASE- PIXACYLM1ST
S
07HER:
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHIM FSIErCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
TEN DAY NOTICE OF CANCELLATION WILL BE GIVEN FOR NON PAYMENT OF PREMIUM.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER FORM VE 0182 03 04 ATTACHED.
AWICU LO (LWTIUBJ
C /TBNcate # 5837
® ACORD CORPORATION 19x8 f1U
SHOULD ANY OF THE ABOVE DESOMEED POLICIES BE CANCEUrD BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER V410,111EAVOR TO MALL SO PAYS
CITY OF NEWPORT BEACH
WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE
3800 NEWPORT BEACH BLVD
TO 8 AGENTS OR tMPPOS ENT OBLIGATION OR LIABILITY OFANY CND UPON THE INSURER
P O BOX 1768
AUTHORIZED REPRESENTATNE
xia
NEWPORT BEACH CA. 82866
Attention:
is 061 i )
AWICU LO (LWTIUBJ
C /TBNcate # 5837
® ACORD CORPORATION 19x8 f1U
Named Insured: Mike Kilbride Ltd. VE 182 03 04
Policy: VCGP009846 Effective Date: 10 -30 -04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A: Section 11 — Who is An Insured is amended to include as an insured any person or
.organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization
is an additional insured but only with respect to liability caused by your ongoing operations
performed for that insured. A person's or organization's status as an insured under this
endorsement ends when your operations for that insured are completed. This insurance
does not apply to liability caused by the sole negligence of any additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions applies:
This insurance does not apply to:
1. The preparing, approving, of failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
and
2. Supervisory, inspection, architectural or engineering activities.
I
CERTIFICATE OF INSURANCE
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winner Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the following rolicyholder for the coverages indicated below.
Name of pofwyl alder
Address of poll yholder
Location of ope ations
Description of c oeralions
MIKE KILBRIDE
P.O. BOX 3341, NEWPORT BEACH, CA 92659
BLUE HERON N56 SEAOY CANYON
� V'
The Policies listed br low have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the terns exclusions, and conditions of those policies. The limits of liabiliity shown may have been reduced by any paid claims.
POLICY NUMBEF.
TYPE OF INSURANCE
POLICY PERIOD
Effective Date j Elation Dale
LIMITS OF LIABILITY
(at beginning of policy period)
Comprehensive
BODILY INJURY AND
Business Liability
PROPERTY DAMAGE
°---------
This irtsuranca indudi s;
_duct .... . ............... .... ... .. .........
(] Products - Completed Operations
❑ Contractual LiabSny,
❑ Underground Hazard Coverage
Each Occwence $
❑ Personal Injury
❑ Advertising injury
General Aggregate $
Explosion Hazard Coverage
❑ Collapse Hazard Coverage
Products — Completed S
❑
Operations Aggregate
DCCESS LIABILITY
POLICY PERIOD
Effective Dam ; Eqiration Dale
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Limit)
❑ Umbrella
Each Occurrence S
❑ Odw
Aggregate. S
Pan 1 STATUTORY
Pan 2 BODILY INJURY
Workers Compensation
and Employers Liabiiky
Each Accident $
Disease Each Employee $
Disease - Policy Lima S
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
Effective Date ; Eivinifion Date
(at beginning of policy period)
P45- 8785 =- 1101 -75
AUTOMOBILE
07/01/05 07/01/06
$1,000,000
THE CERTIFICATE O F INSURANCE
IS NOT A CONTRACT
OF INSURANCE AND NEITHER
AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS M ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described polici s are cancel before
its expiration date, State Farm vgll try to male a wripep
notice to the certificate holder 30 days before
Jame and Address of Certificate Holder cancellefon. If however, we fail to mail such notice,
CITY OF NEWPORT I FACB no obAgafion or (lability will be imposed on State
3300 NEWPORT B= 9 BLVD. Fenn its agents M es.
P.O. BOX 1768 f"/./.
tMWPORT SEAM, C!. 92658 . A: � 0 .,mn�
Ar PARM KELY"ilFnn•tiRENNAN,CPCIj,Age ._
AFO �gt4FarmlrlsutarceCailpanies
r1�.'JR+1N4E�(; 27676 JiNR mayBtitd PlOYy
55"94x9 04.1M PrWo In U.SA.
2.a
-- _ -- — — - - - .aa- -a —n a.
CERTIFICATE OF INSURANCE
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY. Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY. Winter Haven. Florida
❑ STATE FARM LLOYDS, Dallas. Texas
insures the iollowmg . Icticyholder for the coverages indicated below:
Name of policyi bider
Address of pof& yholder
Location of We nfions
Descr"on of 0 Derations
MIKE PaLBRIDE
P.O. BOX 3341, NEWPORT BEACH, CA 92659
BLUE HERON #56 SHADY CANYON
� VVJ
The poNales listed I" low have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the term. exclusions, and conditions of those policies. The limits of risibility shown may have been reduced by any paid claims.
POLICY NUMBEF
TYPE OF INSURANCE
POLICY PERIOD
Efiectve Date ; Expiraoon Dalo
LIMITS OF LIABILITY
(at beginning of policy period)
Comprehenwve
BODILY INJURY AND
Business Liability--
PROPERTY DAMAGE
- -- .....
Thy Insurance induct s:
- - - - --
❑ Products - Completed Operations
❑ Contractual liability
❑ Underground Hazard Coverage
Each Occurrence $
❑ Personal Injury
❑ Advertising Injury
General Aggregate $
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage
Products - Completed $
❑
Operations Aggregate
EXCESS LIABILITY
POLICY PERIOD
Effective Date : ExpiraYron Dame
BODILY INJURY AND PROPERTY DAMAGE
(Combined Single Lknft)
❑ Umbrella
Each Occurrence $
. ❑ Other
Aggregate $
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF tNSURANCE
Effective Dal : E Dato
(at begimring of policy period)
P45- 8785=- A01 -75
AUTOMOBILE
07/01/04 07/01/05
$1,000,000
THE CERTIFICATE O' INSURANCE IS NOT A CONTRACT
OF INSURANCE AND NEITHER
AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS , )R ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
Its expiration dale, Slake Farm will try to mail a write
notice to the certificate holder 30 days before
I lame and Address of Certificate Holder cancellation. If however. we fail to mail such notice,
no obligation or fiabl#ty will be imposed on State
CITY OF NEWPORT BEACH F ar its agents fr°preselrlat6v8S.
3300 NEWPORT BEA(:E BLVD. / -
P.O- BOX 1768
NEWPORT BEACH. Cp 92658
558994 0..3 00.7999 Piintac in USA
i' -Are r'vu I01YAN, CPCU,Aga' .
AlbLrtar, .:Jt44
late f &m insurance Cwitpalties
e nHr� ".• 7:676SaG1aMargaAt2Mky
»�+ " "< rrxtob Plsta
a'asS1'MV*,GA92691
(rig) 77r. m
33
CERTHOLDER COPY Se
STATE P.O. BOX 42D807, SAN FRANCISCO,CA 84142. -0807
COMPENSATION
FUNDIN S1 L)kANCE
FND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03 -15 -2006 GROUP:
POLICY NUIMER: 1862825-2005
CERTIFICATE 1D 510
CERTIFICATE EXPIRE& 10 -01 -WW
10-01- 20D5l10- Ot -Yu>08
THIS CERTIFICATE SUPERSEDES AND CORRECTS
CERTIFICATE N 148 DATED 10 -01 -2005
CITY OF NEWPORT BEACH SG
PO BOX 1788
NEWPORT BEACH CA 92658 -88t5
This Is to certify that we have issued a valid Workers' Compensation insurance poppy in a form approved by the
California Insurance Commisaloner to the employer named below for the policy period Indicated.
This poppy is not subject to Cancellation by the Fund except upon30 days advance written notice to the employer.
We wnl also give you 30 days advance notice should this policy be cancelled prior to its normal expiratlon.
This certificate of Imuranea Is not an insurance policy and does not amend extend or after the coverage afforded
by the policy listed herein. Notwithstand' any requirement, term or condition of any eortrect or Giber document
with respect to which this certificate affInsurance may be issued or to which it may pertain, the 'snswance
afforded by the policy described heron is subject to all the terns. exclusions, and conditions, of such policy.
IZED REF SFMA PRPSIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0045 ENTITLED ADDITIONAL INSURED 9WLOYER EFFECTIVE 2001 -10 -01 IS
ATTACHED TD AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF NEWPORT BEAM
04PORSOMENT X1800 - MIKE KILBRIDE PRES TRES SEC - EXCLUDED.
ENDORSEMENT #1800 - BRAD ROSTER VP - EXCLUDED..
,,,._.ENDORSEMENT 82065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
MIKE KILBRIDE,LTD DBA:CDAST WATER AND POWER
PO BOX 3361
NEWPORT BEAM CA 82658
[IMD,CNj
gn,,sw0 PRINTED 03- 15-2006
aq
March 15, 2006
I�T'7
To: Joan From: Certificate Department- ingdd
nw (949) 646 -5204 Pages: Cover+ 1
PGoaev Date: March 15, 2006
Rae: Certificates of Insurance ccr
Ourgeat OForReview OPreasecommeae OP/easeRepty OPieaseRecyoie
• comments: For faster service, please list your e-mail address on your certificate
request
Attached is the cerlificate(s) of insurance for Mike 1 ilbdde DBA Coast Water &
Power. A hard copy wilt be sent via the U.S. Mail.
ldl
• Page 2
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