HomeMy WebLinkAbout10 - Approval of 3 On-Call RSAs for Underground Utility Installation and Repair ServicesCTY OF
F
NEWPORT BEACH
City Council Staff Report
May 26, 2015
Agenda Item No. 10
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644-
3011, gmurdoch @newportbeachca.gov
PREPARED BY: Rachell Wilfert
PHONE: (949) 644 -3010
TITLE: Approval of Three (3) On -Call Repair Services Agreements for Underground Utility
Installation and Repair Services
ABSTRACT:
The City utilizes on -call contractors to perform underground utility repairs. The existing on -call agreements
have expired. A Request for Proposals (RFP) was issued to obtain new proposals for these services. Due
to the urgency of response in the event of an emergency repair, staff is requesting more than one on -call
contractor in the event another is unavailable. Staff is requesting to enter into three (3) separate
agreements with the top -rated firms.
RECOMMENDATION:
a) Approve an on -call repair services agreement with Doty Bros. Equipment Co. for underground utility
installation and repair services, and authorize the Mayor and City Clerk to sign the agreement;
b) Approve an on -call repair services agreement with GCI Construction, Inc. for underground utility
installation and repair services, and authorize the Mayor and City Clerk to sign the agreement; and
c) Approve an on -call repair services agreement with T.E. Roberts, Inc. for underground utility installation
and repair services, and authorize the Mayor and City Clerk to sign the agreement.
FUNDING REQUIREMENTS:
The current adopted budget provides sufficient funding for the typical repair of underground utilities. Should
a large repair be needed that exceeds the available budget or contract limit, staff will bring the item to
Council for additional funding.
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 need the assistance from
competent and qualified firms to provide services related to underground utility installation and emergency
repair. City staff currently maintains over 296 miles of water distribution mains, 423 miles of sewer
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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 staff needs the assistance from qualified firms to
expedite the restoration of the utility service. These firms provide manpower, equipment, and services such
as certified pipe welders, heavy equipment, and specialized equipment the City may not have. A Request
for Proposals was released to the public in March. A total of seven proposals were received and
subsequently evaluated by a selection panel on the basis of qualifications, availability, experience,
understanding of the services and operational methodology. Due to the immediate need for utility repair
service in emergency situations, contractor availability is a big priority. If one contractor is not available,
then the next most qualified low cost contractor will be selected.
The three (3) highest ranked firms were therefore chosen to provide on -call services. Per the agreement,
each firm shall submit proposals for the work requested. Selection will be based on 1) contractor
availability, which includes staff and equipment available at the time; and 2) proposal cost.
Each agreement has a term limit of three years with a total amount not to exceed $300,000.
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:
Description
Attachment A - On -Call Repair Services Aareement with Dotv Bros. EauiDment
Attachment B - On -Call Repair Services Agreement with GCI Construction, Inc.
Attachment C - On -Call Repair Services Aareeement with T.E. Roberts. Inc.
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Technical Score
Cost Ratio
Total Score
Rank
Proposer
(out of 70)
Score (out of
(out of 100)
30,
1
GCI Construction, Inc.
66.67
30.00
96.67
Doty Bros. Equipment
65.33
30.00
95.33
Company
3
ITE Roberts, Inc.
62.00
30.00
92.00
Mike Prlich & Sons, Inc.
54.67
30.00
184.67
5
Vidmar, Inc.
53.33 130.00
83.33
6
VCI Construction, Inc.
50.00 130.00
80.00
7
Bubalo Construction
42.67
30.00
72.67
Coe
The three (3) highest ranked firms were therefore chosen to provide on -call services. Per the agreement,
each firm shall submit proposals for the work requested. Selection will be based on 1) contractor
availability, which includes staff and equipment available at the time; and 2) proposal cost.
Each agreement has a term limit of three years with a total amount not to exceed $300,000.
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:
Description
Attachment A - On -Call Repair Services Aareement with Dotv Bros. EauiDment
Attachment B - On -Call Repair Services Agreement with GCI Construction, Inc.
Attachment C - On -Call Repair Services Aareeement with T.E. Roberts. Inc.
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/_1ir_Cy:hTtl=Ii!11 r_1
ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT
WITH DOTY BROS. EQUIPMENT COMPANY FOR
UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL MAINTENANCE /REPAIR SERVICES AGREEMENT
( "Agreement') is made and entered into as of this 11th day of May, 2015 ( "Effective
Date "), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ( "City "), and DOTY BROS. EQUIPMENT COMPANY, a
California corporation ( "Contractor'), whose address is 11232 East Firestone Boulevard,
Norwalk, California 90650, 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 April 30, 2018, 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;
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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;
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 Three Hundred Thousand Dollars and
00 /100 ($300,000.00), without prior written amendment to the Agreement.
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement 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 Phil Dennis 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.
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
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existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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
Doty Bros. Equipment Company Page 4
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property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. 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
Doty Bros. Equipment Company Page 5
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
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
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labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. 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.
17. 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, 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.
18. 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.
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 expressly authorizes in writing the release of information.
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20. 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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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.
24. NOTICES
24.1 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
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business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Phil Dennis
Doty Bros. Equipment Company
11232 E. Firestone Blvd.
Norwalk, CA 90650
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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.
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26.2 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.
27. LABOR
27.1 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.).
27.2 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.
27.3 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.
27.4 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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.
28.3 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.
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28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 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.
28.12 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]
Doty Bros. Equipment Company Page 11
10 -13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT ' RN Y'S OFFICE
Date: I�
By:aq l�
Aaron C. Harp emA wisasc
City Attorney
ATTEST:
Date:
in
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Edward D. Selich
Mayor
CONTRACTOR: Doty Bros. Equipment
Company, a California corporation
Date:
By:
M.C. Christy
President
By:
Dale Haithcoat
Treasurer /CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Doty Bros. Equipment Company Page 12
10 -14
EXHIBIT
SCOPE OF SERVICES
Doty Bros. Equipment Company Page A -1
10 -15
SCOPE OF SERVICES
OVERVIEW OF SERVICES REQUESTED
The following is a list of the services that may be requested by the City during a
typical contract engagementfor as- needed underground utility installation and repair
services.
Contractor shall furnish 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:
o Waterlines sizing from 4" to 48" in diameter
o Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos
Cement, Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes
• Services ranging from %" to 2" in diameter
• Meters and boxes of various sizes
o Backflow devices of various sizes
o Pressure reducing, sustaining, relieving valves of various sizes
o Vaults of various sizes
o Fire connections of various sizes
• Installation and repair of wastewater system components such as:
o Force mains sizing from 4" to 12" in diameter
o Laterals of various sizes
o Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
o Valves of various sizes
o Manholes
• Installation and repair of storm water system components such as:
o Storm drain piping
10 -16
o Catch basins
o Tide valves
o 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 where applicable comply
with all safety standards required by CAL -OSHA. 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 twenty four hours after initial request from the City for
underground utility services.
PROJECT ADMINISTRATION
Based on the results of this solicitation process, the City will enter into a three -year on-
call contract with the highest - qualified contractor(s). On -call contracts do not guarantee
or imply any specific quantity of work over the proposed two -year contract period. When
the need for services arises, the City shall request in writing, the necessary underground
utility installation and repair services required in adequate detail. Contractor shall then
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 detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
10 -17
• The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those provided in the Contractor's RFQ response. No Services shall be
provided until the City has provided written acceptance of the Letter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties in the approved Letter
Proposal.
FRIFb9
EXHIBIT B
SCHEDULE OF BILLING RATES
Doty Bros. Equipment Company Page B -1
10 -19
a OU IF? B IM 9 � El
Construction Company
Subsistence: $ 110.001day
Travel Time: Customer will be advised if travel time is applicable
Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Saturday is time and one half. Sundays and holidays shall be paid at double lime. For
Operating Engineers, Laborers, Teamsters, Cement Masons, Electricians - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all
additional hours at double time including holidays. Emergency
"call out work" - Four (4) hour minimum for labor and equipment.
Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15%
Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura,
Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rack, Santa Cn¢ 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 San Diego County.
NOTE: Wage scales are In accordance with all current applicable signatory labor agreements, and are subject to change without notice. This rate sheet Is not all
Inclusive; additional classifications available If required. (v2.0) CA C.L. 273024
11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) S64 -6052 1tivvwadocybros.corn CA Lic. 273024
10 -20
COST PLUS RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1, 2014 TO JUNE 30, 2015
t >';•'i::oic�.�.
PAY
STRAIGHT
OVER
DOUBLE
PAY
STRAIGHT
OVER
DOUBLE
CRAFTSMAN/CLASS
CODE
TIME
TIME
TIME
CRAFTSMAN /CLASS
CODE
TIME
TIME
TIME
CARPENTERS
OPERATING ENGINEERS
General Foreman
CGF
95.03
132.81
170.59
General Foreman, Appdx. A
OGF
107.22
145.53
Operating Foreman
COF
92.77
129.41
166.06
Foreman, Appdx. A
OFM
103.88
183.85
Foreman
CFM
90.03
125.31
160.59
Group 1, Appdx. A - Oiler
OGI
95.73
140.53
177.17
Journeyman
CJM
85.03
117.80
150.58
Group 2, Appdx. A- Oiler
OG2
97.03
128.29
160.86
Shingler
CSJ
85.24
118.13
151.01
Group 8, Appdx. A - Universal
OG8
100.55
130.24
135.52
163.46
Apprentice - 8th Period (90 %)
CAB
78.47
107.97
137.47
Group 10, Appdx. A Mechanic
170.50
-
OGA
100.75
135.82
170.90
Group 8, Appdx. B - Crane t 25 Tons
088
101.03
136.25
171.47
MILLWRIGHTS
Group 9, Appdx. 8- Crane >25 Tons
CBS
101.31
136.67
172.04
General Foreman
CMG
95.87
134.06
172.26
Apprentice. Grp S. Appdx A- Step 6 (90 %)
OAS
93.55
125.03
156.51
Foreman
CMF
90.86
126.56
162.25
Journeyman
CMJ
85.86
119.05
152.25
UA. PIPEFITTERSANELOERS
Apprentice -8th Period (95%)
CMB
75.90
104.12
132.33
INDUSTRIAL
CEMENTMASONS
General Foreman
IGF
119.03
162.48
205.93
Foreman
MFM
87.60
116.67
145.73
Foreman
Journeyman - Welder/Finer
IFM
111.74
151.71
191.69
Journeyman
MJM
82.60
109.16
135.72
Industrial Welder
IJM
IIW
100.80
135.56
170.32
F8T Machine Operator
MTO
83.01
109.78
136.56
Apprentice - Fifth Year
IA5
107.75
145.99
184.23
Apprentice .81h 6 Mos. (90 %)
MAB
77.28
101.19
125.10
79.45
107.26
135.06
SHORTLINE (LOCAL 2501
LABORERS
Foreman
SFM
109.03
150.67
189.28
Operator General Foreman
LOG
101.74
140.05
178.37
Journeyman (Welder /Fitter)
SJM
102.34
140.63
176.16
Operator Foreman
LOF
98.40
135.05
171.69
Welder Helper
SWH
60.93
81.86
100.29
General Foreman
LGF
84.47
114.16
143.84
Foreman
LFM
82.61
111.65
140.50
UTILITY
Group 1 - General
LGI
75.47
100.65
125.82
Operator Foreman
UOF
96.87
133.51
170.16
Group 2- Wrapper To 6'
LG2
76.38
102.02
127.66
Foreman
UFM
84.74
115.32
Group 3- PTO/Wrapper >6'
LG3
77.30
103.40
129.49
Welder
UWD
03,46
145.91
Group 4 -Pipe layer, CBS
LG4
79.89
107.28
134.66
Joumeyman /fuser
UJM
71.50
112.50
95.88
142.14
Group 5. Blaster
LGS
80.47
108.15
135.83
Pipe Tradesman II
UP2
54.93
71.21
120.25
Apprentice -6th Period (85%)
LAS
61.48
85.01
108.54
87.49
ELECTRICIANS /INSIDE WIREMEN
(Rates subject to project location 8 employee base location)
TEAMSTERS
General Foreman
EGF
115.49
157.55
199.64
Operator General Foreman
TOG
107.95
146.18
164.50
Foreman
EFlvt
107.73
145.93
Operator Foreman
TOF
104.53
141.18
177.83
Journeyman
EJM
97.44
134.29
184.13
General Foreman
TGF
82.93
108.78
134.62
Apprentice -10th Period (85 %)
FAO
87.34
116.51
168.61
145.68
Foreman
TFM
81.26
106.28
131.29
Group 2 - 2 Axle
TG2
78.18
101.65
125.12
PROJECT MANAGEMENT
Group 3 -3 Axle
TG3
78.40
101.97
125.55
Project Manager
MPM
111.65
152.73
197.24
Group 5 - Working Truck Driver
TGS
78.76
102.52
126.28
Superintendent
MSP
114.19
153.59
198.37
Group 6 -4 or More Axle
TG6
78.81
102.60
126.38
Project Engineer
MPE
77.75
113.79
149.83
Group 9- Lo-Bed
TG9
79.98
104.35
128.72
Safety Director
SAD
109.73
149.23
193.88
Group 12 - WTD BoomTrk Cad
TBT
82.03
107.43
132.82
Safety Supervisor
SAS
97.65
133.09
171.86
Subsistence: $ 110.001day
Travel Time: Customer will be advised if travel time is applicable
Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Saturday is time and one half. Sundays and holidays shall be paid at double lime. For
Operating Engineers, Laborers, Teamsters, Cement Masons, Electricians - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all
additional hours at double time including holidays. Emergency
"call out work" - Four (4) hour minimum for labor and equipment.
Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15%
Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura,
Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rack, Santa Cn¢ 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 San Diego County.
NOTE: Wage scales are In accordance with all current applicable signatory labor agreements, and are subject to change without notice. This rate sheet Is not all
Inclusive; additional classifications available If required. (v2.0) CA C.L. 273024
11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) S64 -6052 1tivvwadocybros.corn CA Lic. 273024
10 -20
MASTER EQUIPMENT LIST AND RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1, 2014 TO JUNE 30 2015
BACK HOES
ID#
Hourly
Hourly
5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck
Rate
CABLE DOLLY- ONE REEL (Traitor Mounted)
Rate
AUGER
#1189
$
20.00
Accessory - COMPACTION WHEEL EXECAVATOR
01181
$
40.00
Accessory - COMPACT WHEEL F /CASEJD
#1179
$
20.00
Accessory - HYDRAULIC BREAKER / CASE 8 JO
#1183
$
50.00
Accessory - HYDRAULIC BREAKER/ EXCAVATOR 6000#
#1091
$
95.00
Accessory - VIBRATORY PLATE
41535
$
40.00
Accessory - BACK HOE FORKS (4 HR MIN.)
#4749901 $
7.50
CC -135A ROCK WHEEL
01313
$
75.00
CASE 580/ JD 310
#6452
$
40.82
CASE 590 /JD 410
$ 375.00
$
42.82
JO 350 EXCAVATOR
#4400
It
120.00
CAT 345 -TRACK MOUNTED
#4072
$
144.38
HITACHI ZX20 EXCAVATOR - WHEELED
#4188
$
98.13
CAT 416
#4147
$
38.82
JD 710
TEST PUMP TRUCK
$
4632
TRENCHER - VERMEER T758 -RIDE ON
#4218
$
145.00
COMPACTION EQUIPMENT
UTILITY VEHICLE (NON -HWY)
$
ARROW (HYDRO HAMMER)/ STOMPER
VACUUM TRUCK. SOFT DIG
$
44.50
SHEEPS FOOT- Tow Behind(VIvaUn8)
01169
$
16.50
WACKER TAMPER
#1860
$
23.50
PADFOOT COMPACTOR 66'
#1501
$
32.94
COMPRESSORS W/90 LB BREAKER CLAY SPADE & TAMPER
MISCELLANEOUS
COMPRESSOR 125- 185CFM
SOARING MACHINE HYDRAULIC
$
21.50
COMPRESSOR -AIR, PORTABLE (PER DAY RATE)
01808
$
106.00
CRANES
TAP MACHINE (Water lines 3" to 12') (Per inch / per day)
#828
$
BOOM TRUCK - 8TON
#3647
$
35.63
BOOM TRUCK - 10 -11 TON
WELDERS
$
50.63
BOOM TRUCK -14-19 TON
200AMF -TRUCK MOUNTED
$
54.63
BOOM TRUCK 23 -25 TON
#3308
$
59,63
CRANE - FIT / 15.18 TON (or equivalent)
WELDER - RIG RENTAL NUMBER -
$
61.63
DOZERS I SIDEBOOMS
WELDER - PORTABLE (PER DAY RATE)
$
DOZER JD 450
#5078
$
44.69
SIDEBOOM CAT D-6
$
58.69
SIDEBOOM GAT D-7
#5063
$
67.69
SIDEBOOM CAT 561
95045
S
64.69
SIDEBOOM CAT 572
05067
$
79,69
SIDEBOOM JD 450
$
42.69
FORKLIFTS
FORKLIFT - HYSTER 20,000 LB
#1203
$
35.82
FORKLIFT - LION 6,000 LB
#1204
$
23.82
LOADERS
MINI SKID STEER - DITCH WITCH
#1275
$
27.82
LOADER - BOBCAT W1 BUCKET
911848
$
27.82
LOADER - BOBCAT WI SWEEPER
#11845
$
37.82
LOADER - BOBCAT W1 GRINDER
#1184G
$
57.82
RUBBER TIRE LOADER - 544 JD
#5086
S
47.63
RUBBER TIRE LOADER - 644 JD
#5511
$
58.75
RUBBERTIRE LOADER .930 CAT
#5089
$
49.63
RUBSERTIRE LOADER -950 CAT
#5067
$
60.63
RUBBER TIRE LOADER - 95DE/F CAT
#5099
$
71.63
RUBBER TIRE LOADER -966 CAT
#5070
$
66.63
SKIPLOADER - CASE 5801 MF 40E /F445
$
32.82
ROAD EQUIPMENT
D #
Hourly
1738
5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck
Rate
CABLE DOLLY- ONE REEL (Traitor Mounted)
24.63
g 12,00
CABLE DOLLY -THREE REEL (Trailor Mounted)
$
$ 25.00
FLASHING ARROWBOARD - (4 HR. MIN.)
#3338
$ 17.00
GRADER -CAT 140
#R7791
S 83.63
GRINDER /COLD PLANER (BITELLI) - (4 HR. MIN.)
#1187
$ 232.00
ROLLER - (RIDE ON)
$
$ 29.50
ROLLER (WALK BEHIND) - 1 TON VIBRATOR
$ 23,50
ROLLER TRAILER
FLAT BED with LIFT
$ 12.00
STREETSWEEPER (4HR.MIN.)
#3319
$ 4313
TILTTRAILER
86366
$ 12.00
TRENCHER TRAILER
#6481
$ 12.013
UTILITY TRAILER
#6452
S 12.00
ZIPPER PAVEMENT GRINDER (PER DAY RATE)
#1800
$ 375.00
ASPHALT PAVER - LEE BOY 100013
#1198
$ 115.63
CEMENT SAW -WALK BEHIND
#1938
$ 33.50
WATER WAGON (PER DAY RATE)
#6271
It 40.00
TRUCKS
2 -3 TON LUBE TRUCK
=3450
$
1738
5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck
$
24.63
BACK HOE MOVER TRUCK
$
2163
CEMENT TRUCK w/ mixer and compressor
#3338
$
55.63
DUMPTRUCK 10WHEELER
$
32,63
EQUIPMENT TRAILER - 20,000 LB
$
14.00
EQUIPMENT TRAILER - 40,000 LB
$
16.00
FLAT BED with LIFT
93693
$
2363
FLAT BED with MIXER / DUMP
03392
$
55.63
LOWBED TRAILER w/ tractor 8 move permit tees
#3456
$
48,83
LOWSIDE END DUMP TRAILER W/ TRACTOR
03418
S
43.63
PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED
$
16.38
PICK -UP - RENTAL NUMBER
R7700
$
16.38
SERVICE TRUCK -10 TON - (Ind. Compressor, Gen, B Teals)
$
32.63
SERVICE TRUCK- MISC TOOLS NOT INCLUDED
$
18.38
SERVICE VAN- MISC TOOLS NOT INCLUDED
$
16,38
TEST PUMP TRUCK
03401
$
8063
TEST TRAILER(Hyprostalic) (#654986674)
$
3200
UTILITY VEHICLE (NON -HWY)
$
23.38
VACUUM TRUCK. SOFT DIG
03908
$
39,13
WATER TRUCK - (1,500 -2,000 GALS.)
$
35,63
WATER TRUCK - (3,500 GALS.)
#3464
S
40.63
WINCH TRUCK
03395
S
30.63
MISCELLANEOUS
SOARING MACHINE HYDRAULIC
01521
$
25.00
BORE MACHINE TRAILER
#6447
$
10.00
TAP MACHINE (Water lines 3" to 12') (Per inch / per day)
#828
$
WAD
TAP MACHINE (Water lines up to 2") (Per Inch / Per day)
#820
$
20.00
WELDERS
200AMF -TRUCK MOUNTED
It
29,88
200 AMF, SKID MOUNTED or TRAILER
It
16AS
WELDER - RIG RENTAL NUMBER -
R7704
$
29.88
WELDER - PORTABLE (PER DAY RATE)
$
50.00
CUTTINGTORCH (ACETYLENE)
FABRICATION SHOP 8 EQUIPMENT
0926 $ 18.00
#101 $ 90.08
vaye i m 2
10 -21
MASTER EQUIPMENT LIST AND RATES
SOUTHERN CALIFORNIA
COST PLUS RATES EFFECTIVE JULY 1, 2014 TO JUNE 30 2015
M,,M w p..
IUR
Dally Kate
MISCELLANEOUS
ID#
Daily Rat e
ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH
#3D91
$
50.00
PIPE PUSHER 7 GRUNDORAM - HERCULE
91939
S 600.00
AIR HOSE 314 "X 50
0870
$
8.00
PIPE TONGS (4 ", 6", 8 ",10', 12", 16', 18 °, 2(r)
#1936
S 50.00
AIR SAW
#857
$
50.00
PIPE ROLLERS (FOR 2- TO 36" PIPE)
9899
$ 24.00
AIR TAMPER
4859
$
35.00
PIPE STANDS (FOR W TO 12" PIPE)
#900
$ 5.00
ASPHALT SPREADER BAR
#1193
$
125.00
PIPE SKIDS (4" X 6' X 4' LUMBER)
#898
$ 1.00
BARRICADES
9680
$
2.50
PIPE WRAPPING MACHINE4H,NO HELDACCUWRAP II TB " WIDTH 0930
$ 25.00
BEVELING BAND 14" -20'
4833
S
75.00
PLASMA CUTTER - PORTABLE
#888
$ 150.00
BEVELING BAND 24 °42°
9834
$
100.00
PLYWOOD i/3 REPLACEMENT COST
#897
$ 3,00
BEVELING BAND 4"-12°
#832
$
50.00
PNEUMATIC/HYDRAU TORQUE WRENCH
93090
$ 150.00
BEVELING MACHINE 14"-20'
#830
$
75.00
PORTABLE BAND SAW
9860
$ 35.00
BEVELING MACHINE 24 "42'
4831
$
100.00
POWERTHREAOER
#853
$ 85.00
BEVELING MACHINE 4 " -12"
0829
$
42.50
PRESSURE WASHER TRAILER MOUNT.
#6941
$ 160,00
BORING MACHINE - CASE HYDRA
#1092
$
160.00
PUMP - SKID MOUNT BENTONITE
01166
$ 107,00
BORE MOTOR
#854
$
10.00
PUMP - SUBMERSIBLE
#861
$ 27,00
BORING MACHINE 1 -112 "813/4" (Attu- punch)
#1178
$
15.00
RIGID ROLL GROOVER (#87389856)
$ 30.00
BORING MACHINE 4 " -8" (Ace#- punch)
#1520
$
25.00
RIVET BUSTER /RIPPING GUN
pgeg
$ 59.09
BORING MACHINE 312" (Aceu- punch)
91177
S
20.00
ROCK DRILL (Plus Steel)
#865
$ 35.00
BRISTLE BLASTER - ELECTRIC
94279911S
48.00
ROCK SEPARATOR - GRIZZLY
#1811
$ 85,00
BUFFER & GRINDER
#836
$
25.00
ROTARY KAMMER (Plus Steel)
9852
$ 50,00
BUILDER LEVEL -AC-2X NIKON
#845
$
25.00
SANDBLASTER - UNIT (with accessories)
#1175
$ 125.00
CEMENT MIXER
$
43.00
SAWZALL
0874
$ 15.00
CHAIN LINK FENCE PANELS
#846
$
3.00
SCISSOR LIFT- TEREX
9128s
$ 175.00
CHAIN SAW 16' (INCLUDES BLADES)
#850
$
50.00
SHORING LUMBER 3"X 12'X 14' ryD REPUCEmPxrCGSrI
#895
$ 3.00
CHIPPINGGUN (Plus Steel)
#868
$
35.00
SHORING LUMBER S "X 8"X 8' (15REPLACE01ENr COSn
#896
CLAY SPADE (Plus Steel)
#866
$
35.00
SKILL SAW (INCLUDES BLADES)
p 5
$ 20.00
CLEANING BALL
9890
$
10.00
TAP MACHINE- T.O. WILLIAMSON(UP TO T)
0827
$ 700.00
COM -A- LONG /CHAIN
#886
$
15.00
TAR POT
9862
S 50.00
CONCRETE FINSHER
#1823
$
125.00
TEST PLUG
#892
$ 10,00
CONCRETE VIBRATOR
#891
$
40.00
TEST PUMP 200 LB,400 I.B. SPRAGUE
#1815
S 125.00
CONSTRUCTION SIGNS
#882
$
4.00
TEST PUMP High Pressure
#1940
$ 125,00
CROSSING PLATES
#878
$
6.25
TESTPUMP Portable 2001b (#8188#817)
$ 80.00
CUTOFF /CHOP SAW (INCLUDES BLADES)
#810
$
53.OD
TESTING TABLE
#7834
$ 60,00
DEAD WEIGHT TESTER
$
60,00
TORQUE WRENCH - HAND -3/4 "DRIVE DEW#Ibe
NW92
$ 4.00
DELINEATORS
#879
$
2.50
TRAFFIC CONES
#881
$ 2.50
DRILL MOTOR I2"
#811
$
20.00
TRAILER- JOBSITE STORAGE (MOBILE)
#6194
$ 20.00
DRILL MOTOR 314"
4812
$
25.00
TRANSIT - THEOLITE
98450
$ 35.00
DRY ROD OVEN - PORTABLE -1000 WATT
9809
$
35.00
TRENCH BOX - S' X 10
01910
$ 200.00
DRY ROD OVEN - PORTABLE - 150 WATT
4813
$
25.00
TRENCH BOX - 4' X 10
#1909
$ 130.00
DUCT ROD
#855
$
30.00
TRENCHJACK (SCREW)
#877
$ 4.00
EMULSION POT SPRAYER
$
60.00
TRENCH JACK (HYDRAULIC)
#876
$ 20.00
FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS)
$
125.00
TRENCHER - VERMEER -WALK BEHIND
01160
$ 125.00
FLOWLWER
#847
S
25.00
TRI -VISE
#884
$ 25.00
FUSION MACHINE 14 °Macelroy
03096
$
50.00
VIBRATOR PLATE
$ 91.00
FUSION MACHINE 4 -12 "Macelroy
.#3095
$200.00
WALKIETALKIES (SETOF2)
9893
$ 25.00
GENERATOR (3.5 -5KW)
#1807
$
53.00
WATER HOSE 172"X50
#871
$ 6,00
GENERATOR (75KW)
#6290
$
75,00
WATERHOSE 212"X50
#872
$ 7,50
HEATTRACER
9814
$
25.00
WATER PUMP 2" Portable
#1831
$ 53,00
HEATER
4815
$
25.00
WATER PUMP 3" Portable
91832
5 B0W
HOLIDAY DETECTOR
#838
$
25.00
WEEDEATER
0116
$ 50.00
HYDRAULIC STAR CUTTER
#889
$
100.00
WELDING SHIELDS (6 X 10 FRAME)
0901
$ 5.00
HYDROSTATIC TESTING UNIT HTU-500
96067
$
450.00
WET /ORYVACUUM
9458990-$
10.00
HYDROTEST EQUIPMENT& TOOLS
#887
$1,450.00
WHALERS HYDRAULIC
#1894
$ 300.00
IMPACT GUN 1"
.9819
$
25.00
WINCH IO TON(GRUNDO)
#6042
$ 300.00
IMPACT GUN 112"
#821
$
15.00
IMPACTGUN 314"
#822
$
20.00
SAFETY AND HAZMAT EQUIPMENT
Daily Rate
IMPACTWRENCH 1"
9864
$
35.00
4WAY GAS MONITOR
#921
$ 25.00
LADDER
9875
$
10.00
MULTI -GAS DETECTOR 7 PID
0914
S 105,00
LASER LEVEL
#8458
$
75.00
SUPPLIED AIR RESPERATOR KIT
#922
$ 125.00
LEAF BLOWER
#824
$
25.00
ESCAPE AIR PACK
9918
S 25.00
LIGHTSTAND
9849
$
15.00
H2S MONITOR
0920
$ 15,00
MANHOLE BLOWER WITH HOSE 8"
#840
$
43.00
HAZMAT SUIT - TYVEK
0912
$ 8.00
MANHOLE BLOWER WITH HOSE 12"
$
55.00
HAZMATTRAILER
96648
$ 20,00
PAVEMENT BREAKER /JACKHAMMER
#867
$
35.00
RESPERATOR APR- RALFIFULL MASK (CARTRIDGE INCLJ
9911
$ 5.00
PIPE BENDER S'GREENLEE
41885
$
100.00
SCBA - SELF CONTAINED
0916
$ 55.00
PIPE BENDER 2 °GREENLEE
#1886
$
100.00
SCBA CYLINDER - EXTRA
#917
$ 35.00
PIPE BENDER MACHINE 6 -20" (Plus shoes /(relght per day)
#1082
$
400.00
TRIPODWITHWINCH
9913
$ 100.00
PIPE BENDER SHOES 11082 BENDER
#1190
81165.00
WEEKLY
IWO WINCH RETRIEVAL BOOM
#471990'
$ 250.00
PIPE CUTTER - RIDGID SOIL
9885
$
15.00
P.F.D. - PERSONAL FLOTATION DEVICE
0923
$ 5.00
PIPE CUTTER LINEUP CLAMP 16' -36"
#839
$
50,00
FULL BODY HARNESS
9924
$ 5.00
PIPE CUTTER LINEUP CLAMP 8" -14"
4851
$
25.00
PIPE LOCATOR
#843
5
25.00
PIPE LOCATOR - METROTECH
#1935
$
40.00
Pays 2 N2
F'rolvA
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 officers,
agents, employees and volunteers.
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
Doty Bros. Equipment Company Page C -1
10 -23
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents 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
Doty Bros. Equipment Company Page C -2
10 -2a
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
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 sub -
consultant 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.
Doty Bros. Equipment Company Page C -3
10 -25
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 Contract, 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.
I. 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.
Doty Bros. Equipment Company Page C -4
10 -26
/_1ir_Cy:hTtl=Ii!119=
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 11th day of May, 2015 ( "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 April 30, 2018, 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;
10 -27
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;
2.1.3 The estimated number of hours and cost to complete the Services;
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 Contractors 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 Three Hundred Thousand Dollars and
00/100 ($300,000.00), without prior written amendment to the Agreement.
GCI Construction Inc. Page 2
10 -28
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement 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 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.
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
GCI Construction Inc. Page 3
10 -29
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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
GCI Construction Inc. Page 4
10 -30
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. 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
GCI Construction Inc. Page 5
10 -31
Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
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
GCI Construction Inc. Page 6
10 -32
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. 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.
17. 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, 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.
18. 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.
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 expressly authorizes in writing the release of information.
GCI Construction Inc. Page 7
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20. 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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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.
24. NOTICES
24.1 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
GCI Construction Inc. Page 8
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business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Terry Gillespie
GCI Construction Inc.
1031 Calle Recodo Suite D
San Clemente CA 92673
25. CLAIMS
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.
Contractors acceptance.of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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.
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26.2 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.
27. LABOR
27.1 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.).
27.2 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.
27.3 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.
27.4 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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.
28.3 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.
GCI Construction Inc. Page 10
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28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 Equal Opportunitv 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, age or any other impermissible basis under law.
28.11 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.
28.12 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 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATT R E 'S OFFICE
Date: 5 �
By:
Aaron C. Harp 0^'AOMI�I�c
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Edward D. Selich
Mayor
CONTRACTOR: GCI Construction Inc.,
a California corporation
Date:
Bv:
Terry Gillespie
President
Date:
By:
Janet Gillespie
Corporate Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
GCI Construction Inc. Page 12
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EXHIBIT A
SCOPE OF SERVICES
GCI Construction Inc. Page A -1
iDdc9l
SCOPE OF SERVICES
OVERVIEW OF SERVICES REQUESTED
The following is a list of the services that may be requested by the City during a
typical contract engagement for as- needed underground utility installation and repair
services.
Contractor shall furnish 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:
• Waterlines sizing from 4" to 48" in diameter
o Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos
Cement, Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes
• Services ranging from Y4" to 2" in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
o Vaults of various sizes
o Fire connections of various sizes
• Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
o Manholes
• Installation and repair of storm water system components such as:
o Storm drain piping
10 -40
o Catch basins
o Tide valves
o 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 where applicable comply
with all safety standards required by CAL -OSHA. 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 twenty four hours after initial request from the City for
underground utility services.
PROJECT ADMINISTRATION
Based on the results of this solicitation process, the City will enter into a three -year on-
call contract with the highest - qualified contractor(s). On -call contracts do not guarantee
or imply any specific quantity of work over the proposed two -year contract period. When
the need for services arises, the City shall request in writing, the necessary underground
utility installation and repair services required in adequate detail. Contractor shall then
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 detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
FLOWN]
• The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those provided in the Contractor's RFQ response. No Services shall be
provided until the City has provided written acceptance of the Letter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties in the approved Letter
Proposal.
iD39a
EXHIBIT B
SCHEDULE OF BILLING RATES
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GCI CONSTRUCTION Effective 71112014
EQUIPMENT OPERATED RATE SCHEDULE
DESCRIPTION
FOREMAN PICK UP TRUCK
21.00 HOUR
CREW TRUCK
36.00 HOUR
10 WHEELER DUMP TRUCK
85.00 HOUR
SUPER 10
95.00 HOUR
BOTTOMISEMI END DUMP
95.00 HOUR
LOW BED RATE
120.00 HOUR
SKIPLOADER
138.00 HOUR
BOBCAT
138.00 HOUR
446D BACKHOEILOADER
163.00 HOUR
555E BACKHOEILOADER
148.00 HOUR
NEW HOLLAND BACKHOE /LOADER
148.00 HOUR
936 WHEEL LOADER
158.00 HOUR
CAT 950 LOADER
158.00 HOUR
CAT 950 E LOADER
163.00 HOUR
JD 450 WITH BOARD
163.00 HOUR
CAT 307 EXCAVATOR
163.00 HOUR
CAT 313 EXCAVATOR
183.00 HOUR
CAT 325 EXCAVATOR
205.00 HOUR
CAT 321CLCR EXCAVATOR
198.00 HOUR
CAT 235D EXCAVATOR
233.00 HOUR
KOBELCO SK300 LC1V EXCAVATOR
213.00 HOUR
RING O MATIC POT HOLING MACHINE
418.00 DAY
85.00 HR
ASHPHALT ZIPPER
268.00 HOUR
Plus Teeth
ARROWBOARD
105.00 DAY
WATERTRUCK
170.00 DAY
Bare
COMPACTION WHEEL
27.00 HOUR
COMPRESSOR WIJACKHAMMER
235.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
210.00 DAY
HYDRAULIC BREAKER
50.00 HOUR
2000 LBS
LIGHT TOWER
100.00 DAY
WACKER
100.00 DAY
Zieman Trailer
20.00 HOUR
4" trash pump & hoses
100.00 day
6x16 Trench Box
85.0D day
250.00 Wk 750.00 Mo
4 x 16 Trench Box
67.00 day
170.00 Wk 505.00 Me
8 x 24 Trench Box
182.00 DAY
550.00 Wk 1630.00 Me
LABOR RATES:
REGULAR OVERTIME
DBL TIME
LABORER GRADING
60.76 80.83
100.91
LABORER SEWER
61.88 82.45
103.01
LABORER WATER
60.53 80.51
10D.48
PIPELAYER GRADING
64.28 86.12
107.95
PIPELAYER SEWER
65.49 87.86
110.23
PIPELAYER WATER
64.04 85.77
107.50
OPERATOR GRADING
82.96 111.41
139.87
OPERATOR SEWER
84.42 113.56
142.70
OPERATOR WATER
82.66 110.98
139.30
FOREMAN GRADING
85.67 115.48
140.27
FOREMAN SEWER
87.20 117.73
141.49
FOREMAN WATER
85.36 115.03
140.92
TEAMSTER GRADING
66.40 85.35
104:29
TEAMSTER SEWER
67.68 87.09
106.50
TEAMSTER WATER
66.15 85.00
103.85
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENTIMATERIAL 15%
10 -44
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 officers,
agents, employees and volunteers.
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
`nabs
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents 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
GCI Construction Inc. Page C -2
10 -46
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
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 sub -
consultant 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.
GCI Construction Inc. Page C -3
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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 Contract, 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
FrOXIM
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 11th day of May, 2015 ( "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 April 30, 2018, 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;
10 -49
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;
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. Contractors
compensation for all Services performed in accordance with this Agreement, including
all reimbursable items, shall not exceed Three Hundred Thousand Dollars and
00 /100 ($300,000.00), without prior written amendment to the Agreement.
T. E. Roberts, Inc. Page 2
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4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement 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.
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
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existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. 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 and all applicable federal, state and local laws and the industry standard.
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 Contractors 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 Contractors 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
T. E. Roberts, Inc. Page 4
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property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractors 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 Contractors 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
T. E. Roberts, Inc. Page 5
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Contractor as to the details of the performance of the Work or to exercise a measure of
control over Contractor shall mean only that Contractor shall follow the desires of City
with respect to the results of the Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PREVAILING WAGES
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
T. E. Roberts, Inc. Page 6
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labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
16. 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.
17. 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, 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.
18. 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.
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 expressly authorizes in writing the release of information.
T. E. Roberts, Inc. Page 7
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20. 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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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.
24. NOTICES
24.1 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
T. E. Roberts, Inc. Page 8
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business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 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 Ave, Unit B
Orange CA 92867
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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.
T. E. Roberts, Inc. Page 9
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26.2 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.
27. LABOR
27.1 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.).
27.2 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.
27.3 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.
27.4 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.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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.
28.3 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.
T. E. Roberts, Inc. Page 10
PGff -M
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 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, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 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.
28.12 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 11
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT R E 'S OFFICE
Date: i M
By: ` VU
Aaron C. Harp CAM 'M l Sol is
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Edward D Selich
Mayor
CONTRACTOR: T.
California corporation
Date:
By:
Tim Roberts
President
By:
Luke Roberts
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
E. Roberts, Inc., a
T. E. Roberts, Inc. Page 12
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EXHIBIT A
SCOPE OF SERVICES
T. E. Roberts, Inc. Page A -1
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SCOPE OF SERVICES
OVERVIEW OF SERVICES REQUESTED
The following is a list of the services that may be requested by the City during a
typical contract engagement for as- needed underground utility installation and repair
services.
Contractor shall furnish 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:
• Waterlines sizing from 4" to 48" in diameter
o Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos
Cement, Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes
• Services ranging from %" to 2" in diameter
o Meters and boxes of various sizes
o Backflow devices of various sizes
o Pressure reducing, sustaining, relieving valves of various sizes
o Vaults of various sizes
o Fire connections of various sizes
• Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
• Manholes
• Installation and repair of storm water system components such as:
o Storm drain piping
PGdi'a
o Catch basins
o Tide valves
o 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 where applicable comply
with all safety standards required by CAL -OSHA. 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 twenty four hours after initial request from the City for
underground utility services.
PROJECT ADMINISTRATION
Based on the results of this solicitation process, the City will enter into a three -year on-
call contract with the highest - qualified contractor(s). On -call contracts do not guarantee
or imply any specific quantity of work over the proposed two -year contract period. When
the need for services arises, the City shall request in writing, the necessary underground
utility installation and repair services required in adequate detail. Contractor shall then
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 detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
10 -63
• The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs proposed are
commensurate with those provided in the Contractor's RFQ response. No Services shall be
provided until the City has provided written acceptance of the Letter Proposal. Once
authorized to proceed, Contractor shall diligently perform the duties in the approved Letter
Proposal.
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EXHIBIT B
SCHEDULE OF BILLING RATES
T. E. Roberts, Inc. Page B -1
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P
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Roberts
INCORPORATED
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PROPOSAL
T.E. Roberts, Inc
2/26/15
Proposed two-year ore-Call Rates for the City of Newport Beads
As- Needed Underground Utility Installation and Repair Services
President- Timothy Roberts
Superintendents - Justin Roberts. Bob Hartwell. Ed Perez
Proiru:t Manager-aill Kutlesa
T.E. Roberts, Inc. proposes to provide On -Call Services for:
Water System Installation and Reppirs
Wastewater System Component Installation and Repairs
' Storm Water System Component Installation and Repairs
The above work may encompass excavation, pavement cuts, minor
grading, disposal and hauling of spoils and excess materials,
backfill and compaction, asphalt repair work and welding repair work.
Due to the unknown nature of future seryicts required, rest aswmd
every job will be completed efficiently, safely, and with the quality
of workmanship that T.E. Roberts, Inc Is known for which will
meet or exceed City standards.
A 74 hour Imergency Contact List with home and all phone numbers of key personnel
will be provided to the City upon award of contract.
Upon no06rabon, T.E. Roberts, Inc will Immediately report to an
emergency site within one hour to assess the scope of work.
A ucw will m0hilire within four to eight hours with appropriate personnel,
equipment and materials to begin repair work.
Our extensive flect of equipment and personnel allows us to mobilize quickly
to perform a wide array of services to efficiently complete projects.
We have established lines of credit with reputable local suppliers who can provide
quality materials 24/7.
As an experienced underground conlracror we will perform and provide quality
service, materials, and invoicing in a timely and professlonal manner.
T.E. Roberts, Inc is committed to providing quality pipeline services with on -lime
and on budget project completions.
Our high standards combined with the latest technology In pipeline construction
allow us to deliver what our customers need when they need R.
Our president Tim Roberts, is personally involved with daily operations and is
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Hourly
Straight
Time Rates
Hourly Rates
LABOR
EQUIPMENT
Superintendent
5350.00
Urge Excavator
5110.00
Project Manager
$97.50
Medium Excavator
5300.00
Foreman /Operating Collin
$125.00
Small Excavator
Sg0.00
roremanAaboner
$110.00
Back Hoc
542 -00
Operating Engineer
$102.00
Air Compressor
$20.00
Laborer
$7$.00
Dump Truck /Super 10
545.00
Pipe Layer
579.00
Pickup Truck or Van
S25A0
welder
585.00
Crew Truck
$30.00
Teamster
$82.00
rtatbed Truck
$25.00
Bed Trailer
545.10
SUBCONTRACTORS
cost PIus10%
Truck and Pup
575.00
Structures Unlimited- concrete structures
Water Truck
$3S.OD
Penhall- sawoming, concrete breaking
Sweeper
$72.00
Wheel Loader
$55.00
Materials
cost plus IS%
Skip leader
540.00
Bands
LS %of total
Skid Steer
540.00
Asphalt Zipper
$80.00
A 74 hour Imergency Contact List with home and all phone numbers of key personnel
will be provided to the City upon award of contract.
Upon no06rabon, T.E. Roberts, Inc will Immediately report to an
emergency site within one hour to assess the scope of work.
A ucw will m0hilire within four to eight hours with appropriate personnel,
equipment and materials to begin repair work.
Our extensive flect of equipment and personnel allows us to mobilize quickly
to perform a wide array of services to efficiently complete projects.
We have established lines of credit with reputable local suppliers who can provide
quality materials 24/7.
As an experienced underground conlracror we will perform and provide quality
service, materials, and invoicing in a timely and professlonal manner.
T.E. Roberts, Inc is committed to providing quality pipeline services with on -lime
and on budget project completions.
Our high standards combined with the latest technology In pipeline construction
allow us to deliver what our customers need when they need R.
Our president Tim Roberts, is personally involved with daily operations and is
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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 officers,
agents, employees and volunteers.
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
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vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
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 elected or appointed officers, agents, officials, employees
and volunteers 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City and its officers, officials, employees, and agents 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
T. E. Roberts, Inc. Page C -2
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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
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 sub -
consultant 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.
T. E. Roberts, Inc. Page C -3
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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 Contract, 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.
I. 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
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