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HomeMy WebLinkAboutC-4695(B) - On-Call RSA for Underground Utility Repair ServicesMe, AMENDMENT NO. ONE TO ON-CALL REPAIR SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS AMENDMENT NO. ONE TO ON-CALL REPAIR SERVICES AGREEMENT ("Amendment No. One") is made and entered into as of this 19th day of March, 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 ("Consultant"), whose address is 1031 Calle Recodo, Suite D, San Clemente, California 92673, and is made with reference to the following: RECITALS A. On April 9, 2013, City and Consultant entered into an On -Call Repair Services Agreement ("Agreement") to perform on-call underground utility installation and repair services ("Project"). B. City desires to enter into this Amendment No. One to increase the total compensation due to emergency Work performed by Consultant. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. COMPENSATION TO CONSULTANT Section 4.1 of the Agreement is amended in its entirety and replaced with the following: "City shall pay Consultant for the Services on a time and expense not -to - exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Two Hundred Fifty Thousand Dollars and 00/100 ($250,000.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City." The total amended compensation reflects Consultant's additional compensation for emergency Work performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Fifty Thousand Dollars and 00/100 ($50,000.00). 2. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. [SIGNATURES ON NEXT PAGE] GCI CONSTRUCTION, INC. Page 1 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date:— Aaron C. Harp City Attorney CITY OF NEWPORT BEACH, a California municipal corporation Date: By: Dave Ki City Manager ATTEST: CONSULTANT: GCI CONSTRUCTION, Date: INC., a California corporation Date: L/ - 3 - I< By:AI'll By: Leilani I. Brown Terry dilregi4ie City Clerk President NEWPd Date:Di�l B + 1 �n J t Gillespie Corporate Secretary <e�oRN�P [END OF SIGNATURES] GCI CONSTRUCTION, INC. Page 2 r-0, ON-CALL REPAIR SERVICES AGREEMENT U� WITH GCI CONSTRUCTION, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL REPAIR SERV S AGREEMENT ("Agreement") is made and entered into as of this U day ofd ,')1013 ("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 principal place of business is 245 Fischer Ave., Suite B-3, Costa Mesa, CA 92626 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 underground utility installation and repair services ("Project"). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 March 31, 2015, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall provide "On -Call" services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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 and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 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. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 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 Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all GCI Construction, Inc. Page 2 Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Terry D. Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement shall be administered by the Municipal Operations Department. The Utilities General Manager, or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform GCI Construction, Inc. Page 3 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. 7.3 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. 7.4 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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 the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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). GCI Construction, Inc. Page 4 8.4 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 attorney's 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 the Contractor. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the 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 express 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11, CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. GCI Construction, Inc. Page 5 12. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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 GCI Construction, Inc. Page 6 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 17. CONFIDENTIALITY All Documents, including drafts, 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. 18. 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. 19. 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. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 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 GCI Construction, Inc. Page 7 City for any and all claims for damages resulting from Contractor's violation of this Section. 22. NOTICES 22.1 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, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations Department City of Newport Beach 949 W. 16th Street PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3401 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Terry D. Gillespie GCI Construction, Inc. 245 Fischer Ave., Suite B-3 Costa Mesa, CA 92626 Phone: 714-857-0233 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1 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 GCI Construction, Inc. Page 8 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) 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 materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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 ("FLSK) (29 USCA § 201, et seq.). 25.2 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. 25.3 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. 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 GCI Construction, Inc. Page 9 herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shalt govern. 26.5 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. 26.6 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. 26.7 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. 26.8 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. 26.9 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. 26.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.11 Counterparts. This Agreement may be executed in two 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 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATT RN Y'S OFFICE Date: 3 3 Aar&.nX. Harp O City Attorney ATTEST: � I V I Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California munic�pal corpor tion Date: d� By: _ Keith D. Curry Mayor CONTRACTOR: GCI Construction, Inc., a California corporation Date: By: Ter Gil spie President Date: _ r y [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements GCI Construction, Inc. Page 11 EXHIBIT A SCOPE OF WORK 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 6" to 48" in diameter o Valves of various types and sizes o Services ranging from 3/" 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: o Force mains sizing from 4" to 12" in diameter o Laterals of various sizes o Clean -outs o Grease interceptors o Collection system mainlines o Vaults/wet wells o Valves of various sizes o Manholes • Installation and repair of storm water system components such as: o Storm drain piping 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 of roadways • Install and relocate SCE facilities GCI Construction, Inc. Page A-1 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 of 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. • Final Work shall be approved by the City's Public Works Department as to the City design specifications and plans on file for the specific location where the Work is performed. • Provide callback within twenty four hours after initial request from the City for underground utility services. GCI Construction, Inc. Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES GCI Construction, Inc. Page B-1 General Enaineoring Contractor Uc. No, 755355 GCI CONSTRUCTION Effective 71112012 EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 21.00 HOUR CREY! TRUCK 36.00 HOUR 10 WHEELER DUMP TRUCK 82.00 HOUR SUPERIO 88.00 HOUR BOTTOMiSEMI END DUMP 93.00 HOUR LOW BED RATE 11200 HOUR SKIPLOADER 127.00 HOUR BOBCAT 127.00 HOUR 4460 BACKHOEfLOADER 1$200 HOUR 555E BACKHOEJLOADER 137.00 HOUR NEW HOLLAND BACKHOEILOADER 137,00 HOUR 936 WHEEL LOADER 147.00 HOUR GAT 950 LOADER 141.00 HOUR CAT 950 E LOADER 15200 HOUR JD 450 WITH BOARD 15200 HOUR CAT 307 EXCAVATOR 152.00 HOUR CAT313EXCAVATOR 17200 HOUR CAT 325 EXCAVATOR 194.00 HOUR CAT 321CLCR EXCAVATOR 187.00 HOUR CAT 235D EXCAVATOR 22200 HOUR KOBELCO SK300 LC1V EXCAVATOR 20200 HOUR RING O MATIC POTHOLING MACHINE 410.00 DAY 8200 HR ASHPHALTZIPPER 260-00 HOUR Plus Teeth ARROWBOARO 105.00 DAY WATER TRUCK IT0.00 DAY Sam COMPACTION WHEEL 27,00 HOUR COMPRESSOR WIJACKHAMMER 23$•00 DAY 2000 MULTIQUIP TOWABLE GENERATOR 210-00 DAY HYDRAULIC BREAKER 50.00 HOUR 2900 LBS LIGHT TOWER 100.00 DAY WACKER 100.00 DAY Maman Trailer 20-00 HOUR 4- trash (Rump 8. hoses 100.00 day 8x18 Trench Box 85.00 day 250.00 Wk 750.00 Mo 4 x 18 Trench Box 57.00 day 170.00 VA $05.00 Mo 8 x 24 Trench Bax 182.00 DAY 550.00 Wk 1630.00 Mo LABOR RATES: REGULAR OVERTIME DBL TIME LABORER GRADING 57.02 75.66 94.31 LA80RERSEWER 69.24 78.83 98.41 LABORER WATER 58.03 11.10 96.17 PIPELAYER GRADING 60.$4 80.94 101.34 PIPELAYER SEWER 62.94 $4.37 105.80 PIPELAYER WATER 61.63 62.50 103.37 OPERATOR GRADING 77,79 104.88 131.92 OPERATOR SEWER 78.33 105.65 132.98 OPERATOR WATER 79.08 105.28 132.48 FOREMAN GRADING 80.48 108.89 131.30 FOREMAN SEWER BIAS 109.72 138.40 FOREMAN WATER 80.78 109.33 137.88 245 Ave, S u13. Cc ,la Mase, C ,.,, rola 2530 • (714) t-57-0233 • Fax (714, 5-'0-1448 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements, 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 and two million dollars ($2,000,000) completed operations 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: GCI Construction, Inc. Page C-1 1.4.1 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 subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile Liability, but not including professional 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limitinq. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, GCI Construction, Inc. Page C-2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 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-3 CERTIFICATE OF LIABILITY INSURANCE D0 312 812 0 1 3 03!28/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Phone: 855-403-9800 NAME: JeremySeltzer Compass Direct Ins Svc, InFax: 714-665-9801 13681 Newport Ave., Ste 8 #622 Tustin, CA 92780 PHONE 714-665-9800 FAX 0 ac No :7I4-665-9801 EMAIL DDRES ADDRESS cdisi.comFKUUu Compass Direct Ins. Sam. Inc. eRJeremy CUSTOMER ID #: GCICCI INSURERS AFFORDING COVERAGE MAIC # INSURED GCI Construction Inc INSURER A: Great American Assurance Co. 26344 245 Fischer Ave., Ste 63 Costa Mesa, CA 92626 INSURER R: Wesco Insurance Co. 25011 Security National Ins Co.INSURER C: G 19979 X INSURER D: American Zurich Insurance Co. NSURER E : 0410112013 INSURER F MED EXP (Any one person) $ Exclude COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR LTR TYPE OF INSURANCE ADDL INSR SUB M POLICY NUMBER POLICY Err (MMPDDNYYYJ POLICY P fMMAD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 PREMISES Ea occurrence $ 50,00 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE IXI OCCUR X X GLP4647859 0410112013 04/01/2014 MED EXP (Any one person) $ Exclude PERSONAL B ADV INJURY $ 1,000,00 X Owner's/Cont. Pro X XCUIDaductlhle GENERALAGGREGATE $ 2,000,00 $5,000 GENL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOPAGG $ 2,000,00 POLICY [_X] PRa Loc Emp. Ben. $ 1,000,00 B AUTOMOBILE LIABILITY ANY AUTO X X WPPt06607T 01 04/01/2013 04!01/2014 COMBINED SINGLE LIMIT $ 1,000,00 (Ea accitlent)BODILY INJURY (Per person) $ JX ALL OWNEDAUTOS SCHEDULEDAUTOS NO LIABILITY DEDUCTIBLE BODILY INJURY(Per accident) $ PROPERTY DAMAGEHIREDAUTOS (Per accitlent) $ NON -OWNED AUTOS Comp/Coll Ded $1000 $ X UMBRELLA LIAB X OCCUREACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 A EXCESS LIAR CLAIMS,MADE X X UMB4647862 04/01/2013 04/01/2014 DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER(EXECUTIVE OFFICERIMEMBEREXCWDED? (Mandatory in NH) NIA X SWC1020466 03/17/2013 03/17/2014 X I TWO STATU- OTH- TORY LIMITS R E.L. EACH ACCIDENT $ 1,000,00 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 R yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,000,00 B IM-EgpJLesd.Hrd�R WPPI05507701 04/01/2013 04/01/2014 Sch/Per 641k/150 DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Certificate holder and its elected or appointed officers, agents, officials, employees, and volunteers are named as additional insured as per attached endorsements, with respects to the work performed by the insured as per contract. City of Newport Beach 949 West 16th Street Newport Beach, CA 92658 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Compass Direct Ins. Serv. Inc. Jeremy © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Great American Assurance Company GCI Construction, Inc. Policy # GLP4647859 CG zo sa (Ed. 07 04) Effective: 04/01/13 - 04/01/14 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an Additional In- sured on your policy. Such person or or- ganization is an Additional Insured only with respect to liability for "bodily injury," "prop- erty damage" or "personal and advertising in- jury" caused, in whole or in part, by: 1. your acts or omissions; or 2. the acts or omissions of those acting on your behalf; in the performance of your ongoing oper- ations for the Additional Insured. A person's or organization's status as an Ad- ditional Insured under this endorsement ends when your operations for that Additional In- sured are completed. B. With respect to the insurance afforded to these Additional Insureds, the following addi- tional exclusions apply: This insurance does not apply to: 1. 'Bodily injury," "property damage" or "per- sonal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. the preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or draw- ings and specifications; or b. supervisory, inspection, architectural or engineering activities. 2. 'Bodily injury," or 'property damage" oc- curring after: a. all work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the Additional Insured(s) at the location of the covered operations has been completed; or b. that portion of "your work' out of which the injury or damage arises has been put to its intended use by any person or organization other than an- other contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. Copyright, ISO Properties, Inc., 2004 CG 20 33 (Ed. 07/04) XS Insured: GCI Construction, Inc. Policy 9 GLP4647859 Policy Period: 04/01/2013 - 04/01/2014 CG 20 37 (Ed. 07 04) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Name Of Additional Insured Person(s) or Organization(s): Any person or organization that "you" and such person or organiza- tion have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on "your" policy, but only for "your work" performed during this policy period. Schedule Location and Description of Completed Operations: Per Certificate(s) of Insurance "Your work" performed during this policy period. Additional Premium: Included Information required to complete this Schedule, if not shown above, will be shown in the Declarations. SECTION II - WHO IS AN INSURED is amended to include as an Additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work' at the location designated and described in the schedule of this endorsement performed for that Additional Insured and included in the "products -completed operations hazard." Copyright, ISO Properties, Inc., 2004 CG 20 37 (Ed. 07/04) PRO (Page 1 of 1) Insured: GCI Construction, Inc. Policy # GLP4647859 Policy Period: 04101(2013 - 04(0112014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, PRIMARY NON-CONTRIBUTORY INSURANCE ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE FORM GAC 3649CG (Ed. 11 06) This insurance is primary to any other insurance held by third parties with respect to work performed by you under written contractual agreements with such third parties and any other insurance which may be available to such third parties shall be non—contributory. GAC 3649CG (Ed. 11/06) XS Insured: GCI Construction, Inc. CG 24 04 Policy # GLP4647859 (Ed. 05 09) Policy Period: 04/01/2013 - 04/01/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART Schedule IName of Person or Organization: Any person or organization for whom or on whose behalf "you" are performing operations when "you" and such person or organization have agreed in writing in a contract or agreement to waive any right of recovery "we" may have against such person or organization. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. I The following is added to paragraph 8. Transfer of Rights of Recovery Against Others to Us of SECTION IV - CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard." This waiver applies only to the person or organization shown in the Schedule above. Copyright, ISO Properties, Inc., 2008 CG 24 04 (Ed. 05/091 PRO (Page 1 of 1) Insured: GCI Construction, Inc. Policy # GLP4647859 Policy Period: 04/01/2013 - 04/01/2014 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Projects: CG 25 03 (Ed. 03 97) Any construction project where "you" are performing operations when "you" have agreed in writing in a contract or agreement that a separate General Aggregate Limit shall apply to such construction project, but only if "your work" on or at the construction project is performed during the period of this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences' under COVERAGE A. (SECTION I), and for all medical expenses caused by accidents under COVERAGE C. (SECTION 1), which can be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A. except damages because of "bodily injury" or "property damage' included in the "products—completed operations hazard," and for medical expenses under Coverage C. regardless of the number of: a. Insureds; b. claims made or "suits" brought; or c. persons or organizations making claims or bringing "suits." Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03/97) PRO (Page 1 of 2) 3. Any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the Schedule above. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit, R. For all sums which the Insured becomes legally obligated to pay as damages caused by "occurrences" under COVERAGE A. (SECTION 1), and for all medical expenses caused by accidents under COVERAGE C. (SECTION 1), which cannot be attributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. any payments made under Coverage A. for damages or under Coverage C. for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products—Completed Operations Aggregate Limit, whichever is applicable; and 2. such payments shall not reduce any Designated Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products—completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage' included in the "products—completed operations hazard" will reduce the Products—Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. D. if the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of LIMITS OF INSURANCE (SECTION 111) not otherwise modified by this endorsement shall continue to apply as stipulated. Copyright, Insurance Services Office, Inc., 1996 CG 25 03 (Ed. 03197) PRO (Page 2 of 2) POLICY NUMBER: WPP1055077 00 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless mod- ified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 4/01/2013 Countersigned By: /tom /} Authorized Representative) Named Insured: GCI Construction, Inc. SCHEDULE Name of Person(s) or Organization(s): Blanket as required by written contract. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 POLICY NUMBER: WPP1055077 01 COMMERCIAL AUTO CA 04 44 03 10 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: GCI Construction, Inc. Endorsement Effective Date: 04/01/2013 SCHEDULE Name(s) Of Person(s) Or Organization (s): Blanket as required by written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident' or the 'loss" under a contract with that person or organization. CA 04 44 03 10 0 Insurance Services Office, Inc., 2009 Page 1 of 1 0 COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY I WC 04 03 (Ed. 41 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2.00% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Any person or organization as required by written contract Blanket as required by written contract This endorsement changes the policy to which it is attached and is effective on the date issued unless otherNise stated. .Endorsement Effective 3(1712013 Polloy No. SWC1020466 .. Endorsement Na WC 040306 Insured GCI Construction, Inc. Premium $ Insurance Company Secunty National Insurance Company Countersigned by a �` � SEW Poor CITY OF NEWPORT REACH! Mo City Council Staff Report Agenda Item No. 8 April 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Director 949-644-3055, mharmon@newportbeachca.gov PREPARED BY: George Murdoch, Utilities General Manager APPROVED: ,i, A TITLE: Approval of On -Call Repair Services Agreements For Underground Utility Installation And Repair Services The City utilizes on-call contractors to perform underground utility installation and repairs. The existing on-call agreements have expired. Staff sent out a Request For Proposal (RFP) to fourteen (14) qualified firms seeking proposals. Due to the urgency of response, staff is requesting more than one on-call contractor in the event another is unavailable. Staff is requesting approval to enter into three (3) separate agreements with the top rated firms. RECOMMENDATION: 1. 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 execute the agreement. 2. Approve an on-call repair services agreement with Mike Kilbride, Ltd„ for underground utility installation and repair services and authorize the Mayor and City Clerk to execute the agreement. 3. Approve an on-call repair services agreement with Steve Bubalo, Construction Co, Inc., for underground utility installation and repair services and authorize the Mayor and City Clerk to execute the agreement. Approval of On -Call Repair Services Agreements For Underground Utility Installation And Repair Services April 9, 2013 Page 2 FUNDING REQUIREMENTS: The current adopted budget provides sufficient funding for the typical installation and 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 collection mains and laterals, and 96 miles of storm drain pipeline. Additionally, staff maintains various pump stations, water pressure regulating 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 does not have. An RFP was released to the public and sent to fourteen (14) known firms in November 2012. A total of five (5) proposals were received and were subsequently evaluated by a selection panel on the basis of qualifications, availability, experience, understanding of the services, operational methodology and proposed project costs. Due to the immediate need for utility repair services in emergency situations, contractor availability is a high priority. 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 is dependent upon workers and equipment available at the time; and 2) proposal cost. Approval of On -Call Repair Services Agreements For Underground Utility Installation And Repair Services April 9, 2013 Page 3 :1►191!T*1i<� k _,:7�IT�►��F. Staff recommends the City Council find this project exempt from the California Environmental Quality Act ("CEQA") pursuant to Section 15301 (existing facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 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). Submitted by: Mark Harmon Director Attachments: A. On -Call Repair Services Agreement with GCI Construction, Inc. B. On -Call Repair Services Agreement with Mike Kilbride Ltd. C. On -Call Repair Services Agreement with Steve Bubalo Construction Co., Inc. Attachment A On-call repair services agreement with GCI Construction, Inc. for underground utility installation and repair services ON-CALL REPAIR SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this day of March, 2013 ("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 principal place of business is 245 Fischer Ave., Suite B-3, Costa Mesa, CA 92626 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 underground utility installation and repair services ('Project'). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 March 31, 2015, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall provide "On -Call' services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work'). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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 and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 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. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 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 Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all GCI Construction, Inc. Page 2 Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Terry D. Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement shall be administered by the Municipal Operations Department. The Utilities General Manager, or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform GCI Construction, Inc. Page 3 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. 7.3 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. 7.4 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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 the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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). GCI Construction, Inc. Page 4 8.4 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 attorney's 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 the Contractor. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the 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 express 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. GCI Construction, Inc. Page 5 12. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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 GCI Construction, Inc. Page 6 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 17. CONFIDENTIALITY All Documents, including drafts, 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. 18. 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. 19. 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. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 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 GCI Construction, Inc. Page 7 City for any and all claims for damages resulting from Contractor's violation of this Section. 22. NOTICES 22.1 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, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations Department City of Newport Beach 949 W. 16th Street PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3401 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Terry D. Gillespie GCI Construction, Inc. 245 Fischer Ave., Suite B-3 Costa Mesa, CA 92626 Phone: 714-857-0233 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1 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 GCI Construction, Inc. Page 8 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) 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 materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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.). 25.2 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. 25.3 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. 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its. City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 GCI Construction, Inc. Page 9 herein. No verbal Contract or 'implied covenant shall be held to vary the provisions herein. 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 26.5 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. 26.6 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. 26.7 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. 26.8 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. 26.9 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. 26.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.11 Counterparts. This Agreement may be executed in two 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 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE <�� P / Aar64-6. Harp City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation By: Keith D. Curry Mayor CONTRACTOR: GCI Construction, Inc., a California corporation By: Terry Gillespie President Date: By: Floyd Bennett Secretary/Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements GCI Construction, Inc. Page 11 EXHIBIT A SCOPE OF WORK 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 6" to 48" in diameter o Valves of various types and sizes o 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: o Force mains sizing from 4" to 12" in diameter o Laterals of various sizes o Clean -outs o Grease interceptors o Collection system mainlines o Vaults/wet wells o Valves of various sizes o Manholes Installation and repair of storm water system components such as: o Storm drain piping 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 of roadways • Install and relocate SCE facilities GCI Construction, Inc. Page A-1 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 of 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. • Final Work shall be approved by the City's Public Works Department as to the City design specifications and plans on file for the specific location where the Work is performed. • Provide callback within twenty four hours after initial request from the City for underground utility services. GCI Construction; Inc. Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES GCI Construction, Inc. Page B-1 t® GC1 FOREMAN PICK UP TRUCK 21.00 HOUR. CREW TRUCK r=.0 iASTR7JCTIG1i,1, ` ACo. General Engineering C ontrc�tor Lic. No. 7553; n GCI CONSTRUCTION Effective 711/2012 EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 21.00 HOUR. CREW TRUCK 36.00 HOUR 10 WHEELER DUMP TRUCK 82.00 HOUR SUPERIO 88.00 HOUR BDTTOMISEMI END DUMP93.00 HOUR LOW BED RATE. 112.00 HOUR SKIPLOADER 127.00 HOUR BOBCAT 127.00 HOUR 446D BACKHOEILOADER 152.00 HOUR 555E BACKHOEILOADER 117.00 HOUR .NEW HOLLAND SACKHOEtLOADER 137.00 HOUR 936 WHEELLOADER 147.00 HOUR CAT 950 LOADER 147.00 HOUR GAT 950 E LOADER 1.52.00 HOUR JD 450 WITH BOARD 152.00 HOUR CAT 307 EXCAVATOR 152.00 .HOUR CAT 313 EXCAVATOR 172.00 HOUR 'CAT 725 EXCAVATOR 194.00 HOUR CAT 321CLCR.EXCAVATOR 187.00 HOUR CAT 236D EXCAVATOR 222.00 HOUR KOBELCO SK300 LC1V EXCAVATOR 202.00 HOUR RING O FAATIC POT HOLING MACHINE 410.00 DAY 82.00 HR AS HPHALT ZIPPER 260.00 HOUR Plus Teeth ARROWBOARD 105.00 DAY WATER TRUCK 170.00 DAY Bare COMPACTION WHEEL 27.00 HOUR COMPRESSOR WfJACKHA7hMER 215.0. DAY 2000 MULTIOUIP TOWABLE GENERATOR 210.00 DAY HYDRAULIC BREAKER 50.00 HOUR 2000 LBS LIGHTTOWER 1.00.00 DAY WACKER 100.00 DAY Ziaman Trailer 20.0 HOUR 4" trash pump & hoses 100.00 day 6x16 Trench Bax 85.00 day 250.00Wk 750.00 Mo 4 x 16Trench Box 57.00 day 170.00 Wk 505.00 Mo 8 x.24 Trench Boz 182.00 DAY 550.0 Wk 1630.00 Me LABOR RATES: REGULAR OVERTIME DBL TIME LABORER GRADING .57.02 75.66 94.31 LABORERSEWER 59.24 78.83 98.41 LABORER WATER58.00 77.10 96.17 PIPELAYER GRADING 60.54 80.94 101.34 PIPELAYER SEWER 62.94 64.37 105.80 PIPELAYER WATER 61,63 81.50 103,17 OPERATOR GRADING 77.79 104.00 131.92 OPERATOR SEWER 78.37 10$.65 132.98 OPERATOR.. WATER 78.08 105.28 132.48 FOREMAN GRADING 80.48 108.69 117.30 FOREMAN SEWER 81.05 109.72 198.40 FOREMAN WATER 80.78 109.33 137.88 277 Fischer Avenue), Ste 3.3. {.Lout Mesa, Calif-yi-'sar02626 • (71 40) 957-0-2,;3-, - t 5'J-1 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 and two million dollars ($2,000,000) completed operations 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Contractor shallmaintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. endorsed to contain, the following provisions: GCI Construction, Inc. The policies are to contain, or be Page C-1 1.4.1 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 subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the ,part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, GCI Construction, Inc. Page C-2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 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-3 Attachment B On-call repair services agreement with Mike Kilbride, Ltd. for underground utility installation and repair services ON-CALL REPAIR SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this day of March, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MIKE KILBRIDE, LTD., a California corporation ("Contractor"), whose principal place of business is P.O. Box 3341, Newport Beach, CA 92659 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 underground utility installation and repair services ('Project'). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 March 31, 2015, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall provide "On -Call' services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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 and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 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. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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. ! 016 92V&YULOP► 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 Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Mike Kilbride, Ltd. Page 2 Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, ",Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. F�:1:19111x09k4I_1►F-1w4 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 Mike Kilbride to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this 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. The Utilities General Manager, or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement.. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform Mike Kilbride, Ltd. Page 3 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. 7.3 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. 7.4 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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 the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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). Mike Kilbride, Ltd. Page 4 8.4 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 attorney's 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 the Contractor. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the 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 express 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. Mike Kilbride, Ltd. Page 5 12. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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. 14. 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. iF 100 The The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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 Mike Kilbride, Ltd. Page 6 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. All Documents, including drafts, 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. 18. 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. 19. 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. 20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 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 Mike Kilbride, Ltd. Page 7 City for any and all claims for damages resulting from Contractor's violation of this Section. 22. NOTICES 22.1 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, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations City of Newport Beach 949 W. 16th St. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3401 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: Mike Kilbride Mike Kilbride, Ltd. P.O. Box 3341 Newport Beach, CA 92659 Phone: 949-548-0106 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.) 24. TERMINATION 24.1 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 Mike Kilbride, Ltd. Page 8 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) 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 materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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.). 25.2 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. 25.3 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. 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 Mike Kilbride, Ltd. Page 9 herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 26.5 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. 26.6 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. 26.7 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. 26.8 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. 26.9 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. 26.10 No Attorneys Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.11 Counterparts. This Agreement may be executed in two 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] Mike Kilbride, Ltd. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: By: AaYen C. Harp City Attorney ATTEST: M Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Bv: Keith D. Curry Mayor CONTRACTOR: Mike California corporation Date: Bv: Mike Kilbride President Date: By: Mike Kilbride Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements Kilbride, Ltd., a Mike Kilbride, Ltd. Page 11 EXHIBIT A SCOPE OF WORK 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 6" to 48" in diameter o Valves of various types and sizes o 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: o Force mains sizing from 4" to 12" in diameter o Laterals of various sizes o Clean -outs o Grease interceptors o Collection system mainlines o Vaults/wet wells o Valves of various sizes o Manholes • Installation and repair of storm water system components such as: o Storm drain piping 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 of roadways • Install and relocate SCE facilities Mike Kilbride, Ltd. Page A-1 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 of 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. Final Work shall be approved by the City's Public Works Department as to the City design specifications and plans on file for the specific location where the Work is performed. Provide callback within twenty four hours after initial request from the City for underground utility services.. Mike Kilbride, Ltd. Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES Regular Hourly Rates: Pipfitter $90 Helper/Laborer $60 Backhoe $140 Backhoe w/ breaker $180 Bobcat/ Loader $140 Dump Truck $120 Material/Dump fees Cost + 20% Hourly rates carry a four (4) hour minimum. Overtime rate of one and a half (1.5) times the hourly rate is in effect for hours greater than eight (8) hours worked in any one day on a Monday through Friday. The overtime rate of one and a half (1.5) times the hourly rate is also in effect for the first eight (8) hours worked on a Saturday. The overtime rate of two (2) times the hourly rate is in effect for any hours worked in excess of eight (8) hours on a Saturday, as well as the first eight (8) hours worked on Sunday. Any hours worked on a Sunday in excess of eight (8) hours shall be billed at three (3) times the hourly rate. Mike Kilbride, Ltd. Page B-1 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 and two million dollars ($2,000,000) completed operations 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. endorsed to contain, the following provisions: Mike Kilbride, Ltd. The policies are to contain, or be Page C-1 1.4.1 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 subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Mike Kilbride, Ltd. Page C-2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand, 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 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. Mike Kilbride, Ltd. Page C-3 Attachment C On-call repair services agreement with Steve Bubalo Construction CO.; Inc. for underground utility installation and repair services ON-CALL REPAIR SERVICES AGREEMENT WITH STEVE BUBALO CONSTRUCTION CO., INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this day of March, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STEVE BUBALO CONSTRUCTION CO., INC., a California corporation ("Contractor"), whose principal place of business is 128 E. Live Oak Ave, Monrovia, CA 91016 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 underground utility installation and repair services ('Project'). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 March 31, 2015, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall provide "On -Call' services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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 and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 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. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 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 Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Steve Bubalo Construction Co., Inc. Page 2 Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 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 John Schiller to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this 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. The Utilities General Manager, or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform Steve Bubalo Construction Co., Inc. Page 3 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. 7.3 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. 7.4 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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 the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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). Steve Bubalo Construction Co., Inc. Page 4 8.4 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 attorney's 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 the Contractor. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the 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 express 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. Steve Bubalo Construction Co., Inc. Page 5 12. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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 Steve Bubalo Construction Co., Inc. Page 6 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 17. CONFIDENTIALITY All Documents, including drafts, 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. 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. 19. 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. r'Zi�i7i�'K�T[tl:y iit�7�irill��]'I�]ii:1�t�i�I►��7iC�[�1:�? City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 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 Steve Bubalo Construction Co., Inc. Page 7 City for any and all claims for damages resulting from Contractor's violation of this Section. 01 IQ 9141 ZK 22.1 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, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations Department City of Newport Beach 949 W. 161h St. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3401 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: John Schiller Steve Bubalo Construction Co., Inc. 128 E. Live Oak Ave. Monrovia, CA 91016 Phone: 626-574-7570 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1 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 Steve Bubalo Construction Co., Inc. Page 8 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) 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 materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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.). 25.2 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. 25.3 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. 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 Steve Bubalo Construction Co., Inc. Page 9 herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 26.5 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. 26.6 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. 26.7 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. 26.8 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. 26.9 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. 26.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.11 Counterparts. This Agreement may be executed in two 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] Steve Bubalo Construction Co., Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 311V13 A&G,K C. Harp City Attorney ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Bv: Keith D. Curry Mayor CONTRACTOR: Steve Bubalo Construction Co., Inc., a California corporation Date: By: John C. Schiller President and General Manager By: Louise Bubalo Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements Steve Bubalo Construction Co., Inc. Page 11 EXHIBIT A SCOPE OF WORK 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 6" to 48" in diameter o Valves of various types and sizes o 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: o Force mains sizing from 4" to 12" in diameter o Laterals of various sizes o Clean -outs o Grease interceptors o Collection system mainlines o Vaults/wet wells o Valves of various sizes o Manholes • Installation and repair of storm water system components such as: o Storm drain piping 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 of roadways • Install and relocate SCE facilities Steve Bubalo Construction Co., Inc. Page A-1 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 of 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. • Final Work shall be approved by the City's Public Works Department as to the City design specifications and plans on file for the specific location where the Work is performed. • Provide callback within twenty four hours after initial request from the City for underground utility services. Steve Bubalo Construction Co., Inc. Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES Steve Bubalo Construction Co., Inc. Page B-1 STEVE BUBALO CONSTRUCTION COMPANY LABOR RATES (Including Mark Up for Overhead and Pf0fip MATERIALS WILL BE BILLED AT COST PLUS 15% SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10% TOTAL CLASSIFICATION LABOR RATE CLASSIFICATION COST TYPE <$UM>Hr PROJECT MANAGER $150.00 REGULAR PROJECT MANAGER LABORER $7449 REGULAR LABORER 30020 $99.97 PREMIUM $125.45 DOUBLE OPERATOR $101.97 REGULAR OPERATOR 400155 $139.28 PREMIUM $176.60 DOVE E OPERATOR $115.05 REGULAR OPERATOR FOREMAN $160.10 PREMIUM FOREMAN 40&60 $204.35 DOUBLE WELDER $9797 REGULAR WELDER MECHANIC $183,29 PREMIUM MECHANIC 400/50 $168.60 DOUBLE TEAMSTER $7746 REGULAR TEAMSTER 50020 $101.96 PREMIUM $126.46 DOUBLE CARPENTER $9024 REGULAR CARPENTER FOREMAN $126.54 PREMIUM FOREMAN 100140 $162.85 DOUBLE CARPENTER $8282 REGULAR CARPENTER 100150 $11542 PREhIIUM $148.02 DOUBLE MATERIALS WILL BE BILLED AT COST PLUS 15% SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10% Equipment Rates for (STEVE BUBALO CONSTRUCTION CO.) Including Mark up for Overhead and Profit EQUIPMENT Ll u Rate CAT 3040CR EXCAVATOR HR $34.82 CAT 330CL BACKHOE HR $180.37 CAT 3658E 375E EXCAVATOR HR $311.39 CAT 3070S8 312 EXCAVATOR HR $56.99 CAT 225DLC EXCAVATOR HR $116.30 KOIv ATSU P10DO EXCAVATOR HR $464.08 JOHN DEERE 710D BACKHOE HR $82.23 CAT 980C LOADER HR $193.53 CAT 9660 LOADER HR $137.45 CAT 966F LOADER HR $155.19 CAT 9508 LOADER HR $104.72 CAT 950F LOADER SERIES It HR $121.60 CAT 2268 SKID STEER LOADER HR $33.51 CAT 262C SKID STEER LOADER HR $46.26 LINK BELT FMC CRANE HSP 8018XL HR $107.07 P&H 670 TC CRANE HR $214.90 LINK BELT FMC CRANE HSP 8022 HR $107.07 CAT O3B DOZER HR $37.85 HYSTER ROLLER C350 HR $43.24 CAT ROLLER 2240 HR $38.07 CAT ROLLER 433C HR $79.89 DYNAPAC ROLLER CAISPO HR $61.15 DYNAPAC ROLLER CA25 HR $87.02 TAYLOR FORKLIFT IST HR $110.35 CLARK FORKLIFT IST HR $110.35 HYSTER FORKLIFT H460B HR $131.61 HYSTER FORKLIFT H330B HR $110.35 CAT BLADE 140G HR $96.47 INGERSOL RAND 185CFM COMPRESSOR HR $23.01 INGERSOL RAND 175CFM COMPRESSOR HR $23.01 MULTIQUIP 45W WISPERWATT GENERATOR HR $16.38 MULTIQUIP 60W WISPERWATT GENERATOR HR $29.68 LIGHT TOWER MLT 30604 LIGHT HR $9.02 TCS ARROW BOARD HR $3.68 TCS MESSAGE BOARD HR $11.41 FORD F150 PICK UP HR $2298 FORD F250 PICK UP HR $2298 FORD F350 PICK UP HR $28.80 FORD F450 PICKUP HR $35.31 KENWORTH TRACTOR 18 WHEEL SEMI HR $86.55 KENWORTH 10 WH[CL DUMP TRUCK HR $76.39 INTERNATIONAL 10 WHEEL DUMP TRUCK HR $76.39 4 TON UTILITY TRUCK HR $38.09 MECHANICS TRUCK HR 1 $47.91 LUBE AND FUEL TRUCK HR $68.21 KENWORTH SPIRADRIL(ATLANTIC LOH100 HR $167.58 INTERNATIONAL 4000 GAL WATER TRUCK HR $55.33 FORD 4000 GAL WATER TRUCK HR $55.33 VOLVO 4000 GAL WATER TRUCK HR $55.33 VOLVO 2500 GAL WATER TRUCK HR $38.09 FRUEHAUF SEMI/END DUMP TRAILER HR $14.92 COZAD LO BED TRAILER HR $14.92 DORSEY FLATBED TRAILER HR $14.92 MOBIL ATHEY SWEEPER HR $141.75 BROCE BROOM HR $46.43 MULTIOUIP185 AMP WELDER HR $7.03 HSOVARNA F5.520 CONCRETE SAW HR $19.08 2" TO 4'PUMPS AND HOSE HR $6.03 WACKENJUMPING JACKNIB. PLATE HR 810.14 JACKHAMMER SON AND 904 HR $7.51 CLAY SPADE HR $0.99 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 and two million dollars ($2,000,000) completed operations 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Steve Bubalo Construction Co., Inc. Page C-1 1.4.1 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 subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Steve Bubalo Construction Co., Inc. Page C-2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 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. Steve Bubalo Construction Co., Inc. Page C-3 RECEIVED AFTER AGENDA PRINTED Agenda Item No. 8 April 9, 2013 Attachment C On-call repair services agreement with Steve Bubalo Construction CO., Inc. for underground utility installation and repair services ON-CALL REPAIR SERVICES AGREEMENT WITH STEVE BUBALO CONSTRUCTION CO., INC. FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES THIS ON-CALL REPAIR SERVICES AGREEMENT ("Agreement') is made and entered into as of this day of March, 2013 ("Effective Date") by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and STEVE BUBALO CONSTRUCTION CO., INC., a California corporation ("Contractor"), whose principal place of business is 128 E. Live Oak Ave, Monrovia, CA 91016 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 underground utility installation and repair services ('Project'). C. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 March 31, 2015, unless terminated earlier as set forth herein. 2. SCOPE OF WORK 2.1 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference. Contractor shall provide "On -Call' services as described in the Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator (as defined below in Section 6), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: 2.1.1 A detailed description of the Services to be provided; 2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; 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 and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 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. The failure by Contractor to strictly adhere to the schedule may result in termination of this Agreement by City. 3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party within two (2) calendar days of the occurrence of the delay so that all delays can be addressed. 3.2 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) 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. 3.3 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 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 Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor's total compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Two Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to the Agreement. 4.2 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task from the Scope of Work attached hereto to which it relates, the date the Services were performed, the number of hours spent on all Steve Bubalo Construction Co., Inc. Page 2 Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Contractor only for those costs or expenses specifically approved in the Scope of Work and Schedule of Rates attached hereto. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.4 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Scope of Work and which the City and Contractor did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth in Exhibit B. 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 John Schiller to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any key 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 this 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. The Utilities General Manager, or his/her designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her designee shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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. 7.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform Steve Bubalo Construction Co., Inc. Page 3 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. 7.3 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. 7.4 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, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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. 8.2 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 the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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). Steve Bubalo Construction Co., Inc. Page 4 8.4 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 attorney's 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 the Contractor. 8.5 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. 8.6 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. 8.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR It is understood that City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees or agents of the 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 express 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 the City. Contractor shall have the responsibility for and control over the means of performing the Work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance of the Work or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the Services. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. CITY POLICY Contractor shall discuss and review all matters relating to policy and Project direction with the 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. Steve Bubalo Construction Co., Inc. Page 5 12. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 13. 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. 14. 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. 15. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Contractor shall be fully responsible to City for all acts and omissions of any subcontractors. 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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. 16. OWNERSHIP OF DOCUMENTS Each and every report, draft, 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 Steve Bubalo Construction Co., Inc. Page 6 any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon prior written request. 17. CONFIDENTIALITY All Documents, including drafts, 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. 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. 19. 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. r'Zi�i7i�'K�T[tl:y iit�7�irill��]'I�]ii:1�t�i�I►��7iC�[�1:�? City reserves the right to employ other Contractors in connection with the Project. 21. CONFLICTS OF INTEREST 21.1 The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 21.2 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 Steve Bubalo Construction Co., Inc. Page 7 City for any and all claims for damages resulting from Contractor's violation of this Section. 01 IQ 9141 ZK 22.1 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, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Utilities General Manager Municipal Operations Department City of Newport Beach 949 W. 161h St. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3401 22.2 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attn: John Schiller Steve Bubalo Construction Co., Inc. 128 E. Live Oak Ave. Monrovia, CA 91016 Phone: 626-574-7570 23. NOTICE OF CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under the 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. The Contractor and the City expressly agree that in addition to all claims filing requirements set forth in the Agreement, the Contractor shall be required to file any claim the Contractor may have against the City in strict conformance with the Government Claims Act (Govt. Code §§ 900 et seq.). 24. TERMINATION 24.1 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 Steve Bubalo Construction Co., Inc. Page 8 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, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 24.2 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 thirty (30) 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 materials purchased and Documents created in performance of this Agreement. 25. LABOR 25.1 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.). 25.2 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. 25.3 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. 25.4 To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the City, its City Council, boards and commissions, officers, agents, volunteers, and employees from loss or damage, including but not limited to attorney's 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. 26. STANDARD PROVISIONS 26.1 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. 26.2 Waiver. A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 26.3 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 Steve Bubalo Construction Co., Inc. Page 9 herein. No verbal Contract or implied covenant shall be held to vary the provisions herein. 26.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits attached hereto, the terms of this Agreement shall govern. 26.5 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. 26.6 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. 26.7 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. 26.8 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. 26.9 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. 26.10 No Attorney's Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 26.11 Counterparts. This Agreement may be executed in two 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] Steve Bubalo Construction Co., Inc. Page 10 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 311V13 A&G,K C. Harp City Attorney ATTEST: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: Bv: Keith D. Curry Mayor CONTRACTOR: Steve Bubalo Construction Co., Inc., a California corporation Date: By: John C. Schiller President and General Manager By: Louise Bubalo Secretary and Treasurer [END OF SIGNATURES] Attachments: Exhibit A — Scope of Work Exhibit B — Schedule of Rates Exhibit C — Insurance Requirements Steve Bubalo Construction Co., Inc. Page 11 EXHIBIT A SCOPE OF WORK 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 6" to 48" in diameter o Valves of various types and sizes o 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: o Force mains sizing from 4" to 12" in diameter o Laterals of various sizes o Clean -outs o Grease interceptors o Collection system mainlines o Vaults/wet wells o Valves of various sizes o Manholes • Installation and repair of storm water system components such as: o Storm drain piping 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 of roadways • Install and relocate SCE facilities Steve Bubalo Construction Co., Inc. Page A-1 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 of 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. • Final Work shall be approved by the City's Public Works Department as to the City design specifications and plans on file for the specific location where the Work is performed. • Provide callback within twenty four hours after initial request from the City for underground utility services. Steve Bubalo Construction Co., Inc. Page A-2 EXHIBIT B SCHEDULE OF BILLING RATES Steve Bubalo Construction Co., Inc. Page B-1 STEVE BUBALO CONSTRUCTION COMPANY LABOR RATES (Including Mark Up for Overhead and Pf0fip MATERIALS WILL BE BILLED AT COST PLUS 15% SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10% TOTAL CLASSIFICATION LABOR RATE CLASSIFICATION COST TYPE <$UM>Hr PROJECT MANAGER $150.00 REGULAR PROJECT MANAGER LABORER $7449 REGULAR LABORER 30020 $99.97 PREMIUM $125.45 DOUBLE OPERATOR $101.97 REGULAR OPERATOR 400155 $139.28 PREMIUM $176.60 DOVE E OPERATOR $115.05 REGULAR OPERATOR FOREMAN $160.10 PREMIUM FOREMAN 40&60 $204.35 DOUBLE WELDER $9797 REGULAR WELDER MECHANIC $183,29 PREMIUM MECHANIC 400/50 $168.60 DOUBLE TEAMSTER $7746 REGULAR TEAMSTER 50020 $101.96 PREMIUM $126.46 DOUBLE CARPENTER $9024 REGULAR CARPENTER FOREMAN $126.54 PREMIUM FOREMAN 100140 $162.85 DOUBLE CARPENTER $8282 REGULAR CARPENTER 100150 $11542 PREhIIUM $148.02 DOUBLE MATERIALS WILL BE BILLED AT COST PLUS 15% SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10% Equipment Rates for (STEVE BUBALO CONSTRUCTION CO.) Including Mark up for Overhead and Profit EQUIPMENT Ll u Rate CAT 3040CR EXCAVATOR HR $34.82 CAT 330CL BACKHOE HR $180.37 CAT 3658E 375E EXCAVATOR HR $311.39 CAT 3070S8 312 EXCAVATOR HR $56.99 CAT 225DLC EXCAVATOR HR $116.30 KOIv ATSU P10DO EXCAVATOR HR $464.08 JOHN DEERE 710D BACKHOE HR $82.23 CAT 980C LOADER HR $193.53 CAT 9660 LOADER HR $137.45 CAT 966F LOADER HR $155.19 CAT 9508 LOADER HR $104.72 CAT 950F LOADER SERIES It HR $121.60 CAT 2268 SKID STEER LOADER HR $33.51 CAT 262C SKID STEER LOADER HR $46.26 LINK BELT FMC CRANE HSP 8018XL HR $107.07 P&H 670 TC CRANE HR $214.90 LINK BELT FMC CRANE HSP 8022 HR $107.07 CAT O3B DOZER HR $37.85 HYSTER ROLLER C350 HR $43.24 CAT ROLLER 2240 HR $38.07 CAT ROLLER 433C HR $79.89 DYNAPAC ROLLER CAISPO HR $61.15 DYNAPAC ROLLER CA25 HR $87.02 TAYLOR FORKLIFT IST HR $110.35 CLARK FORKLIFT IST HR $110.35 HYSTER FORKLIFT H460B HR $131.61 HYSTER FORKLIFT H330B HR $110.35 CAT BLADE 140G HR $96.47 INGERSOL RAND 185CFM COMPRESSOR HR $23.01 INGERSOL RAND 175CFM COMPRESSOR HR $23.01 MULTIQUIP 45W WISPERWATT GENERATOR HR $16.38 MULTIQUIP 60W WISPERWATT GENERATOR HR $29.68 LIGHT TOWER MLT 30604 LIGHT HR $9.02 TCS ARROW BOARD HR $3.68 TCS MESSAGE BOARD HR $11.41 FORD F150 PICK UP HR $2298 FORD F250 PICK UP HR $2298 FORD F350 PICK UP HR $28.80 FORD F450 PICKUP HR $35.31 KENWORTH TRACTOR 18 WHEEL SEMI HR $86.55 KENWORTH 10 WH[CL DUMP TRUCK HR $76.39 INTERNATIONAL 10 WHEEL DUMP TRUCK HR $76.39 4 TON UTILITY TRUCK HR $38.09 MECHANICS TRUCK HR 1 $47.91 LUBE AND FUEL TRUCK HR $68.21 KENWORTH SPIRADRIL(ATLANTIC LOH100 HR $167.58 INTERNATIONAL 4000 GAL WATER TRUCK HR $55.33 FORD 4000 GAL WATER TRUCK HR $55.33 VOLVO 4000 GAL WATER TRUCK HR $55.33 VOLVO 2500 GAL WATER TRUCK HR $38.09 FRUEHAUF SEMI/END DUMP TRAILER HR $14.92 COZAD LO BED TRAILER HR $14.92 DORSEY FLATBED TRAILER HR $14.92 MOBIL ATHEY SWEEPER HR $141.75 BROCE BROOM HR $46.43 MULTIOUIP185 AMP WELDER HR $7.03 HSOVARNA F5.520 CONCRETE SAW HR $19.08 2" TO 4'PUMPS AND HOSE HR $6.03 WACKENJUMPING JACKNIB. PLATE HR 810.14 JACKHAMMER SON AND 904 HR $7.51 CLAY SPADE HR $0.99 EXHIBIT C 1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR 1.1 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. 1.2 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. 1.3 Coverage Requirements. 1.3.1 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. 1.3.1.1 Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials, employees and agents. 1.3.2 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 and two million dollars ($2,000,000) completed operations 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) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. 1.3.3 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 the Contractor arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Steve Bubalo Construction Co., Inc. Page C-1 1.4.1 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 subcontractors. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional 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. 1.4.3 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. 1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. 1.5 Additional Agreements Between the Parties. The parties hereby agree to the following: 1.5.1 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required by giving the Contractor ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the Contractor, the City and Contractor may renegotiate Contractor's compensation. 1.5.3 Right to Review Subcontracts. Contractor agrees that upon request, all contracts 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 contracts will not impose any liability on City, or its employees. 1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 1.5.5 Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, Steve Bubalo Construction Co., Inc. Page C-2 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. 1.5.6 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. 1.5.7 City Remedies for Non Compliance If Contractor or any subcontractor fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this agreement, or to suspend Contractor's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Contractor or reimbursed by Contractor upon demand. 1.5.8 Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. 1.5.9 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. Steve Bubalo Construction Co., Inc. Page C-3 REPAIR SERVICES AGREEMENT WITH GCI CONSTRUCTION INC. FOR UNDERGROUND UTILITY REPAIR SERVICES THIS REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this,'�3rhy of 0fe4a , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and GCI CONSTRUCTION, INC. (GCI), a California corporation whose principal place of business is 245 Fischer Avenue, Ste. B-3, Costa Mesa, California 92626 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repair services for underground water and sewer utility infrastructure on an as -needed and emergency basis. C. City desires to engage Contractor to perform underground utility repair services throughout the City on water and sewer infrastructure on an as -needed and emergency basis ("Project"). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 above written date, and shall terminate on the 30th day of November 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "as -needed" and "emergency" repair services as described in the Scope of Services attached hereto as Exhibit `A' and incorporated herein by this reference (the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), Contractor may be required to provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal'). The Letter Proposal shall include the following: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond 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 to the other parry so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. GCI CONSTRUCTION INC. Page 2 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the Services on a time and expense not -to -exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit 'B' and incorporated herein by reference. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the individual letter proposals, as approved by the Project Administrator or City Manager, as appropriate. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor shall be allowed to submit annual rate adjustment requests to the Project Administrator (as defined in Section 6 below) not to exceed two and one half percent (2.5%) increase from the prior year's rates. Contractor shall provide sixty (60) days prior written notice to City of any such annual rate increase. City shall provide written acceptance or rejection of such notice of rate increase. The total annual compensation paid to Contractor pursuant to this Agreement shall not exceed One -Hundred Thousand Dollars and No Cents ($100,000.00) per Agreement year for all Services provided by Contractor. 4.1 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's invoices shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would GCI CONSTRUCTION INC. Page 3 be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit 'B'. 5. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt, Utilities Operations Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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 unless approved in advance by the Project Administrator. 7.2 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 Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. GCI CONSTRUCTION INC. Page 4 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.4 Contractor shall perform all Project 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 GCI CONSTRUCTION INC. Page 5 public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work. 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. MINMEMMINURK727 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. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to GCI CONSTRUCTION INC. Page City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. GCI CONSTRUCTION INC. Page 7 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: L City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and GCI CONSTRUCTION INC. Page 8 further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. 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 and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. i. 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. GCI CONSTRUCTION INC. Page 9 I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 12. PREVAILING WAGES It is agreed by the parties that in connection with the design, development, installation and construction of any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code sections 1726 and 1781 as the same may be enacted adopted or amended from time to time and/or any other provision of law. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed GCI CONSTRUCTION INC. Page 10 under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Ed Burt, Utilities Operations Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3432 Fax: 949-646-5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Terry Gillespie GCI Construction, Inc. 245 Fischer Avenue, Ste. B-3 Costa Mesa, CA 92626 Phone: 714-957-0233 Fax: 714-540-1148 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. if such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting GCI CONSTRUCTION INC. Page 11 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. GCI CONSTRUCTION INC. Page 12 24. 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. 25. 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. GCI CONSTRUCTION INC. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICIJPAJ HE CITY ATTORNEY at -Ceonie Mulvihill Assistant City Attorney ATTEST: Date: / 0 ,C) Leiltni I. Brown City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation Date: Y Keith Curry Mayor CONTRACTOR: GCI CONSTRUCTION, INC.: Date: By: Terry D. Gillespie President Date: /2 — 4 — /0 Attachments: Exhibit A — Scope of Services Exhibit B — Billing Rates GCI CONSTRUCTION INC. Page 14 EXHIBIT A SCOPE OF WORK The following services are typical for the water and sewer infrastructure maintenance and repair services agreement work: • General underground utility repair and maintenance; • Installation and repair of water mainlines; Installation and repair of sewer mains and laterals; • Installation and repair of water services, fire hydrants, downdrafts, corp. stops, etc.; • Pump station repairs and rehabilitation work; • Valve and vault repair work; • Storm drain installation and repair work; Oil and Gas tank farm repairs; and • General infrastructure emergency repair services. EXHIBIT A Page A-1 EXHIBIT B SCHEDULE OF BILLING RATES EXHIBIT B Page B-1 GCI CONSTRUCTION lEffectivel 7I1 mo to mo111 EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 21.00 HOUR CREW TRUCK 36.00 HOUR 10 WHEELER DUMP TRUCK 82.00 HOUR SUPER10 88.00 HOUR BOTTOM/SEMI END DUMP 93.00 HOUR LOW BED RATE 112.00 HOUR SKIPLOADER 127.00 HOUR BOBCAT 127.00. HOUR 44611 BACKHOEILOADER 152.00 HOUR 555E SACKHOEILOADER 137.00 HOUR NEW HOLLAND BACKHOEILOADER 137.00 HOUR 936 WHEEL LOADER 145.00 HOUR _ CAT 950 LOADER 147.00 HOUR CAT 950 E LOADER 162.00 HOUR JO 460 WITH BOARD 152.00 HOUR CAT 307 EXCAVATOR 152.00 HOUR CAT 313 EXCAVATOR 172.00 HOUR CAT326 EXCAVATOR 194.00 HOUR _ CAT 321CLCR EXCAVATOR 187.00 HOUR CAT 235D EXCAVATOR 22ZDD HOUR KOBELCO SK300 L01V EXCAVATOR 202.00 HOUR RING O MATIC POT HOLING MACHINE 41DX0 DAY _ $0.00 HR ASHPHALT ZIPPER 260.00 HOUR Plus Teeth ARROWBOARD 106.00 DAY WATERTRUCK 170.00 DAY Bare COMPACTION WHEEL 27.00 HOUR COMPRESSOR 160.00 DAY COMPRESSOR WIJACKHAMMER 235.00 DAY 200D 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 HDUR 4" trash um 8 hoses 100.00 da 6x16 Trench Box 85.00 da 247.50 Wk 742.50 Mo 4 x 16 Trench Box 57.00 da 165.00 Wk 49600--- 9600Mo8 8x 24 Trench Box 182.00 DAY 540.00 Wk �t620.00 Mo LABOR RATES: REGULAR OVERTIME DBLTIME LABORER GRADING 50.21 66.42 82.64 LABORER SEWER 50.70 67.13 83.56 LABORER WATER 511.67 67.38 83.86 PIPELAYER GRADING 63.47 71.32 $9.17 PIPELAYERSEWER 64.01 72,091 90.17 PIPELAYER WATER 64.19 72.35 90.51 OPERATORGRADING 67.92 92.84 117.77 OPERATOR SEWER58.43 93.60 118.76 OPERATOR WATER 66.80 93.85 119.10 FOREMAN GRADING 70.43 96.61 122.79 FOREMAN SEWER 70.971 97.40 123.83 FOREMAN WATER 71.16 97.67 124.18 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 November 23, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Municipal Operations Department Mark Harmon, Director 949-644-3055 or mharmon@newportbeachca.gov SUBJECT: APPROVAL OF REPAIR SERVICES AGREEMENTS WITH: DOTY BROS. CONSTRUCTION COMPANY; GCI CONSTRUCTION, INC.; VALVERDE CONSTRUCTION, INC. AND W. A. RASIC CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY REPAIR SERVICES RECOMMENDATION: Approve four (4) Repair Service Agreements with: Doty Bros. Construction Company; GCI Construction, Inc.; Valverde Construction, Inc. and W. A. Rasic Construction Company, Inc. and authorize the Mayor and City Clerk to execute the Agreements. DISCUSSION: Background City staff currently maintains 296 miles of water transmission and distribution mains and 290 miles of sewer collection mains and laterals, over 2700 fire hydrants, 6000 manholes, five water pump stations and 21 sewer lift stations, including all the appurtenances associated with this infrastructure. The City utilizes a comprehensive maintenance program for the water and sewer infrastructure. During the daily operations of this infrastructure, staff sometimes needs the assistance of competent and qualified professionals to provide staff and/or equipment for maintenance repairs as well as emergency repairs. Repair services agreements allow staff to quickly access specialized services that can be needed for regular and emergency maintenance and repairs. Staff requested proposals from multiple vendors that provide underground utility repair work and reviewed their experience, availability and cost. Four (4) contractors Repair Services Agreement for Underground Utility Repair Services November 23, 2010 Page 2 submitted qualifications and rate sheets, showing that they have decades of experience in providing water and sewer mainline maintenance and rehabilitation, as well as emergency repair services. Newport Beach has used the services of each of these contractors over the past 20 years. Additionally, each has been the successful bidder on a variety of projects for the City. At the City's request, the firms will submit proposals for the work requested, allowing the City to competitively seek the best price at that given moment. The criteria for selecting a contractor for any project starts with 1) contractor availability, which depends on which workers and equipment are available at that time; and 2) proposal cost, we will take the lowest submitted bid for each project. By entering into two (2) year Repair Services Agreements, Doty Bros. Equipment Company; GCI Construction Inc.; Valverde Construction, Inc. and W. A. Rasic Construction Company, Inc. will provide the City an excellent list of qualified, experienced and knowledgeable contractors that are ready and able to bid on projects and provide proposals for infrastructure repairs as the need arises. Environmental Review: Staff recommends the City Council finds that taking action to the recommendations in this report 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. Funding Availability Funding is available in various water and sewer maintenance and operations accounts as approved by Council in the approved budget. Prepared by: T oritz, istrative lyst Municipal Operations Director Attachments: Doty Bros. Equipment Company Repair Services Agreement GCI Construction, Inc. Repair Services Agreement Valverde Construction, Inc. Repair Services Agreement W. A. Rasic Construction Company, Inc. Repair Services Agreement REPAIR SERVICES AGREEMENT WITH DOTY BROS. EQUIPMENT CO. FOR UNDERGROUND UTILITY REPAIR SERVICES THIS REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and DOTY BROS. EQUIPMENT CO., a California corporation whose principal place of business is 11232 E. Firestone Blvd., Norwalk, California 90650 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repair services for underground water and sewer utility infrastructure r on an as -needed and emergency basis. C. City desires to engage Contractor to perform underground utility repair services throughout the City on water and sewer infrastructure on as as -needed and emergency basis ("Project"). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 above written date, and shall terminate on the 30th day of November 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "as -needed" and "emergency' repair services as described in the Scope of Services attached hereto as Exhibit 'A' and incorporated herein by this reference (the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), Contractor may be required to provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant DOTY BROS. EQUIPMENT CO. Page 2 reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the Services on a time and expense not -to -exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit 'B' and incorporated herein by reference. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the individual letter proposals, as approved by the Project Administrator or City Manager, as appropriate. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor shall be allowed to submit annual rate adjustment requests to the Project Administrator (as defined in Section 6 below) not to exceed two and one half percent (2.5%) increase from the prior year's rates. Contractor shall provide sixty (60) day prior written notice to City of any such annual rate increase. City shall provide written acceptance or rejection of such notice of rate increase. Total annual compensation paid to Contractor pursuant to this Agreement shall not exceed One -Hundred Thousand Dollars and No/100 ($100,000.00) per Agreement year for all Services provided by Contractor. 4.1 Contractor shall submit invoices to City describing the Work performed the preceding period. Contractor's invoices shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the invoice by City staff: 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the DOTY BROS. EQUIPMENT CO. Page 3 5. A Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit 'B'. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt, Utilities Operations Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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 unless approved in advance by the Project Administrator. 7.2 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 Professional Standards. All Services shall be performed by qualified and DOTY BROS. EQUIPMENT CO. Page 4 experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims'), which may arise from or in any manner relate (directly or indirectly) to any 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. DOTY BROS. EQUIPMENT CO. Page 5 8.4 Contractor shall perform all Project 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. 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. 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. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of DOTY BROS. EQUIPMENT CO. Page 6 the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this DOTY BROS. EQUIPMENT CO. Page 7 Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's DOTY BROS. EQUIPMENT CO. Page 8 risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for j nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. 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 and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase DOTY BROS. EQUIPMENT CO. Page 9 the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 12. PREVAILING WAGES It is agreed by the parties that in connection with the design, development, installation and construction of any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code sections 1726 and 1781 as the same may be enacted adopted or amended from time to time and/or any other provision of law. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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 DOTY BROS. EQUIPMENT CO. Page 10 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Ed Burt, Utilities Operations Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3432 Fax: 949-646-5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Chris Christy Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Phone: 562-864-6566 Fax: 562-864-6052 DOTY BROS. EQUIPMENT CO. Page 11 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. AMENDMENTS DOTY BROS. EQUIPMENT CO. Page 12 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. 24. 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. 25. 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. DOTY BROS. EQUIPMENT CO. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFI THE CITY ATTORNEY Date: ) B r r .Z A Leonie Mulvihill Assistant City Attorney �\ j ATTEST: Date: By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A California Municipal Corporation Date: By: Keith Curry Mayor CONTRACTOR: DOTY BROS. EQUIPMENT CO.: Date: M Chris Christy President Date: AO - Exhibit Exhibit A — Scope of Services Exhibit B — Billing Rates Henry Barber Senior Vice President, Operations DOTY BROS. EQUIPMENT CO. Page 14 EXHIBIT A SCOPE OF WORK The following services are typical for the water and sewer infrastructure maintenance and repair services agreement work: • General underground utility repair and maintenance; • Installation and repair of water mainlines; • Installation and repair of sewer mains and laterals; • Installation and repair of water services, fire hydrants, downdrafts, corp. stops, etc.; • Pump station repairs and rehabilitation work; • Valve and vault repair work; • Storm drain installation and repair work; • Oil and Gas tank farm repairs; and • General infrastructure emergency repair services. EXHIBIT A Page A-1 DOTY BROS, Construction Company September 10, 2010 E-MAIL COMMUNCATION:tmarltz newoortbeachca.goy City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Terresa Moritz Reference: Statement of Quallfr[ation Dear Ms. Moritz: Doty Bros. Equipment Co. ("DBEC"), dba Doty Bras. Construction, Co., ("DBCC") is a general contractor based In southern California. Our company has been in business for over 75 years. Primarily based in and supporting the Los Angeles, Orange County, Riverside, San Bernardino and San Diego area, we have recently expanded our service territory and customer support potential by acquiring a Bakersfield office and yard location to better support client needs in the central and northern California regions of the state. DBEC has current active California contractor's licenses as follows, A -General Engineering, C-10 Electrical, C-12 Earthwork and Paving, C-16 fire Protection and C-42 Sanitation Systems. We also maintain current active licenses in the State of Arizona as follows, A -General Engineering, L11 -Commercial Electrical and L16 fire Protection. DBEC Is primarily a pipeline contractor, with Its expertise represented In four distinct divisions as follows: Water, Underground Dry Utilities, Oil and Gas and Electrical Instrumentation and Controls. Our Paving Division has recently been established to fulfill the speciflr needs of projects where that is the primary or sole scope of work. Project references that are either included or can be requested and provided will introduce you to our various clients and many of our projects in each of I hese Divisions. DBEC's leadership consists of innovators and Industry icons whose combined value of their years of pipeline industry experience enhance and continue to refresh the Vision for our company and awareness of our client .needs. Each has their personal strengths, talents and area of expertise that continue to build on the foundation of our company's three quarters of a century strong reputation for excellence- Even in these challenging economical times, we remain a thriving forward thinking providerof services that are part of the Infrastructure of life in the 21st century. Our Division Managers individually bring Industry knowledge, specialty experience and training skills, forming the firm foundation of our companys proven staying -power, leading their group, from the administrative support personnel in the office, to their estimating staff, supediatendants and foremen in the field. Collectively, our management team represents achievements in success in the pipeline Industry built through decades of solid professional relationships with customers, subcontractors and material suppliers. Such knowledge and relationships are a vital component of building the foundation of cooperation and teamwork that it takes in order to successfully bring a project safely and timely to completion. DBEC has never been assessed liquidated damages, we deliver on time. DBEC performs approximately 71M in revenue annually. Its customer base is broad and Includes supporting clients with projects ranging from small, time and materials jobs (work in the $5,000- $50,000 range), to large negotiated lump sum contracts and competitively bid public works jobs ranging from $50,000 to $20,000,000 and up. our customer base is inclusive of some Fortune 500 companies, and includes publicly held companies as well as private industry. We are an approved contractor for Southern California Edison as well as Southern California Gas Company (Sempra) and its affiliated companies. We are also Certified by the Los Angeles Unified School District (LAUSO) as an approved general contractor for bid projects as well as certified as approved for its Underground Utilities Program. We support our customers as a general contractor, as well as bringing specialized support to projects as a subcontractor for many of Southern California's large established general contractors. The list of our blanket contract customers and project 11232 E. FireroDne Blvd., Norwalk, CA 90650 Phone: (562) 864.6566 Fax: (562) 864-6052 www.dotybros.com CA Lia 273024 2nd Page, City of Newport Beach Attn: Te rresa Moritz specific clients and projects by division, attached, will serve to display some of our contracts and client relationships and should provide you with a substantial overview of our abilities. DREC is a certified MBE company. We have obtained certification from the Southern California Minority Business Development Council, Inc., and the Supplier Clearinghouse for the Utility Supplier Diversity Program of the CUPC, and copies of our certificates are attached for your riles and records. OBEC Is a union signatory contractor, and maintains current labor agreements with the Carpenters, Laborers, Cement Masons, UA District Council 16 (plumbers and fitters), UA tocal 250 (Shortiine Agreement, product pipelines), Operating Engineers, Teamsters and IBEW Locals (international Brotherhood of Electrical Workers) in Los Angeles, Riverside, San Bernardino, Santa Barbara, and Orange County. DBEC's bonding capability is strong, with $50,000,000 available for any one single project, with a program aggregate of $150,000,000. We have a long term established relationship with our surety company. Known throughout Southern California as a dependable and professional company, who brings quality workmanship to every project, we take particular pride in the strength of our Safety Program. DBCC's Corporate Safety Director oversees four Safety Managers at DBCC and is constantly Introducing innovative methods to inspire and educate the safety staff as well as all company personnel: DBCC's Safety pordes have equal importance with our palicles of providing the best quality and most productive construction services in the industry. It is our goal to completely eliminate accidents and Injuries. Because of the many different hazards In the construction industry, we must maintain a constant safety awareness to achieve this goal. The success of the DBEC Safety and Health Program depends on the sincere, constant, and cooperative effort of all company officials, management, and employees as well as those of each subcontractor. Our crews have extensive experience working safely and efficiently in highly congested areas (urban and suburban) and rural cross-couri"enviroaments. We look forward to the opportunity to bring our professional services and quality workmanship to the City of Newport Beach. If you should have any questions or require further Information, please do not hesitate to call our office at 562.864.6566. Sin every, Mo cheJ.Trtchenell Assts ant Contracts Administrator Cc: Phil Dennis Enclosures 11232 F. Firestone Blvd,. Norwalk. CA 90650 Pill (562) 864.6.566 Fax; (562) 864-6052 www.dorybros:com C.4 Lic. 273024 EXHIBIT B SCHEDULE OF BILLING RATES EXHIBIT B Page B-1 DOTY egos. Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2010 TO JUNE 30, 2011 Apprdlerce dues: ApprwNice latae as tocol abort aefne h�heatdeaalrsrzllM poor tajweneyM4n tun arsree mpw. BNI:,y radar apprereioe ual nes aaaan on octal dastNaatkn. SubefRanoa: 595Wk1Y . Tmvtl Ther CtMlIXnerwi66e a&hmd if travel rime isap&&le OwOWw RXY:NI,WBaWLsidOreyrAAlfq COIYINJkd4t1a4erkN 6e thwuld WOW Sundays ardtxsdrys ahaN hopad atdoode ems Far Opera9rrg Erg' E -Trot law JA) IgtanaLdRide radar ", and &xt twain (12) swum M 6whaday is Sara ardoae Fra6; a6 adMictml boom a! dsrhlearne except hnlideys which ere atbpletine. 6rreagenry ^caN oudsnrk` Four(4j r1wA mien um Tarrehwandequilmxmt. Markup: McGM1al, wbooretadaB, subealerxe, andoutridererrhla {rmhxlaaj fud mets), wnl he hdledtnq phss edea rsxxhere appNaeHe, plus ma�karp or 15% 13oradarka of 9aNham CaINmaW Cast PWa Rala4: acrseiee d6re tanto ryljcantiea m Lm Argaks, Ingo, Mora. OBn9e, Rxerside, San 1lernerdirq, Nnpedar, Verkura, Sa4a BarLcTaSun lrim Ohepo, KemwW M odcgkn: Rkhardsan Rodk, SaraCDG bland, Nth Rock. San Nfehoks kUnd, Capin lsWnd, 9x1 Clemente Island,SanMlyw( rt". 8"13mbers Ie1ad, Sarva Raw.ISWEd, Aneoapa IslRml. n*idirgd1e ChwW!dams Manomelt Rate3nkda4lnt 4rclude Son Digo County. ROTE: Wage seal" RM a4a00erdwn x261 Aasocided General Cmdradors Mader LshorA02emeer, and am euNeet to change WithO tMICOm TMs rate shed 1s root at1 krch tn: addOmal dasaMpBwm aaalkSle V mquked. M.O} CA C.L. 27302A 11232 E- Fireellwle Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 PAY STP -4.16"T OVER OQOt7LE PAY STRAIGHT OVER DOl7BLE GRAFTSMAWAXASS CODE TIME TWE 71ME CMFTSMAANC[A5S COBE ME 71ME TWE CARPEIY7FRS OPMA7IN0 ENGMERS Gsnend Foremen CGF 59.64 12482 161.04 Gwarat Fomman, Appel A OGF 97,11 MISS 170.06 Oporuft Forsman COF 85.68 120.69 155.53 Foremen, Aop(bx A OFM 93.71 128.47 193.31 Fownan CFM 83.54 11720 150.91 Onxxp 1, Appdt. A - Oiler 061 85.38 116.06 148.79 Jwrnaymel CJM MA. 1119.59 740-79 GmW2,Appdx.A-01er OG2 861D 118.03 149.42 Shirow CS3 78.65 709.91 14122 G roup B,Appdx.A-VrrversaF (7CaB 90.30 123,.39 15655 AMmNise-tab Period C90%) CAB 72.07 ID0.10 128.18 Gmup 10.Appdt. A- Mechanic OGA 9050 123,70 15685 Crwp 8, Appdx.8 - Crane , Z TMs 088 90,79 124.12 157.53 "xLwwGHF2 Grup 9, Appde 13-Cesne�2S Tana 069 91.09 12456 156.10 Gerwral Foreman CMG 89.50 12608 162.73 Apprentice, Gip e, Apfh A-SMp 6(90%) CAG 53.54 113.30 143.14 Fprerrert CMF 6439 118.47 152.80 Jwmsyman CMJ 79.28 110.65 142.47 UA. P1PEFf7MMASI LnERS ApwertiiC -Bgl Period (9$%) Cub 69.61 96.44 123.30 INOUSTFILAIL Ga lForeman IGF 99.76 135.28 171188 CEVOW7NASONS Fwerran 1FNI 93.62 126.28 199.03 Footman MFM 80.11 107.14 134.29 Joumoynw,n-Wekkr/Fjter IJIM 84.37 112.76 141.21 Joumellnan MJM 7499 94.52 174.13 Apprentice-Fgh Year M 71.40 95.97 122.611 FAT Mac irle Op*,&w MTO 7542 10016 124.57 AppwntGe.&h6 h4a4.(9M%5 MAB 69.97 9203 114.17 SHORTUNE(LOCAL 2501 Foremen SFM 97.42 134.56 16691 LAOS Jotnleyman(WelderlFkw) SIM 92.21 127.28 15964 Operator General Fwernen LOG 94.49 130.95 167.46 Welder Herper SM 53.51 7224 99.95 Operator Foreamfl LOF 91.09 125.87 160.71 Oerreaal Foreman LGF 74.07 ID0.50 126.99 Foremen LFM 72.37 97% 123.81 UTU17Y C�p I - General LGt 64.87 86.78 106.75 OPwztor Forman VOF 89.19 724.58 159.42 a'Moup2-Wrapper Tag' LG2 BS.61 88.18 110.61 KaaernoG UFM 6743 9124 115.00 GMp3-PTONWrrpperI S" LG3 66-75 89,57 112.46 W4ku OWD 6687 W92 11202 COMp4-Pipe".G&S LG4 6934 93.51 117.70 JburrrtymaruFuw wu 5687 75.91 95.01 Caaups- Masser L65 69.99 94.41 118.88 Pipe Tredeeman 11 UP2 43-18 9562 68.12 Apprentice. 661 P&iW(M) LAB 53.7 74.05 94.89 aEC7RR%UXf0V2WE 14TRCd OM (Kate, subjedw pmjem aneMiea a empreyeeMae rwAtIonl 7b1MSTERS Genal Foreman EGF 105.58 146.65 167.68 Operator General F B n TOG 99,64 736.06 172.56 Fom4 EFM 97.95 135.15 172.39 Operates POBnkn TOF 9623 13099 10681 Journeyman EJM 90.26 123.65 157,10 Geneal Fomra TGF 75.32 99.79 12435 AW"ke• 1001 Period (M) EAD 7625 10042 135.06 forems:n TFM 73.61 97.26 120,97 Grwp2-2Ad. TG2 70,47 92-56 114.73 PRdrECTMANAQQ1 y Group3-3A4e TOO 70.68 9229 115.17 Prclecx Nenegr �-^ MPM 111-65 152.73 197.24 t3 uP5•WoeWvTnxkOmn TC{ 71.06 9345 415,91 S46yrinw0 t< MSP 114.19 15359 19837 Group(5-4ar Mare Ade TGG 71.31 913.52 115.02 Pn5j6d Erpi MHE 77.75 11379 149.83 Gamp 9•1.094d TG9 72.31 95.31 118.37 Serety Dwe r SAO 109.73 14923 193.68 Group l2 -WTD ao=TrkCert TST 74.46 98.42 17253 Sdely Superieor SAS 97.65 133.09 171.66 Apprdlerce dues: ApprwNice latae as tocol abort aefne h�heatdeaalrsrzllM poor tajweneyM4n tun arsree mpw. BNI:,y radar apprereioe ual nes aaaan on octal dastNaatkn. SubefRanoa: 595Wk1Y . Tmvtl Ther CtMlIXnerwi66e a&hmd if travel rime isap&&le OwOWw RXY:NI,WBaWLsidOreyrAAlfq COIYINJkd4t1a4erkN 6e thwuld WOW Sundays ardtxsdrys ahaN hopad atdoode ems Far Opera9rrg Erg' E -Trot law JA) IgtanaLdRide radar ", and &xt twain (12) swum M 6whaday is Sara ardoae Fra6; a6 adMictml boom a! dsrhlearne except hnlideys which ere atbpletine. 6rreagenry ^caN oudsnrk` Four(4j r1wA mien um Tarrehwandequilmxmt. Markup: McGM1al, wbooretadaB, subealerxe, andoutridererrhla {rmhxlaaj fud mets), wnl he hdledtnq phss edea rsxxhere appNaeHe, plus ma�karp or 15% 13oradarka of 9aNham CaINmaW Cast PWa Rala4: acrseiee d6re tanto ryljcantiea m Lm Argaks, Ingo, Mora. OBn9e, Rxerside, San 1lernerdirq, Nnpedar, Verkura, Sa4a BarLcTaSun lrim Ohepo, KemwW M odcgkn: Rkhardsan Rodk, SaraCDG bland, Nth Rock. San Nfehoks kUnd, Capin lsWnd, 9x1 Clemente Island,SanMlyw( rt". 8"13mbers Ie1ad, Sarva Raw.ISWEd, Aneoapa IslRml. n*idirgd1e ChwW!dams Manomelt Rate3nkda4lnt 4rclude Son Digo County. ROTE: Wage seal" RM a4a00erdwn x261 Aasocided General Cmdradors Mader LshorA02emeer, and am euNeet to change WithO tMICOm TMs rate shed 1s root at1 krch tn: addOmal dasaMpBwm aaalkSle V mquked. M.O} CA C.L. 27302A 11232 E- Fireellwle Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 DOTY BROS, Construction Company SOUTHERN CALIFORNIA I EFFECTIVE JULY 1. 2010 70 JUNE 30. 2011 BACK NOES I" � ROAD EQUIP.MeNt 101 � AUGER 01189 1 21.00 CABLE DOLLY- ONE REE L(Smhor Maurdo S 1207 A.0088MY- COMPACTION WHEEL EKECAVATOR 01181 S 40.00 CABLE DOLLY- THREE REEL(Tnlbr McwtoO S 2SOD Acomom• COMPACT WKEEL FACASEJD 01179 $ 2080 FLASHINGARROVAKINRD-(4 HR. MIN) S 1700 A4rxfsaY-HYDRAULICSREAKERJCASE&JD 01163 $ 5D.O0 GRADER-CAT140 I 1R7791 $ 61.75 A.On"y-VIBRATORYPLATE 01535 $ 40.00 GRINDER I COLD POWER f81TELL)-(4HR.MIN.) 01187 S 226.00 CC -1354 ROCK WHEEL 01315 $ 75.00 ROLLER - (RIDE ON) S 24,60 CASEMO1JD310 $ 39.58 ROLLER (WALK BEHIND) -i TONVIBRATOR $ 26.00 CASESW S 41.86 ROLLER TRAILER 4 1200 CAT30O-TRACK MOUNTED 04055 S 111.25 STREET SWEEPER (4 HR. MIN.) 08319 3 42.00 CAT 345 -TRACK MOUNTED "072 5141.25 TILT TRAILER 06386 S 1200 GAT416 0A1A7 S 3788 TRENCHER TRAILER "181 S 1200 JD710 $ 4$.86 UIILRYTRAILER 06152 3 1200 21PPER PAVEMENT GRINDER (PER DAY RATE) 018003 37603 COMPACTION POI7IPYENr - -- ASPHALT PAVER -LEE BOY 10000 01196 S 11376 ARROW (HYDROHAAIMER)7STOMPER $ 44.0(1 CEMENT SAW -WALK BEHIND #ISM $ 3300 $HEEPS FOOT-Tw 80ind(vLrabg) 01169 S 16.00 WAT£RWAGON (PER DAY RATE) 06771 S 4000 WACKER TAMPER 01860 1 7300 PAOFOOT COMPACTOR 69' 11501 $ mm TRUCKS 2.3 TON LUBE TRUCK 1345D S 16.25 COMPREW*R6 WRO LIS, BREAKER, C1AYMPAD &TAM o 5Yud(FM 50 d4T BOEYN) OUM12.3 TM UI91y TR4 S 22,75 COMPRESSOR 125-185 CFM $ 21.00 BACK HOE MOVER TRUCK S 19.75 COMPRESSOR -AIR, PORTABLE (PER DAY RATEI 01806 510100 CEMENT TRUCK xfffibw andavnprecear 039.98 S 53.15 DUMP TRUCK 10 WHEELER S 30.75 CRANES EQUIPMENT TRAILER -MOM LB S 1AOD BOOM TRUCK. ETON 03647 S 33.75 EQUIPMENT TRAILER -40.000 LB S 1600 BOOM TRUCK • 10-11 TON 5 4875 FLAT BED rBh LIFT #NM S 21.75 BOOM TRUCK -14 TON $ 5275 FLAT BEDr1h MIXER 1 DUMP 03392 S 53.75 BOOM TRUCK 23-25 TON 433M S 57.75 LOWBED TRAILER'dm3o[w d metre Pwwkfa 030.0 $ 44.75 CRANE- RT 11&16 TON (4r lquvaml) S 59.75 LOWSIOE EN D DUMP TRAILER WI TRACTOR 11;4416 S 41.75 PICKUPTRUCKS- 6M8C. TOOLSNOTINCLUDEO S 1525 DOZERSiSUMOM= PJCK41P-RENTAL NUMBER R"M $ 15.75 DOZER JD 450 ISOM S 43.13 SERVICE TRUCK- MISC TOOLS NOT INCLUDED 1 17.25 SIDEROOM GAT" S 5713 SERVICEVAN- MISC TOOLS NOT INCLUDED 1 1525 SIDEBOOM CAT 0-7 15053 S 6613 TEST PUMP TRUCK 13401 S 78.75 SIDEBOOMCAT IH 15045 S 63-13 TEST TRAILER(Myoudlc) (06542a 6674) S 32.00 54CEBOOM CAT 572 05067 $ 78.13 UTILITYV£HICLE INON44WY) S 2275 SMEBOOM JD 460 S 41,13 WATER TRVCK • (I,SM- 2,000 GALS.) 6 33.75 WATER TRUCK - (3,900G L$.1 03464 S 36.3 FIXNILUFT6 WINCH TRUCK 03356 S 2875 FORKLIFT-MYSTER X,QW LB 012M S 34-88 FORKLIFT -LION 6,000 L8 01204 1 2266 MWELLANEDUS ROARING MACHINE HYDRAULIC 01$21 5 2500 BORE MACHINE TRAILER 08447 $ 1000 MINT SKIP STEER -DITCH WITCH 0123 S 28.89 TAP MACHINE(Wahvine 3"m 17) (PewhIpeday) 0820 S 30.00 LOADER• BOBCAT WIBUCKET 111848 S 26,88 TAP MACHINE Maw liw up 07)(Pe7kWh l Pv6") 3620 S 2000 LOADER -SOSCATW/SWEEPER 111845 S 36.88 LOADER- BOBCAT W1 GRINDER 011640 S 5&766EY LO 16 RU SEER TIRE LOADER -644JO ASM6 S 45.75 200 AMP -TRUCKMOUNTED S 28.25 RUBBER TIRE LOADER -930 CAT 000% $ 47.75 200 AMP, SKID MOUNTED a TRAILER $ 1675 RUBBERTIRE LOADER -950 CAT 15057 1 56.75 WE4,10ER- RIG RENTAL NUMBER RTAX S 2925 RUBBER TIRE LOADER -933EM CAT 05099 S 68,75 RUBBER TIRE LOADER -860 CAT 05070 $ 84.75 FABRICATION SHOP&EQUIPMENT 0101 $ OD 00 $KIPLOADER - CASE 5601 MF WE 7 F445 S 31.66 R,pe 1 Jt 11232 E, t`ile$tORO BIvJ., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 "v-dotybros-DDm CA Lie. 273024 DOTY BROS. Construction Company SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2010 TO JUNE 90, 2011 M48CELLANEOUB 1e MN MOC,fi(,)ANEGUS 1121 MLL AObf11pYAL ni TORLIYE IFAD RH4HYMAULIC TORIM WRENCH 83M f 96.06 PIP£ LOCATOR 0849 1 25.00 AIRHOSE 3WXSU 6870 1 8.00 PIPE LOCATOR -METROTECH 01935 1 40.06 AIR SAW 6857 S SD.SD PIPEPUSHERIGRUNDORMI-HERCULE 61939 S 666.06 AIR TAMPER 6554 b 35.00 PIPE TONGS (4', T. W.IU',1 Y. IV, 18'.26') 119M $ S106 ASPHALT SPREADER BAR #1193 S 125.00 PIPEROLLERS (FORZ'TD3FPIPE) JIM $ 24JDD BARRICADES #090 S 2.50 PIPE STANDS (FOR IT TO 17 PIPE) #900 1 S3 SEVELANG BAND W40" #833 S 75.00 PIPE819DS(4'XA'X4'WMBER) 0590 $ 1.05 BEVELING BAND 24'41` *834 1 too -00 PLYWOOD 113 REPLACEMENT COST *SSS $ $00 BEVELING BAND A--17 *832 S 5DOD PNEUMATICMYORAU TORQUE WRENCH 1.9096 $ 150.00 BEVELING MACHINE 14'-20' yam S 75.00 PORTABLE BAND SAW 1983 S 35-00 BEVELING MACHINE 20.42' 6831 S 100.00 POWER THREADER 1814 S 0503 BEVELING MACHINE 4'617 6829 $ 4250 PRESSURE WASHER TRAILER MOUNT. 65941 S 153.00 BORING MACHINE -CASE HYDRA 01092 $ WOOD PUMP •$KID MOUNT BENTONITE 01165 1 107.00 BORE MOTOR WA $ 10.00 PUMP -SUBMERSIBLE 0951 S 77.00 BORING MACHINE 1-12'8.139' (AmiLwvh) /1178 $ 15.3 RIGID ROLL GROOVER P17346 use) S 30.05 BORING MACHINE 4'-8' (A=*L#loh) 11528 3 25,00 RNET BUSTER I RIPPING GUN 1869 $ 50.50 BORING MACHINE 3-12 JAap"h) #'1177 S 10.00 ROCK DRILL (Pk. SEaA) MBS S 38.00 BUFFER &GRINDER 0583$ S 25.00 ROCK SEPARATOR -GRIZZLY Flail $ 85.00 BUILDER LEVEL -AC -2X NIKON 0845 1 25JUD ROTAHYHAMMER (Plus 81011 1052 $ 53.0o CEMENT MILER S 43RD SANDBLASTER- LIMIT (w1lB wowm HM) 04175 $ 17$.00 CHAIN UNKFENCE PANELS 6046 $ 3.06 SAWZALL #874 $ 150D CHAIN SAW 14r KNCLUOES SLADESJ 01050 S 50.02 SCISSOR LIFT -TEREX 41785 S i7S.OD CHIPPAGGUN (Pkw S" nm $ 35.3 SHORING LUMBER 7X 12'X 14- IWRWLAM-rETCOBII 1895 S 3.00 CLAYSPAOE (Plus OEM() 1890 $ 35.00 SHORMG LUMBER O' X IT X8' OA RE0.,4CEWE 00SIJ 0838 5 3A0 CLEANING BALL #83 S 10.00 SKILL SAW (INCLUDES BLADES) 1835 1 2000. COM161LONGICHAIN #685 $ 1$00 TAP MACHINE- T.O. WILLIAMSON(UP TO 37 1827 S 10007 CONCRETE FNMSHER #1823 5125.00 TARPOT 68S2 $ $0.03 CONCRETE VIBRATOR 1841 $ 40.00 TEST PLUG 6892 S 10.07 CONSTRUCTION SIGNS ASP 1 4.00 TEST PUMP 200 1-6.4D6 LB. SPRAGUE 61815 5 125.00 CROSSING PLATES 0876 5 6.25 TEST PUMP 6,000 I.B. TRAILER MDUNTED AMI$ $ 187.00 CUTOFF/CHOPSAW (INCLUDES BLADES) 0810 $ 53.02 TEST PUMP High Reaeue 0194 $ 125.00 DEAD WEIGHTTESTER 1 60.0 TEST PUMP Pvtl01e 2006 SIS11L6#171 $ 80.00 DELINEATORS 6879 $ 2.50 TESTING TABLE ♦I8:444 $ 80.00 DRILL MOTOR til 1871 b 20.00 TRAFFIC COMES 11085 $ 2.00 DRILLMOTOR3M' 1842 $ 264011 TRANSIT - THEOUTE N845C $ 35.00 DRY ROD OVER - PORTABLE *813 $ 25-00 TRENCH BOX -0X 10' *1910 S 200-00 DUCTROD 1855 S 30.00 TRENCH BOX -4'X 1U HOCA $ 130.00 EMULSION POT SPRAYER 1 83.00 TRENCH JACKSCREW) 18T7 3 4-00 FLOODUGHTTRIALER (MERCURYVAPDR LIGHTS) $ 125.3 TRENCH JACK (HYDRAULIC) 0876 S 20110 FLOW LINER 0841 3 25.07 TRENCHER 5'1186 S 12$.00 FUSION MACHINE 4-12'MOpplmy 13095 $=.Do TR4-VISE 1884 S 25.00 GENERATOR (35-51<W) 01807 $ 90D VIBRATOR PLATE S IMOD GENERATOR (78" 05280 $ 75.00 WALKIETALKIES (SEF OF 2) 0893 S 25.3 HEATTRACER 18t4 $ zoo WATER HDIE II&X50' owl b 0.00 HEATER 1915 S 25-00 WAT£RHOSE 212X50' 0872 $ 1.66 HOUOAY DETECTOR 4836 S 25.01) WATER PUMP 7 P d.N. #1831 S 53.3 HYDRAULIC STAR GLITTER 0889 S 100.00 WATER PUMP 3' PpmNe 11832 $ 8000 IMPACTGUNI' NOIR $ 25.00 WEEDEATER #118 $ 53.3 IMPACT GUN tri 1821 $ 15.OD WELDING SHIELDS(SXIV FRAME) *901 $ S.3 IMPACTOUN361" 0622 1 20.3 WETIDRYVACUUM 040-0001 f 1000 IMPACTWRENCHV 0884 $ 36.3 WR"RS HYDRAULIC IIE94 3 300-00 LADDER OTS $ 1D.D0 WINCH IO TON(GRUNDO) 65042 5 300.00 LASER LEVEL 86,458 $ 7500 a 6! IL -Y LEAF BLOWER #824 S 25.00 8AFETY AND H&LUAT EWIPMENt RATE LIGHT STAND A" 5 1$00 4WAYGASMONROR 0921 S 100100 MANHOLE BLOWERWITH HOSE 8' 1843 S 43.00 MULTI -GAS DETECTORIPL6 NS14 S 1D5.00 MANHOLE BLOWER WITH NOSE 17 $ S5.3 SUPPLIEDAIRRESPERATORKT 0822 S 125.00 PAVEMENT BREAKER IJAGKKAMMER 0867 $ 35.6 ESCAPE NR PACK -0018 $ MOD PIPE BENDER SGREENLEE 61885 5107.00 H2S MONITOR #527 $ 15.3 NPEOENDERMACHINE 8-20' (PUsd.. gftp.&y) 01082 IF 43.07 HAZMAT SUIT -TYVEK #812 $ 0.30 PIPE BENDER SHOESIICO2 BENDER 01196 511611MWI RKLY HAZMAT TRAILER #6648 $ 27.3 PIPE CUTTER - RIDGID$OIL 07385 S 15.00 RE'SPERATCR AHL- MAL17NVLL MAW (CARTRIDGE INCL.) #91f $ 5.00 PIPE CUTTER LINEUP CLAMP IB" -38' gem $ 50.00 SOBA -SELF COMaNEO 1916 $ 56.3 PIPE CUTTER LINEUP CLAMPlr.W 6861 S 2500 SCBACYiINDER-EXTRA 6917 $ 35.3 TRIPOD WITH WINCH 0913 S 100.00 RF,D,- PERSONAL FLOTATION DEVICE 0829 5 5.3 FULL$ODY HARNESS 0924 S 5.00 Pw2dl 11232 F„ Firestone Blvd., Norwalk, CA 90630 Phone: (562) 86"566 Fax: (562) 864.6052 www.dotyhrolixom CA Lie- 273024 REPAIR SERVICES AGREEMENT WITH GCI CONSTRUCTION INC. FOR UNDERGROUND UTILITY REPAIR SERVICES THIS REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and GCI CONSTRUCTION, INC. (GCI), a California corporation whose principal place of business is 245 Fischer Avenue, Ste. B-3, Costa Mesa, California 92626 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repair services for underground water and sewer utility infrastructure on an as -needed and emergency basis. C. City desires to engage Contractor to perform underground utility repair services throughout the City on water and sewer infrastructure on an as -needed and emergency basis ("Project"). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 above written date, and shall terminate on the 30th day of November 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "as -needed" and "emergency" repair services as described in the Scope of Services attached hereto as Exhibit 'A' and incorporated herein by this reference (the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), Contractor may be required to provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. GCI CONSTRUCTION INC. Page 2 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the Services on a time and expense not -to -exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit `B' and incorporated herein by reference. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the individual letter proposals, as approved by the Project Administrator or City Manager, as appropriate. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor shall be allowed to submit annual rate adjustment requests to the Project Administrator (as defined in Section 6 below) not to exceed two and one half percent (2.5%) increase from the prior year's rates. Contractor shall provide sixty (60) days prior written notice to City of any such annual rate increase. City shall provide written acceptance or rejection of such notice of rate increase. The total annual compensation paid to Contractor pursuant to this Agreement shall not exceed One -Hundred Thousand Dollars and No Cents ($100,000.00) per Agreement year for all Services provided by Contractor. 4.1 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's invoices shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would GCI CONSTRUCTION INC. Page 3 be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit 'B'. 5. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt, Utilities Operations Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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 unless approved in advance by the Project Administrator. 7.2 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 Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. GCI CONSTRUCTION INC. Page 4 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.4 Contractor shall perform all Project 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 GCI CONSTRUCTION INC. Page 5 public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work. 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. 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. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to GCI CONSTRUCTION INC. Page 6 City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. GCI CONSTRUCTION INC. Page 7 b. General liability insurance provisions Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builders risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and GCI CONSTRUCTION INC. Page 8 further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. 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 and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. L 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. GCI CONSTRUCTION INC. Page 9 Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 12. PREVAILING WAGES It is agreed by the parties that in connection with the design, development, installation and construction of any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code sections 1726 and 1781 as the same may be enacted adopted or amended from time to time and/or any other provision of law. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed GCI CONSTRUCTION INC. Page 10 under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Ed Burt, Utilities Operations Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3432 Fax: 949-646-5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Terry Gillespie GCI Construction, Inc. 245 Fischer Avenue, Ste. B-3 Costa Mesa, CA 92626 Phone: 714-957-0233 Fax: 714-540-1148 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting GCI CONSTRUCTION INC. Page 11 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement:. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. GCI CONSTRUCTION INC. Page 12 24. 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. 25. 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. GCI CONSTRUCTION INC. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: i�No� By eonie Mulvihill Assistant City Attorney L PI ATTEST: Date: By: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACH, A California Municipal Corporation Date: M Keith Curry Mayor CONTRACTOR: GCI CONSTRUCTION, INC.: Date: al Terry D. Gillespie President Date: M Exhibit A — Scope of Services Exhibit B — Billing Rates Floyd Bennett Secretary/Treasurer GCI CONSTRUCTION INC. Page 14 EXHIBIT A SCOPE OF WORK The following services are typical for the water and sewer infrastructure maintenance and repair services agreement work: • General underground utility repair and maintenance; • Installation and repair of water mainlines; • Installation and repair of sewer mains and laterals; • Installation and repair of water services, fire hydrants, downdrafts, corp. stops, etc.; • Pump station repairs and rehabilitation work; • Valve and vault repair work; • Storm drain installation and repair work; • Oil and Gas tank farm repairs; and • General infrastructure emergency repair services. EXHIBIT A Page A-1 GC 1 CONSTRUCTION,IiVC. General Engineering Contractor Lic. No. 755356 City of Newport Beach August 10, 2010 Utilities Department Mr. Ed Burt 949 West 16" Street Newport Beach, CA 92663 (949) 644-3011, fax (949) 646-5204 Dear Mr. Burt I would like to take this opportunity to introduce G C I Construction, Inc.. For 16 years we had been doing business as Gillespie Construction, Inc. as a General Engineering Contractor specializing in underground utilities, storm drain, sewer, water, street & grading improvements, provide emergency repair for all of the services mentioned. In 1998 we began G C I Construction, Inc.. We are still engaged in the same type of work. Combined we have over 27 years of experience as a General Engineering Contractor in this field. We have also worked with the City of Newport Beach for the entire 28 year period on various projects. Our key individuals would be Terry Gillespie, President; Richard Tirrell, Vice President; and Floyd Bennett, Secretary Treasurer. Terry Gillespie has over 40 years experience in this industry. Richard Tirrell and Floyd Bennett both have over 50 years experience in this industry - Present commitments would be Terry Gillespie overseeing certain projects in a supervisory/superintendent /project management capacity. Richard Tirrell also oversees projects in the same capacity. Floyd Bennett oversees the office staff and all financial matters including extensive job costing. All officers participate in the bidding of new projects. All officers are very hands on in all aspects of the business operations. GCI Construction, Inc. also employs a number of highly experienced key employees who act as Superintendent/Foreman and Project Managers on all of our projects running them from start to finish. They too have many years experience in this industry as well as with GCI Construction, Inc.. GCI Construction, Inc. is a full service general engineering contractor with many years experience working with numerous Public Works agencies, Water Districts, School Districts, as well as County and State agencies. We have completed many projects through out the years with City of Newport Beach Public Works as well as City of Newport Beach Utilities Department. We look forward to the opportunity to work with you in the future. 245 FISCHER AVENUE, STE. 13-3, COSTA MESA, CALIFORNIA 92626 (714) 957-0233 FAX (714) 540-1148 EXHIBIT B SCHEDULE OF BILLING RATES EXHIBIT B Page B-1 uciccJwsTRUCTION Effective 711120104061301111 EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 21.00 HOUR CREW TRUCK 36.00 HOUR 10 WHEELER DUMP TRUCK 82.00 HOUR SUPER 10 88.00 HOUR BOTTOMISEMI END DUMP 93.00 HOUR LOW BED RATE 112.00 HOUR SKIPLOADER 127.00 HOUR BOBCAT 127.00. HOUR 446D BACKHOE/LOADER 152.00 HOUR 555E BACKHOEILOADER 137.00 HOUR NEW HOLLAND 13ACKHOE7LOADER 137.00 HOUR 936 WHEEL LOADER 145.00 HOUR CAT 950 LOADER 147.00 HOUR CAT 950 E LOADER 151.00 HOUR JD 450 WITH BOARD 152.00 HOUR CAT 307 EXCAVATOR 152.00 HOUR CAT 313 EXCAVATOR 171.00 HOUR CAT 325 EXCAVATOR 194.00 HOUR CAT 221CLCR EXCAVATOR 187.00 HOUR CAT 235D EXCAVATOR 227.00 HOUR KOBELCO SK300 LC1V EXCAVATOR 202.00 HOUR RING O MATIC POT HOLING MACHINE 410.90 DAY 80.00 Hft ASHPHALT ZIPPER 260.00 HOUR Plus Teeth ARROWBOARD 105.00 DAY WATER TRUCK 170.00 DAY Bare COMPACTION WHEEL 27.00 HOUR COMPRESSOR 160.00 DAY COMPRESSOR WJJACKHAMMER 2000 MULTIQUIP TOWABLE GENERATOR 235.00 DAY 210.00 DAY HYDRAULIC BREAKER 50.00 HOUR 2000 LBS LIGHT TOWER 100.00 DAY WACKER 100.00 DAY Ziemen Trailer 20.00 HDUR 4" tresh um & hoses 100.00 da 6x16 Trench Box 85.00 tla 247,50 Wk 742.50 Mo 4 x 16 Trench Box 57.00 da 165.00 Wk 495.00 Mo 8 x 24 Trench Box 182.00 DAY 540-00 Wk 1620,00 Mo LABOR RATES: REGULAR OVERTIME DBLTIME LABORER GRADING LABORER SEWER LABORER WATER 50.21 66.42 60.70 67.13 50.87 61.36 82.64 83.56 83.86 PIPELAYER GRADING PIPELAYER SEWER PIPELAYER WATER OPERATOR GRADING OPERATOR SEWER OPERATOR WATER FOREMAN GRADING FOREMANSEWER FOREMAN WATER 53.47 71.32 54,01 72.09 64.49 72.35 67.82 92.84 58.43 93.80 68.50 93.85 70.43 96.61 70.97 97.40 71.15 97.67 89.17 90.17 90.61 117.77 f18.76 119.10 12779 123.83 114.18 REPAIR SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. FOR UNDERGROUND UTILITY REPAIR SERVICES THIS REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this day of 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and Valverde Construction, Inc., a California corporation whose principal place of business is 10918 Shoemaker Avenue, Santa Fe Springs, California 90670 ("Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repair services for underground water and sewer utility infrastructure on an as -needed and emergency basis. C. City desires to engage Contractor to perform underground utility repair services throughout the City on water and sewer infrastructure on an as -needed and emergency basis ("Project"). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 above written date, and shall terminate on the 30th day of September 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "as -needed" and "emergency" repair services as described in the Scope of Services attached hereto as Exhibit 'A' and incorporated herein by this reference (the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), Contractor shall provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. VALVERDE CONSTRUCTION, INC. Page 2 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the Services on a time and expense not -to -exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit 'B' and incorporated herein by reference. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the individual letter proposals, as approved by the Project Administrator or City Manager, as appropriate. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor shall be allowed to submit annual rate adjustment requests to the Project Administrator (as defined in Section 6 below) not to exceed two and one half percent (2.5%) increase from the prior year's rates. Contractor shall provide sixty (60) days prior written notice to City of any such annual rate increase. City shall provide written acceptance or rejection of such notice of rate increase. The total annual compensation paid to Contractor pursuant to this Agreement shall not exceed One -Hundred Thousand Dollars and No Cents ($100,000.00) per Agreement year for all Services provided by Contractor. 4.1 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's invoices shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would VALVERDE CONSTRUCTION, INC. Page 3 be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit 'B'. 5. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt, Utilities Operations Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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 unless approved in advance by the Project Administrator. 7.2 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 Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. VALVERDE CONSTRUCTION, INC. Page 4 8. RESPONSIBILITY FOR DAMAGES OR INJURY 8.1 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties') from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.4 Contractor shall perform all Project 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 VALVERDE CONSTRUCTION, INC. Page 5 public and private property. Contractor shall be liable for any private or public property damaged during the performance of the Work. 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. 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. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to VALVERDE CONSTRUCTION, INC. Page 6 City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes- of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. VALVERDE CONSTRUCTION, INC. Page 7 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: i. City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and further agrees that it will not allow any indemnifying party to self -insure its VALVERDE CONSTRUCTION, INC. Page 8 obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. 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 and insurance clauses from each of its subcontractors. h. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. VALVERDE CONSTRUCTION, INC. Page 9 I. Coveraae Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 12. PREVAILING WAGES It is agreed by the parties that in connection with the design, development, installation and construction of any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code sections 1726 and 1781 as the same may be enacted adopted or amended from time to time and/or any other provision of law. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed VALVERDE CONSTRUCTION, INC. Page 10 under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Ed Burt, Utilities Operations Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3432 Fax: 949-646-5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Edward Valverde Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 Phone: 562-906-1826 Fax: 562-906-1918 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. VALVERDE CONSTRUCTION, INC. Page 11 Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. VALVERDE CONSTRUCTION, INC. Page 12 24. 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. 25. 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. VALVERDE CONSTRUCTION, INC. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICF4 QRTHE CITY ATTORNEY CITY OF NEWPORT BEACH, A California Municipal Corporation Date: tt /By: Leo ie P ulvihill �E Keith Curry Assistant City Attorney Mayor ATTEST: CONTRACTOR: Date: VALVERDE CONSTRUCTION, INC.: Date: By: By: Leilani I. Brown Edward Valverde City Clerk President Date: M Michael Valverde Corporate Treasurer Attachments: Exhibit A — Scope of Services Exhibit B — Billing Rates VALVERDE CONSTRUCTION, INC. Page 14 EXHIBIT A SCOPE OF WORK The following services are typical for the water and sewer infrastructure maintenance and repair services agreement work: • General underground utility repair and maintenance; • Installation and repair of water mainlines; • Installation and repair of sewer mins and laterals; • Installation and repair of water services, fire hydrants, downdrafts, corp. stops, etc.; • Pump station repairs and rehabilitation work; • Valve and vault repair work; • Storm drain installation and repair work; • Oil and Gas tank farm repairs; and • General infrastructure emergency repair services. EXHIBIT A Page A-1 VALVERDE CONSTRUCTION, INC. General Engineering Conroclnrs License No 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562)906-1826 < FAX: (562) 906-1918 August 15, 2010 Attn: Water Superintendent Re: Future Projects To Whom It May Concern: I would like to introduce Valverde Construction, Inc. to your company for the possibility of performing work for your on future projects. Valverde Construction, Inc., located in Santa Fe Springs, California is a licensed underground utility contractor specializing in water, sewer, and storm drain installations with over 35 years of experience throughout Southern California. We have worked for nearly every major contractor and municipality and have an outstanding reputation for completing projects to the utmost satisfaction of our clients with unparallel emphasis on safely. We are an On -Call Emergency Sewer Contractor for the City of Los Angeles specializing in Sewer and Storm Drain Point Repairs and would appreciate the opportunity to provide a quote for any and all projects. Please take the opportunity to browse through the enclosed information package and consider our services for any current, emergency or future work. If you have any question about Valverde Construction, please do not hesitate to contact me personally at (562) 244-4705 or (562) 906-1826. Sincerely, 6 Apron Valverde Valverde Construction, Inc. VALVERDE CONSTRUCTION, INC. General Engineering Convacmrs License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 e FAX (562) 906-1918 August 15, 2010 Attn: Water Superintendent Re: Earthquake Preparedness - Southern California Shakeout Subject: 24 Hour Emergency Services To Whom It May Concern: '455aC1�i Valverde Construction is ready to help you in the event of an earthquake or other catastrophic event. As a licensed underground utility contractor specializing in water, sewer, and storm drain installations throughout Southern California, Valverde Construction maintains a 24 hour on-call emergency service center that will immediately respond to any service failure or break due to an earthquake or other natural disaster. In the event of a service break, please contact us at (562) 906-1826 or any of the numbers on the enclosed Emergency Service Card. Sincerely, Valverde Construction, Inc. Mike Valverde Field Superintendent VALVERDE CONSTRUCTION, INC. General Engineering Conoacmrs License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 SPECIALISTS IN REPAIRING WATER LINES * SEWER SYSTEMS * STORM DRAINS CONDUIT ALL TYPES MOBILE RADIO COMMUNICATIONS Serving Los Angeles & Orange County 24 HOUR CALL SERVICE OFFICE HOURS 7:00 A.M.--5:00 P.M. (562) 906-1826 FAX: (562) 906-1918 NIGHTS *WEEKENDS e HOLIDAYS MIKE VALVERDE------HOME: (562) 947 -4180 --CELL: (310) 877-2855 AHRON VALVERDE-- HOME: (562) 696 -6777 --CELL. (562) 244-4705 EDWARD VALVERDE-HOME: (562) 943 -2186 --CELL: (310) 420-2167 CHRIS VALVERDE---- CELL: (310) 863-0293 VALVERDE CONSTRUCTION, INC. LICENSE NO. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 V ALVERDE CONSTRUCT' ON, INC. Genera( Engineering Convaciorc License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 Emergency Services Valverde Construction, Inc. has been in the business of constructing utilities since 1972 and is one of the top leaders in providing "Emergency Services" to several agencies in the Los Angeles area. Valverde Construction is an emergency sewer and storm drain repair contractor for the City of Los Angeles Department of Public Works and has been for over a decade. Valverde Construction Inc. currently holds an emergency repair contract with the City of Paramount along with many other cities, water districts, and government agencies. Valverde Construction Inc. has performed emergency repair work throughout Southern California and as far away as Bakersfield and Vandenberg Air Force Base to South Laguna and Carlsbad. The City of Bakersfield called on Valverde Construction's services in order to repair 1,300 LF of 42" sewer that had collapsed under the Kern River. Arriving within six hours from the emergency call, Valverde's crews worked 24 -hours each day until all repair work was complete which allowed the city to have their river flowing again. From waterline blowouts on state highways (Pico Water District), to sewer main failures in alley for the City of South Gate, cities and districts have utilized Valverde Construction Inc.'s 24-hour emergency repair services for over 25 years. The success of Valverde Construction's 24-hour repair services is based upon the ability to dispatch experienced and qualified crewmembers that are highly trained and accessible at a moments notice. The availability of the required equipment to perform emergency repair work also contributes to this success. Valverde's superintendents, foremen and crews are equipped with radios and cellular phones to assure a quick response to any emergency situation. VALVERDE CONSTRUCTION, INC. General Engineering Contractors R License No. 276469 tl ► . 10918 SHOEMAKER AVE. Bk"ffi SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 Statement of Qualifications Narrative Valverde Construction, Inc. has been in the business of constructing utilities since 1972. Headquartered in Santa Fe Springs, Valverde Construction, Inc. is a leader in underground utility construction in Southern California. Valverde Construction, Inc. holds California licenses: A -General Engineering, B -General Building, C-10 Electrical, C-16 Fire Protection and C-36 Plumbing. Valverde Construction, Inc. is a MBE contractor certified by the City of Los Angeles and several other agencies, including the Department of Transportation. With over 35 years of experience Valverde Construction, Inc. is one of the most respected public works pipeline contractors in Southern California. Valverde Construction, Inc. has been ranked amongst the top specialty contractors in the nation by the prestigious "Engineering - News Record" (ENR) magazine, and the only California based firm to be named to the "Top Utility Contractors in the Nation" by ENR. Valverde Construction, Inc. has worked on most of the major Southern California Infrastructure Projects, from the LA Metro Rail, Century Freeway, Alameda Corridor Project, Northridge Earthquake Repair, LA Port Expansion, I-5 Freeway Widening, the Disneyland Expansion and Port of Long Beach. Valverde Construction, Inc. possesses extensive experience in all types of sewer, water and storm drain installation. Examples of such projects successfully completed (some consisting of work performed under extreme conditions) include such projects as: Port of Los Angeles - Underwater Storm Drain Installation, Disney's California Adventure Park - West Road Utility Relocations, and the Alameda Corridor Transportation Authority (ACTA) Alameda Mid -Corridor Trench Project. On the Alameda Mid -Corridor Project, Valverde Construction, Inc., Inc. assisted the Tutor -Saliba Team (Design/Build-Joint Venture) in designing, coordinating and installing the relocation of seventeen miles of utilities with eight different public agencies. Valverde Construction, Inc. has also undertaken projects with Cal -Trans such as I-5 Freeway (Anaheim) and the I-105 which involved numerous agencies. Los Angeles Metro Rail along with general contractors, Tutor -Saliba Corporation, Kiewit and Kajima continue to request the services of Valverde Construction, Inc. Inc. Possessing certification as a Minority Owned Business Enterprise (MBE) Valverde Construction, Inc. is an experienced Design -Build Contractor, which also provides a 24-hour Emergency Repair Service to several local agencies and private companies. VALVERDE CONSTRUCTION, INC. Gene, al Engineering Contracuns License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 < FAX: (562) 906-1918 STATEMENT OF QUALIFICATIONS President, Chief Estimator Valverde Construction, Inc. Experience 1977 to Present- Valverde Construction Inc Positions held include Construction Laborer, Foreman, Dispatcher, Estimator, Project Engineer, Project Manager, Office Manager, Chief Estimator, Vice President and President Last 20 years as the Chief Estimator specializing in heavy underground utilities. Education and Licenses University of Southern California - Civil Engineering Responsible Managing Officer- State of California License # 276469 Classifications: • A General Engineering Contractor • B General Building Contractor • C36 Plumbing Contractor • C10 Electrical Contractor • C16 Fire Protection Contractor Certified Alameda Corridor Railroad Roadway Worker Court recognized expert witness Memberships & Affiliations Member National Utility Contractors Association Member/Board of Director Engineering Contractors Association Member American Water Works Association Management Trustee Const. Laborers Trust Fund For So. Calif. Member International Foundation of Employee Benefit Plans Past Member Southern California Water Utility Association Past Member Crime Prevention Program of So. California Past Member Const. Laborers Local #300 VALVERDE CONSTRUCTION, INC. General Engineering Conijawns License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 Name and Title Christopher Valverde, Vice President, Project Manager Education 1983-1984 University of Southern CaliforniaLos Angeles, CA 1982-1983 Saddleback Community College Mission Viejo, CA 1979-1982 Sonora High School La Habra, CA Training/Certific Confined Spaced Entry, CPR, First Aid, BNSF/Metrolink/UP/SP Trained Railroad ation Worker Background 22 years experience in construction. Specializing in pipeline installation, 2 years Experience dispatcher, 3 years general laborer, 1 year foreman, 4 years Project Engineer, 12 years Project Manager Projects Los Angeles Department of Transportation Project Engineer & Traffic Control on Relocation of DWP Conduit Installation of light Rail Bridge — Waterline Rehabilitations • Project Manager—Replace and reline water mains throughout Marine Base Port of Los Angeles • Berths 302-305 American President Lines Terminal Project Manager Water, Sewer, Storm Drain Systems • New Dock Street Grade Separation • Seaside Avenue Navy Way Grade Separation Alameda Corridor Project • Mid -Corridor Design Build — Project Manager— Water, Sewer, Storm Drain Systems VALVERDE COATSTRUCTION, INC. General Engineering Cow, acro, s License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 ^ FAX: (562) 906-1918 STATEMENT OF QUALIFICATIONS y Corporate Secretary, Field Superintendent Valverde Construction, Inc. Ahron began his career with Valverde Construction in 1977, after successfully completing the Operating Engineers' Apprenticeship program with Local 12. Ahron was immediately place on the Board of Directors and worked as a foreman on several jobs. With hands on experience and on the job training he quickly moved up into the position of Field Superintendent. He represented Valverde Construction Inc. as Project Superintendent for several jobs located at the Port of L.A., which totaled over five (5) million dollars. The general contractors for some of these projects included Tutor -Saliba Corporation, AKD and Shawnan Corporation. The following is a list of some of the qualifications, certifications and work descriptions Ahron possesses. Also listed below are projects of which Ahron was given the responsibility of supervising, managing and/or consulting to assure a successful completion. • Graduate of Neff High School, La Mirada, California • Operating Engineers' Apprenticeship Program • Member of Operating Engineers, Local 12 • General Engineering Contractor's License No. 505399-A • Supervisory position on State and Municipal Projects • Responsible for Tracking, Maintaining and Reporting job costs • Dispatch Manager on Job Site as well as Corporate location • Equipment Supervisor • State certified First Aid and CPR • Carries a current Certification to work in confined space • Port of Los Angeles Expansion Project • East Los Angeles Phase I & II • Transmission Main, City of Anaheim • Century Freeway Sewer and Storm Drain, Caltrans • 1-5 Water Main, City of Anaheim VALVERDE CONSTRUCTION, !NC. t General Engineering Contractors License No. 276469 I 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 • FAX: (562) 906-1918 Statement of Background and Experience Michael (Mike) Valverde Field Superintendent & Corporate Treasurer Michael began his career with Valverde Construction in 1979, after successfully completing the Operating Engineers' Apprenticeship program with Local 12. Michael was immediately place on the Board of Directors and spent 7 years as a crew foreman. During his time in the field Michael became an expert was then promoted into the position of Field Superintendent by gaining experience and expertise in operating all types of heavy equipment. He represented Valverde Construction Inc. as Project Superintendent for several jobs. He is now a member of the Teamsters Local 986. The following is a list of some of the qualifications, certifications and work descriptions Mike possesses. Also listed below are projects of which Mike was given the responsibility of supervising, managing and/or consulting to assure a successful completion. • Operating Engineers' Apprenticeship Program • Member of Teamsters, Local 986 o General Engineering Contractor's License No. 505399-A • Supervisory position on State and Municipal Projects • Responsible for Tracking, Maintaining and Reporting job costs • Dispatch Manager on Job Site as well as Corporate location • Equipment Supervisor • State certified First Aid and CPR • Carries a current Certification to work in confined space O Port of Los Angeles Expansion Project • East Los Angeles Phase I & II • Transmission Main, City of Anaheim • Century Fwy Sewer and Storm Drain, Caltrans f 1-5 Water Main, City of Anaheim G Over 30 years of Construction experience OSHA 10 hour Training Certified Competent Person for Trenching and excavation VALVERDE CONSTRUCTION, INC. General Engineering Contraetor,e License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562)906-1826 o FAX: (562) 906-1918 Founder, Valverde Construction, Inc. Joe A. Valverde, with 43 years of construction experience is the president, founder and chief executive officer of Valverde Construction, Inc. (VCI) which has been in operations since 1972. A lifetime resident of the Los Angeles area Joe currently resides with his wife Rose Valverde, Treasurer of VCI, in the city of Whittier. Residing within the same vicinity are Joe's four sons whom also play significant roles in running the family business. Edward Valverde, President, Chief Estimator Christopher Valverde, Vice President, Project Engineer Ahron Valverde, Corporate Secretary, Project Engineer Michael Valverde, Treasurer, Field Superintendent Joe is a former member and former President of the Contractors' State License Board and current member of the Board of Directors of the Construction Industry Funds of Southern California. Joe Valverde is also an active member of the Engineers Contractors Association and former President and current Chairman of their Political Action Committee. Joe has also held the prestigious office of Executive Vice President for the World Boxing Hall of Fame. He was inducted into the California Boxing Hall of Fame in 2008 The following list describes only some of the awards and acknowledgments presented to, and graciously received by Mr. Joe A. Valverde. • Certificate of Achievement from Contractors License Board 10/19/94 • Inducted into the John C. Fremont High School Hall of Fame • Engineers Contractors Association Contractor of the Year Award - 1989 • Engineers Contractors Association DIG Award Recipient (Dignity, Integrity, • Award of Excellence-ELA Sheriff Youth Assistance League 1997 • Los Angeles County Sheriff Exemplary Service Award 1989 • Los Angeles County Sheriff Distinguished Service Award 1983 • State of California Senate Rules Committee Resolution 7/6/90 • City of Los Angeles Commendation 9/20/94 • California Legislature Assembly Resolution 10/13/94 • The Los Angeles Sheriff Athletics Association Award - 1993 • County of Los Angeles Commendation 10/13/94 • State of California Executive Department Appointment Certificate 9/19/83 Engineers Contractors Association Appreciation Service Award - 1991 Generosity) - 1994 • Certificate of Achievement John C. Fremont High School Hall of Fame - 5/29/98 • Contractor of the Decade - 1999 (Young Black Contractors Association of South Central) • 2000 MED Week Regional Minority Construction Firm of the Year • Inducted into the California Boxing Hall of Fame - 2008 VALVERDE CONSTRUCTION, INC. General Engineering Conn aciors License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906-1826 - FAX: (562) 906-1918 REFERENCES WATER DISTRICTS CONTACT TELEPHONE Cal Domestic Water Chey Venegas (562) 843-3349 La Habra Heights County Water District Jim Fry (562) 697-6769 La Puente Valley County Water District Todd Huff (626) 330-2126 Mesa Consolidated Water Mark Pelka (949) 574-1025 Orchard Dale Water District Jim Alvaney (562) 941-0114 Pico County Water District Mark Grajeda (562) 692-3756 Suburban Water Systems Tom Medina (562) 944-8219 Water Replenishment District Mario Garcia (562) 921-5521 Yorba Linda Water District Lynn Nuzman (714) 701-3000 CITIES & GOVERNMENT AGENCIES CONTACT TELEPHONE City of Bakersfield Raul Rojas (805) 326-3724 City of Duarte Steve Esbenshade (626)357-7931 City of La Habra Steve Castellanos (562)905-9792 City of La Palma Michelle Russo (714) 690-3310 City of Los Angeles John Haskett (213) 485-5864 City of Paramount Norman Manea (562) 220-2020 City of Santa Fe Springs John Price (562) 868-0511 City of Seal Beech Harlin Cheatwood (562) 431-2527 City of South Gate John Chambers (323) 563-5795 L.A. County Public Works Ocie Ransfer (818) 458-4070 L.A. County Sanitation Abdul Edouni (310) 830-8050 LAC USC Karina Ho (323) 890-7638 VA Hospital Long Beach Mike Espen (562) 519-3028 PRIME CONTRACTORS CONTACT TELEPHONE Tutor -Saliba Corp Ron Tutor (818)362-8391 Griffith Company Andrew Bruner (562) 929-1128 Evans Brothers Will Evans (925) 443-0225 Braaksma Construction Charlie Perez (909) 468-2010 Charles Licha Construction Jay G. Bauer (818)881-6300 McCarthy Builders Jim Metoyer (949) 851-8383 Shawnan Construction Shawn smith (562) 803-9977 Sinanian Development Greg Jones (818) 996-9666 Swinerton Builders RobertEager (949) 622-7000 BUSINESS ENTERPRISE CERTIFICATE VALVERDE CONSTRUCTION, INC 10936 SHOEMAKER AVE SANTA FE SPRINGS, CA 90670 Owner: BUSINESS OWNER Business Structure: CORPORATION STATE MINORITY BUSINESS ENTERPRISE This certificate acknowledges that said firm is approved by the California Department of Transportation as a State Minority Business Enterprise or State Women Business Enterprise (or in some cases both) in accordance with Assembly Bill Number 486, Chapter 1329 and the California Public Code, Chapter 2.5 (commencing with Section 2050), for the following NAICS codes: 238990 All Other Specialty Trade Contractors 327332 Concrete Pipe Manufacturing * 237310 Highway, Street, and Bridge Construction 238910 Site Preparation Contractors * Indicates primary NAICS code CERTIFYING AGENCY: DEPARTMENT OF TRANSPORTATION 1823 14TH STREET, MS 79 SACRAMENTO, CA 95814 0000 (916)324-1700 Firm Number: 1045 Ren )e:Sep 'mher1201) August 13, 2009 SANIC ALAIS , CERTIFYING AGENCY REPRESENTATIVE August, 06 2010 NOTICE OF VERIFICATION AND CERTIFICATION Paula Romanoski Valverde Construction Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 CICS Verification Order Number: 90ES0206 Congratulations, the Supplier Clearinghouse is pleased to inform you that in accordance with General Order 156, your business enterprise has successfully completed the verification process, and your company has received the following certification: MBE Your company will now be recognized by the Joint Utilities as a women and/or minority-owned business when competing fin procurements by public utilities participating in the Utility Supplier Diversity Program. Your Certification is valid for three years and you are required to re -verify your company's WMBE status at least 30 days prior to your expiration date. Please notify our office of any change in your address or contact information so that we can maintain your most current contact information. You must notify our office of any change in ownership and/or control of your company within 30 days of the change. Failure to provide that notification is in violation of section 8285 of the Public Utilities Code and could render your certification status invalid. If your company was verified and certified under the CAV (Comparable Agency Verification) process, your certificate status will expire on the same expiration date as that of the comparable agency except for SBA 8a Certificates that are valid for a seven year period. However, please note that the maximum verified certification period for the Supplier Clearinghouse is three years regardless of any CAV expiration date in excess of three years. The Supplier Clearinghouse may request additional information or conduct an on-site visit at any time during the term of your verified certification status. The Supplier Clearinghouse may reconsider your certification status and possibly rule invalid you verified status if it is determined that the status was knowingly obtained by false, misleading and/or incorrect information. Also note that if in a formal opinion, the California Public Utilities Commission determines that the WMBE verification criteria under which you were deemed eligible is no longer valid, then your status may change or you may be required to comply with the change to maintain eligibility. Thank you for participating in the Utility Supplier Diversity program. We wish you much success in your business endeavors. Feel fiee to contact our office if you have questions, or visit our website at www,thesupplierciearinghouse com. The Supplier Clearinghouse Dennis A. Tafoya Director July 27, 2010 COUNTY OF LOS ANGELES OFFICE OF AFFIRMATIVE ACTION COMPLIANCE JOE VALVERDE VALVERDE CONSTRUCTION, INC. 10918 SHOEMAKER AVE SANTA FE SPRINGS, CA 906704533 Dear JOE VALVERDE: Kenneth Hahn Hall of Administration 500 West Temple Street, Room 780 Los Angeles, California 90012 (877) 669-CBES / FAX (626) 457-3112 TDD (626) 293-5708 Website: http://oaac.cola.ca. us Address all correspondence to CONTRACT COMPLIANCE 1000 S. Fremont Avenue Building A-9 East, 1st Floor Mail: Unit #24 Alhambra, CA 91803-8862 Vendor#: 50564201 Congratulations! Your business is now certified as a County of Los Angeles Local Small Business Enterprise (Local SBE). Your Local SBE certification is valid until May 31, 2011 . Your business is eligible for the Local SBE Preference Program consideration in those County of Los Angeles solicitations which include the "Request for Local SBE Preference Program Consideration" form. You must complete the form and provide your Vendor Number in your bid/proposal for each response to receive the preference. Additionally, the Board of Supervisors established a "Countywide Small Business Payment Liaison and Prompt Pay Program". As a certified Local SBE, your company is now eligible for a 15 -day prompt payment. Please call the Office of Small Business at (323) 881-3603 to make an appointment to receive your free Prompt Payment Stamp and instructions. The County of Los Angeles Office of Affirmative Action Compliance reserves the right to request additional information and/or conduct an on-site visit to verify any documentation submitted by the applicant. If there are any changes in the State of California Office of Small Business and DVBE Certification (OSDC) SBE status, ownership, control of the firm or principal place of business during the certification period, you are required to notify this office and the OSDC immediately. Again, congratulations on your certification. If you have any questions about the Local SBE Program, visit our website at http:/Joaac.co.]a.ca.us/SBEMain.htm or call Local SBE Customer Service at (877) 669-CBES. Sincerely, DENNIS A. TAFOYA DIRECTOR OZIE L. SMITH Senior Deputy Compliance Officer DAT:OLS "To Enrich Lives through Effective and Caring Service" DENNIS A. TAFOYA DIRECTOR August 7, 2009 COUNTY OF LOS ANGELES OFFICE OF AFFIRMATIVE ACTION COMPLIANCE KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET, ROOM 780 LOS ANGELES, CALIFORNIA 90012 (213) 974-1080 / FAX (213) 626-7034 TTY (213) 974-0911 HTTP://OAAC.CO.LA.CA. LIS Mr. Joe A. Valverde, President Valverde Construction, Inc. P.O. Box 3242 Santa Fe Springs, CA 90670 Dear Mr. Valverde: MEMBERS OF THE BOARD GLORIA MOLINA MARK RIDLEY THOMAS ZEV YAROSLAVSKY DON KNABE MICHAEL D. ANTONOVICH Address all correspondence to: Affirmative Action/Diversity Programs 1000 S. Fremont Avenue Building A-9 East 1" Floor Mail Unit: #24 Alhambra, CA 91803-8862 CBE Program ID# 29513 Status: MBE Congratulations! Your firm has been certified as an eligible participant in the County of Los Angeles Community Business Enterprise (CBE) Program. This certification is valid until July 2, 2011. The County of Los Angeles Office of Affirmative Action Compliance reserves the right to request additional information and/or conduct an on-site visit at any time during the certification process to verify any documentation submitted by the applicant. If there are any changes during this certification period, you are required to notify this office immediately. Thank you for registering your business with the County's Vendor Registration website (WebVen) at http://camisvr.co.1a.ca.us/webven. You are now eligible to participate in the County's on-line access to open bids, be placed on bid lists generated by County departments looking for prospective vendors and periodically be notified automatically by email of County bids by specific commodities/services. Again, congratulations on your certification. If you have questions, please call (877) 669-CBES and refer to the identification number above. Sincerely, DENNIS A. TAFOYA Director `�"%*,— \.% Robert Valdez Senior Deputy Compliance Officer DAT: RV "To ENRICH LIVES THROUGH EFFECTIVE AND CARING SERVICE" Dear Edward Valverde, Congratulations on winning the 2008 AGC Marvin M. Black Excellence in Partnering Award, YOUr involvement on the St. Joseph Hospital Patient Care Center has earned this project national recognition and distinction. The involvement of every team member on this project was equally important and pivotal in the success of the project. McCarthy Building Companies, Inc. would like to thank you for your hard work as we continue to build structures together such as the St. Joseph Hospital Patient Care Center, which impact the lives of our communities' residents so greatly. The enclosed certificate should serve as a constant reminder of what a crucial stakeholder you were in malting this partnering project a success. Sincerely, Bruce Nelson Vice President, Business Development THE ASSOCIATED GENERAL CONTRACTORS OF AMERICA 2008 MARVIN M. BLACK EXCELLENCE IN PARTNERING AWARD Presented to Valverde Construction For Successful Application of the Principles of Partnering in the Construction of the St. Joseph Hospital Patient Care Center Principles of Partnering Trust - Commitment - Equity 4j�.�tL The Associated General Contractors of America Chief Executive Officer BOARD OF F'UFLIC WCFKQ. 80ARD OF PUBLIC WORKS CYNTHIA M. RUIZ PAEEi0E4T VALERIE :YNN� SHAW VICE?RE&OEM PAULA DANIELS ERNESTO CARDENAS JULIE 8. OUTMAN ep C1 tul_Ir i.:U� r.UZ CITY OE LOS ANGELES CALIFORNIA To Whom It May Concern: ANTONIO R. VILLARAIGOSA MAYOR September 21, 2007 DEPARTMENTOF PUBLIC WORKS JAMES A. GIBSON E Cu"SCPP�A 200 NORTH SPRING STREET ROOM 30 LOS ANGEL E3, CA 90012 TEL: (213)978-0282 TDD (213)978-23-o 9AX. (213)078-0179 The Valverde Construction Company has worked on construction projects for the City of Los Angeles for the past; thirty years. In this capacity, Valverde Construction Company has performed in an out3tanding manner and has participated in many successful major projects. Valverde Construction Company is the epitome of responsiveness and quality service in its delivery of Construction projects. If you need additional information, please do not hesitate to call me. Sincerely, r aAM . BSON, Exdcutive Officer Board of Public Works AN EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER State Of California CONTRACTORS STATE LICENSE BOARD� ` ' G4lania••"••"`A, nnOke*entW Consumer ACTIVE LICENSE �a .affairs \�.r bi ,sehUmie, 216469 Entity COMP Biisiness VALVERDE CONSTRUCTION INC Classifioatim(s) C 16 A B C 10 C 3 6 SLB Expiration Date 01/31/2011 {/31/201J Tutor-Safiba CORPORATION FT A CONTRACTORSIENGINE _RS 15901 Olden Street TEL (8181 362-8391 California Connector's license #425538 Sylmar. CA 91342 FAX (818) 3675379 Neveae Conirecler's License #0020501 September 20, 2007 To Whom It May Concern: Over the last thirty years, Valverde Construction Inc. has supported numerous multi- million dollar projects including the Alameda Corridor, Van Nuys Flyaway, Central Los Angeles High School and other major projects. Valverde has made a tremendous effort to complete projects on time and is a valuable subcontractor in the construction industry. Tutor -Saliba Corporation truly appreciates Valverdds years of service and look forward to a continued business relationship. Sincerely, TUTOR-SALIBA CORPORATION (i0� Ronald N. Tutor President A CERTIFICATE OF LIABILITY INSURANCE OF ID KU DATE IMMIDDf Andreini & Company -South Coast License 0208825 One MacArthur Place, Suite 100 ith Coast Metro CA 92707 one: 714-327-1400 Fax:714-327-1499 Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs CA 90670 VALVE -1 07/30, THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE i NAIC # NSURERA. Travelers Property Casualty j 36161 INSURER B. seabrvybt Insurance company _ _1_556_3_ INSURER C r INSURER 0. — ----- ------ INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRVDD' LTR INSRD T 4 TYPE OF INSURANCE POLICY NUMBER oLTEV EFF DATE (MMIOD/YYYY)IDATE POLICrEXPIRA IMM/OD/YYYYI LIMITS GENERAL LIABILITY I I EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE � OCCUR DTEL05192M234TIL10 08/01/10 08/01/11 r"UAMlAGETD"RENrED PREMISES(Eaocwrence) $ 300000 MED EXP (Any one person) $ Excluded PERSONAL &ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 GEN'L AGGREGATE PRODUCTS - COMPIOP AGO $2000000 I POLICY X 4LOC -' AUTOMOBILE X LIABIA ANYAU70105192M234TCT10 08/01/10 08/01/11 CO accident) flEsCOMBmEDSINGLEUWT $1000000 I X X ALL OWNED AU SCHEDULED AUTOS BODILY persorINJURY I (Per person) $ HIRED AUTOS NON -OWNED AUTOS X X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EAACCIOENT $ i ANY AUTO EA ACC OTHER THAN $ AUTO ONLY: AGE EXCESS I UMBRELLA LIABILITY EACH OCCURRENCE $5,000,000 A X OCCUR CLAIMS MADE pxsMCOe-5192M234Tm10 07/31/10 08/01/11 AGGREGATE DEDUCTIBLE RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OFFICER/MEMBOERIEXCLUDED?ECUTIV� $$1100213 01/01/10 01/01/11 X TORY LIMITS E EL EACH ACCIDENT E.L. DISEASE -EA EMPLOY (Mandatory in NH) If yes, describe under EL.DISEASE - POLICY LIMI SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS The CANCELLATION notice herein is amended to read 10 Days as respects any cancellation due to nonpay of premium. LICKI U1pI AIC MULUCK CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR Sample Certificate REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Cei"1988=2009 ORV-CORPOMATION. All rights reserved. The ACORD name and logo are registered marks of 4CDftD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25(2009/01) Valverde Co nstruc i, c, fit's Loing H,story of erv�ce Earns Av,rards, Respect Now Joe Valverde took a small construction company (himself and two employees) and grew it to what it is today, a respectable company that averages about 60 employees with annual earnings of $10 million, is a story filled with experience, commitment, and firm ideals. One of those ideals, service to society, began in the service. -Joe was a gunner in a tank unit, and as a crewman, lie learned all about the mechanics of tanks. His first job out of the military was for the bus company, Continental Trailways, where be was an assistant mechanic. About a year later, he added to his experience by hauling for Asbury Contractors. As he recalls, this was in 1960. He dismantled equipment and hauled it around on lowbeds. This landed him a job as a lowbed driver for an equipment dealer. He eventually worked his way up to the sales manager position. About this time he hearkened to a desire to start his own company. His first idea, water and sewage treatment, which required mechanical expertise, was dashed upon the formidable rocks of the enormous bonding required for such construction. So, he and his three-man crew -himself included -began working on pipelines for sewers and stone drains. Valverde Construction officially began work on May 22nd, 1971 Some of these first small jobs were done for the Navy, and small towns all over California. .Doe Valverde, Founder Valverde Construction, Inc. r s e Valverde Construction on the Alameda Corridor Project. Their contract included fitting. in sewer, water and storm drains within an I I mile area that is known as the Mid -Corridor Project. Valverde Construction owns most of their equipment, but will rent from dealers, rental yards, and rental companies should the need arise. Joe has personal savvy on this subject, and comments, "When we get ready to buy a piece of equipment, we first look into the durability and capability of each individual piece, as well as the cost and resale value. With my equipment background,) am usually able to get the best deal on each specific piece of machinery." Joe Valverde is very active in a boxing program through the Los Angeles County Sheriffs Office. He has trained boxers and traveled all over the world, and was once an amateur and professional boxer. He currently sits as a Board Member of the World Boxing Hall of Fame. This is still a family business. Joe is still active in the company and comes in every clay. Joe's four sons have taken over major roles; Edward Valverde is President and Chief. Estimator, Chris Valverde is Vice President and Project, Manager, Ahron Valverde is Corporal:e Secretary and Yard Superintendent and Mike Valverde is Treasurer and the Field Superintendent. Port of Los Angeles where Valverde Construction performed seven different sewers, water and storm drain projects that totaled approximately $24 million. Valverde Construction has been involved in underground construction since 1972. Their General Engineering and Pipeline Division installs underground systems, sewers, waterlines and storm drains for public agencies and private developers. Joe also allows time for his volunteer work. hle is an active volunteer with the Los Angeles County Sheriffs Office; and he is involved in helping the City of hope organize an annual boxing event called the "Fight for Life." He also served on the Contractors State License Board for eight years. And he is.a past president of the Engineering Contractors Association. His service to community doesn't end there. Joe has been active with the police athletic programs such as the California Police Summer Games, and the World Police and Hire Games. He has been active in a boxing program through the Los Angeles County Sheriff s Office. And he has trained boxers and traveled all over the world with them. Perhaps you are wondering, why the focus on boxing? Joe Valverde was once an amateur and professional boxer. Joe was recently inducted into the California Boxing [-fall of Fame. Well, what does this busy, successful man do for recreation? Joe and his wife, Rose, love to travel. Tbey have traveled all over Europe -And they have visited Australia, New Zealand, Mexico, and Canada. Port of Los Angeles where Valverde Construction performed severe different sewer, water and storm drain projects that totaled approximately $24 million. With this brief glimpse into the personal and professional life of Joe Valverde, it is easy to see why Valverde Construction is one of the most respected contractors in southern California; and is well known for its solid work ethic and wealth of experience. Joe and his company are truly examples of how hard work; generosity and professionaiism help make the southern California construction industry what it is today. 40 Iopgr�7yp� /yTpyq EXHIBIT B SCHEDULE OF BILLING RATES EXHIBIT B Page B-1 Prevailing Wage Rates 7/01/2010 to 6/3012011 for V I Craft CARPENTER Time ST OT DT BASE Bse Rate 37.35 56.03 ]4.]0 RATE Vacation 3.30 3.30 3.30 $VACBENEFITS Subtotal 40.65 59.33 78.00 H 8 W 3.95 3.95 3.95 a verde Pension�4.ppfTra' 2.91 2.91 2.91 Construction Co 0.42 0.42 0.42 Inc. -Ad F l 0.06 0.06 0.06 d /EC 0.28 0.28 0.28 S bt all 7.62 7.62 7.62 PAYROLL FICA TAXES FU 8 SU &INSURANCE k Com Liab, Ins. Sobtolal TOTAL RATE CAR 7.65% $ 0.25 6.60% 25.1°a 3.11 0.25 2.68 70.18 4.54 0.25 3.92 10.18 5.9] 0.25 5.15 10.18 18.89 16.22g"17 21.5510717 64.49 85.84 CMF Cement Mason Finisher ST OT DT 29.50 44.25 59.00 5.83 5.83 5.83 35.33 6.92 6.92 6.92 3.33 3.33 3.33 5.76 5.76 5.76 4.95 4.95 4.95 1.15 115 115 fi.00 6.00 600 0.45 0.45 0.45 0.64 0.64 064 0.64 0.64 0.64 0.07 0.07 0.07 - - 0.0] 0.07 0.07 1.78 1.78 1.78 I 14.17 14.17 14,17 5.39 5.39 5.39 12.75 12.75 12754.67 2.70 3.83 4.96 0.25 0.25 0.25 2.33 3.31 4.28 8.85 8.85 8.85 14.1363.63 16.24 18.34 DT (S)97,34 g0,gg 50.08 64.83 ST 24.93 2.52 Lahprer Apprentice 6th Period OT 37.40 252 49,86 2.52 27.45 3992 5238 32.32 46.fi8 61.04 2.10 0.25 1.81 6.88 3,05 025 2.63 6.88 4.01 0.25 3.46 6.88 247 025 2.13 8.10 3.57 0.25 3.08 8.10 0.25 4.03 8.10 11.04 12.81 1460 1295 15.00OT 17.05 ST ($)5802 ($) OT($)90.84 43.88LAP6 58.12DT 72.37 7q.43 LCF2 ST 28.72 3.60 Laborer Foreman C2 (Tapia) OT 43.08 3.60 DT 57.44 3.60 LGF7 Laborer Foremanl(Montano) ST 07 27.29 40.94 54.58 3.60 3.60 3.60 30.69 4454 5818 5.76 576 5.76 600 6.00 6.00 0964 0.64 064 0,07 0.07 007 12.75 12.75 12.75 2.36 3.41 4.45 0.25 0.252,94 0.25 2.04 3.84 7.]4 7,74 7.74 12.39 14.34 16.28 ST ($) OT($) DT (S) 56.03 7163 87.21 LF1A Laborer Foreman 1A (Ortiz, Carreon) ST OT DT 34.48 51.72 68.96 3.60 3.60 3.60 38.08 55.32 72.56 40.33 58.70 77.06 29.93 43.10 56.26 3D.48 43.92 57.36 5.76 5.76 5.76 000 6.00 6.00 0.64 0.64 0.64 0.07 0,07 0.07 0.28 0.28 0.28 12.75 12.75 12.75 2,91 4.23 5.55 0.25 0.25 0.25 2.51 3.65 4.79 9.54 9.54 9.54 15.21 17.67 20.13 ST ($) OT ($) 0T ($) 66.04 85.74 +.05.44 LGF3 ST 36.73 3.60 FOREMAN 3 (R.Munoz) OT 55.70 3.60 DT 73.4fi 3.60 5.76 600 0.64 0.07 0.28 5.76 6.00 0.64 0.07 0.28 5.76 6.00 O.fib 0.07 0.28 5.76 6.00 0.64 0.07 0.28 5.76 6.00 0.64 0.07 028 5.76 6.00 0.64 0.07 0.28 5.76 6.00 0.64 0.07 0.28 5.76 6.00 0.64 0.07 0.28 5.76 6.00 0.64 0.07 0.28 12,75 12.75 12.75 12.75 12.75 12.75 12.75 12.75 12.75 3.09 0.25 2.66 10.10 4.49 0.25 3.87 10.10 5.90 0.25 5.09 10.10 2.29 0.25 1.98 7.50 3.30 025 2.84 7,50 4.30 0.25 3.71 7.50 2,33 0.25 2.01 7.64 3.36 0.25 2.90 7.64 4.39 0.25 3.79 7.64 16.10 18.71 21.34 12.02 13,89 15.]6 12.23 14.15 16.07 ST ($) OT ($) DT ($) ST ($) OT ($) DT ($) ST ($) OT ($) DT ($) 69.18 90.16 111.15 54.70 69.74 84.]7 55.46 70.62 86.18 LG1 LG2 ST 26.33 3.fi0 GEN. LABORER GROUP 1 OT 39.50 3.60 DT 52.66 3.60 ST 26.88 3.60 GEN. LABORER GROUP 2 OT 40.32 3.60 DT 53.]6 3.60 LG4 PIPELAYER GROUP 4 ST OT DT 28.98 43.47 57.96 3.50 3.60 3.60 32.58 47.07 61.56 32.93 47.60 62,26 5]6 5.7fi 5.76 6.00 6.00 6.00 0.64 0.64 0.64 0,07 0.07 0,07 0.28 0.28 0.28 12.75 12.75 12.75 2.49 3.60 q71 0.25 0.25 0.25 2.15 3.11 4.06 8,16 8.16 8.16 13.05 15.12 1718 ST(S) OT ($) 58.38 ]4.94 LG5 ST 29.33 3.60 PIPELAYER GROUP 5 OT 44.00 3.60 DT 58.66 3.60 S.7fi 6,00 0,64 0.0] 0.28 5.76 6.00 0.64 0.07 0.28 5.76 6.00 0,64 0.07 0.28 1275 12.75 12.75 2.52 0.25 2.17 8.25 3.64 0.25 3.74 8.25 4.76 0.25 4.11 8.25 13.19 15.28 17.37 DT ($) ST ($) OT ($) DT ($) 91.49 58.87 75.63 92.38 O10C GROUP tOC (Mike V) ST OT DT 38.88 58.32 77.76 2.82 2.82 2.82 41.70 61.14 80,58 8.20 8.20 8.20 5.55 5.55 5.55 0.65 0,65 0,65 - - - 0.24 0.24 0.24 14.64 14.64 14.64 3.19 4.68 6.15 0.25 0,25 0.25 2.75 4.04 5.32 10.45 10.45 10.45 16.64 1942. 22. i8 ST ($) OT ($) DT ($) 72.98 95.20 11].40 OG8 GROUP e ST OT DT 39.72 59.58 ]9.44 2.82 2.82 2.82 42,54 62.40 82.26 8.20 8.20 8.20 5.55 5,55 5.55 0.65 065 0.65 - - 0.24 0.24 0.24 14.64 464 14.64 3.25 44 4.77 6.29 0.25 0.25 0.25 2.81 4.12 5.43 10.66 10.66 10.66 16.97 1980. 22.63 ST (S) OT ($) DT ($) 74.15 96.84 119.53 O10A GROUP 10A (M. EGIGIAN) ST OT DT 41.44 62.16 82.88 2.82 2.82 2.82 44.26 64.98 85.70 8.20 8.20 8.20 5.55 5.55 5.55 0.65 0.65 0.65 0.24 0.24 0.24 14.64 14.64 14.64 3.39 4.97 6.56 0.25 0.25 0.25 2.92 4.29 5.66 11.09 11.09 11.09 17.65 2060. 23.56 ST ($) DT ($) 76.55 123.90 SDF GEN. FORE. (R. Roybal) ST OT DT 34.34 51.51 68.68 3.75 3,75 3.75 38.09 55.26 72.43 5.76 5,76 5.76 4.60 4.60 4.60 O.fi4 0,64 0.64 0.12 0.12 0.12 0.20 0.20 0.20 11.32 11.32 11,32 2.91 4,23 5.54 0.25 0.25 0,25 251 3.65 4.78 9.54 9.54 9.54 15.21 1267 20.11 OT (S) 103.86 TFC FOREMAN (Shirley) ST OT DT 30.40 45.60 60.80 2.60 2.60 2.60 33.00 48.20 63.40 10.52 10.52 10.52 5.00 5.00 5.00 0.92 0.92 0.92 0.08 0.08 0.08 0.57 0.57 0.57 17.09 17,09 17,09 2,52 3 69 4.85 0.25 0.25 0.25 2.18 3.18 4.18 8.27 8.27 827 13.22 15.39 17.55 ST ($) OT (S) OT ($) 63.31 80.68 98.04 TF1 FOREMAN (Dosek) ST OT DT 28.40 42.60 56.80 2.60 2.60 2.60 31.00 45.20 59.40 10.52 10.52 10.52 5.00 5.00 5.00 0,92 0.92 0.92 0.08 O.OH 0.08 0.57 0.57 0,57 17.09 iZ09 17.09 2.37 3.46 4.54 0.25 0.25 0.25 2.05 2.98 3.92 7.]] 777 7.77 12.44 14.46 16.48 ST ($) OT ($) DT ($) 60.53 76.75 92.97 iTD ToTRUCK DRIVER SPEC ST OT OT 28.94 43.41 57.88 2.60 2.60 2.60 31.54 46.01 60.48 10.52 10.52 70.52 5.00 5.00 5.00 0.92 0.92 0.92 0.08 0.08 0.08 0.57 0.57 0.57 17.09 17.09 17.09 2.41 3.52 4.63 0.25 0.25 0.25 2.08 3.04 3.99 7.90 7.90 7.90 12.64 14.71 16.ii ST S) OT ($) DT $J 61.27 ]7.81 94.3a VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2010 Plus 15% mark up UNIT # EQUIPMENT DESCRIPTION Rate 1 -Jul -10 AB ARROWBOARDS AB0014 WANCC SOLAR ARROWBOARD 9.38 PER HOUR AB0015 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0016 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO17 WANCO SOLAR ARROWBOARD 9.38 PER HOUR A60018 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABO019 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0020 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR AB0021 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR AB0022 NATIONAL SIGNAL MESSAGE BOARD 1 9,451 PER HOUR AB0023 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR BH BACKHOES BH0018 CATERPILLAR 416C BACKHOE 47.30 1 PER HOUR BH0019 CASE 590L BACKHOE 51.92 PER HOUR BH0020 CAT BACKHOE 430D 41.59 PER HOUR BH0021 CAT BACKHOE 4466 1 64.961 PER HOUR BH0022 CAT BACKHOE 446B 64.96 PER HOUR BH0023 CAT BACKHOE 4468 64.96 PER HOUR BH0024 CAT BACKHOE 446B 64.96 PER HOUR BH0025 CAT BACKHOE 420D 47.11 PER HOUR BH0026 CASE 5905 BACKHOE 51.92 PER HOUR CP COMPRESSORS CPo001 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0002 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0003 CompAir Q175 COMPRESSOR 19.37 1 PER HOUR CP0004 CompAir 0175 COMPRESSOR 19.37 1 PER HOUR CP0005 CompAir Q175 COMPRESSOR 19.37 1 PER HOUR CP0006 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0007 CompAir 0175 COMPRESSOR 19.37 PER HOUR CP0008 CompAir 0175 COMPRESSOR 19.37 1 PER HOUR CP0009 CompAir Q175 COMPRESSOR 1 19,371 PER HOUR CP0010 CompAir Q175 COMPRESSOR 1 19.371 PER HOUR FL FORKLIFTS FL0004 CAT DP40K-D 55.81 PER HOUR LD ILOADERS LD0006 I JOHN DEERE 544H LOADER 64.77 PER HOUR LD0008 I JOHN DEERE 444H LOADER 54.72 PER HOUR LD0009 CASE 570 LXT 4WD LOADER 38.37 PER HOUR LT LIGHT TOWERS LT0001 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0002 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 1 PER HOUR LT0003 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0004 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0005 ALLMAND NL PRO 11.81 PER HOUR PU PUMPS P00002 GRIFFIN 6" TRASH PUMP 29.69 PER HOUR P00003 PT3A 3" 21.94 PER HOUR P00004 MULTIQUIP QP -40TH 4' 25.44 PER HOUR P00005 GRIFFIN 8" DIESEL PUMP 29.69 PER HOUR P00006 HYPRO 3/4" 5210C -R TEST PUMP 16.41 PER HOUR P00007 HYPRO 3/4" 521 OC -R TEST PUMP 16.41 PER HOUR RO ROLLERS/COMPACTION WHEELS RO0001 CATERPILLAR CB224C ROLLER 33.59 PER HOUR R 0000 CATERPILLAR 214C ROLLER 29.44 PER HOUR R 0000 I/ R SD40FD COMPACTION ROLLER 55.29 PER HOUR Plus 15% mark up VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2010 UNIT # I EQUIPMENT DESCRIPTION Rate 1 -Jul -10 TK ITRUCKS 1993 Ford F-250 21.41 PER HOUR 2003 Chevy S2500 P.U. 21.41 PER HOUR 2003 Dodge 1500 21.41 PER HOUR 2007 Ford F-150 XCAB 2141 PER HOUR 2007 Ford F-150 XCAB 21 41 PER HOUR f 1994 Ford F-250 21.41 PER HOUR 1997 Ford F-150 21.41 PER HOUR 2008 Dodge Ram 2500 Reg.Cab 24.43 PER HOUR 2000 Che2500 PU 24.43 PER HOUR 1999 Chevy C2500 24.43 PER HOUR TK6081 1997 Chevy C2500 24.43 PER HOUR TK6726 2008 Ford F-250 Reg. Cab 24.43 PER HOUR TK6727 2008 Ford F-250 Reg. Cab 24.43 PER HOUR TK7057 1997 Ford F-450 26.44 PER HOUR TK7379 2003 Ford F-350 + welder + compressor 36.04 PER HOUR TK8353 2000 Chevy 3500 26.44 PER HOUR TK1822 1 2004 Ford F-450 + welder + compressor 40.67 PER HOUR TK3513 2008 Ford F-450 + welder + compressor 40.67 PER HOUR TK3514 2008 Ford F-450 + welder + compressor 40.67 PER HOUR TK3515 2008 Ford F-450 + welder + compressor 40.67 PER HOUR TK3516 2008 Ford F-450+welder +compressor 40.67 PER HOUR TK4101 1997 Ford Super Duty Truck 29.95 PER HOUR TK6007 2004 Ford F-450 + welder+ compressor 40.67 PER HOUR TK9099 2004 Ford F-450 + welder + compressor 40.67 PER HOUR TK4559 2003 Ford F-550 + welder+ compressor 43.02 PER HOUR TKO014 TKO015 89' FORD 5-6 YARD DUMP TRUCK 97' FORD LT9513 10 WHL DUMP TRUCK 50.46 64.77 1 PER HOUR PER HOUR TK0222 91 PETERBUILT 379 10 WHL DUMP TRUCK 64.77 PER HOUR TK5561 87' GMC C7 5-6 YARD DUMP TRUCK 50.46 PER HOUR TK TRA LER 2 AXLE - 8 TIRE 16.24 PER HOUR TK4040LP TRAILER 2 AXLE - 8 TIRE 1 16.241 PER HOUR VP IVIBRATOR PLATES VP0001 I WACKER GAS (vibrator plate) 8.75 PER HOUR VP0002 I WACKER GAS (jumping jack) 8.75 1 PER HOUR VP0003 WACKER GAS (jumping jack) 8.75 PER HOUR VP0004 MULTI QUIP (vibrator plate) 8.75 PER HOUR VP0005 WACKER DIESEL (jumping jack) 8.75 PER HOUR WT IWATER TRUCKS WT0002 92' FORD 1800 GALLON WATER TRUCK 46.90 PER HOUR WT0003 92' FORD F700 1800 GALLON WATER TRUC 46.90 PER HOUR MS MISCELLANEOUS MS0002 INDEPENDENT WET BORE 2927 25.00 PER HOUR MS0003 I/R WET BORE 44SL 25.00 PER HOUR MS0004 3"-12" HOT TAP MACHINE 26.25 PER HOUR MS0005 ASPHALT ZIPPER 87.17 PER HOUR MS0008 DYNAMATION GAS DETECTOR 929A 18.75 PER HOUR MS0013 LEE BOY TACK SPRAYER 19.69 PER HOUR MS0014 MECO 35HP CONCRETE SAW 17.70 PER HOUR MS0018 AP 25 VENTILATION BLOWER 9.26 PER HOUR MS0019 AP 12 VENTILATION BLOWER 7.86 PER HOUR MS2495 LEE BOY L150 TACK SPRAYER 39.38 PER HOUR MS0150 ARROW HAMMER HJ125OR 7.03 PER HOUR MS0900 RIVET BUSTER 6.00 PER HOUR MS0901 CONES/DELINEATORS 0.35 PER DAY/EA MS0902 POWDER PUFF (60 Ids) 4.75 PER HOUR MS0903 SIGNS 4.00 PER DAY MS0904 90# JACKHAMMER 4.75 PER HOUR MS0905 60#JACKHAMMER 4.75 PER HOUR MS0906 CLAY SPADE 6.56 PER HOUR MS0907 HIGH LEVEL FLAG TREE 6.00 PER DAY MS0908 3" & 4" TRASH PUMP 21.94 PER HOUR Plus 15% mark up VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2010 UNIT # EQUIPMENT DESCRIPTION Rate 1 -Jul -10 MS0909 SAWTRUCK & SAW (15000 GVW, 35HP) 29.951 PER HOUR MS0910 GANG TRUCK (15,000 GVW) 29.951 PER HOUR MS0911 GENERATOR (6.5 KW) 11.81 PER HOUR MS0912 BLOWER W/HOSE 6.63 PER HOUR MS0914 2" TRASH PUMP (1260 GPH) 5.09 PER HOUR MS0915 2" SUBMERSIBLE PUMP (1260 GPH) 5.09 PER HOUR M30916 50' AIR HOSE 1.00 PER HOUR MS0917 CUTOFF SAW 3.21 PER HOUR MS0918 50' FIRE HOSE 2 1/2" 0.95 PER HOUR MS0919 CONFINED SPACE PACKAGE 4.20 PER HOUR MS0920 CHIPPING GUN (25 Ibs) 5.25 PER HOUR MS0921 ROTOR HAMMER 6.50 PER HOUR MS0922 GENERATOR 45 KW KVA 16.08 PER HOUR MS0923 BARRICADE W/FLASHER LITE 0.44 PER DAY/EA MS0924 18" & 24" MOUNTED COMPACTOR WHEEL 1.95 PER DAY/EA Plus 15% mark up REPAIR SERVICES AGREEMENT WITH W. A. RASIC CONSTRUCTION COMPANY, INC. FOR UNDERGROUND UTILITY REPAIR SERVICES THIS REPAIR SERVICES AGREEMENT ("Agreement") is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and Charter City ("City"), and W. A. RASIC CONSTRUCTION COMPANY, INC., a California corporation, whose principal place of business is 7314 Scout Avenue, Bell Gardens, California 90201 ("Contractor'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City requires repair services for underground water and sewer utility infrastructure on an as -needed and emergency basis. C. City desires to engage Contractor to perform underground utility repair services throughout the City on water and sewer infrastructure on an as -needed and emergency basis ("Project"). D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by the City for the Project, and is familiar with all conditions relevant to the performance of services and has committed to perform all work required for the price 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 above written date, and shall terminate on the 30th day of November 2012, unless terminated earlier as set forth herein. 2. SCOPE OF SERVICES Contractor shall provide "as -needed" and "emergency" repair services as described in the Scope of Services attached hereto as Exhibit 'A' and incorporated herein by this reference (the "Services" or "Work"). As a material inducement to the City entering into this Agreement, Contractor represents and warrants that Contractor is a provider of first class Work and Contractor is experienced in performing the Work contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the Work required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar Work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, equipment and all utility and transportation services necessary for the Project. Upon verbal or written request from the City's Project Administrator (as defined in Section 6 below), Contractor may be required to provide a letter proposal for Services requested by the City (hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall include the following: A. A detailed description of the Services to be provided; B. The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; C. The estimated number of hours and cost to complete the Services; and D. The time needed to finish the specific project. No Services shall be provided until the Project Administrator has provided written authorization to proceed with the Services as described in the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the Work described in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. W. A. Rasic Construction Company, Inc. Page 2 a 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand -delivery or mail. COMPENSATION TO CONTRACTOR City shall pay Contractor for the Services on a time and expense not -to -exceed basis, in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit 'B' and incorporated herein by reference. Contractor's compensation for Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed the fees identified in the individual letter proposals, as approved by the Project Administrator or City Manager, as appropriate. No rate changes shall be made during the term of this Agreement without the prior written approval of the City. Contractor shall be allowed to submit annual rate adjustment requests to the Project Administrator (as defined in Section 6 below) not to exceed two and one half percent (2.5%) increase from the prior year's rates. Contractor shall provide sixty (60) days prior written notice to City of any such annual rate increase. City shall provide written acceptance or rejection of such notice of rate increase. The total annual compensation paid to Contractor pursuant to this Agreement shall not exceed One -Hundred Thousand Dollars and No Cents ($100,000.00) per Agreement year for all Services provided by Contractor. 4.1 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's invoices shall include the name of the person and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the letter proposal to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than actual costs and/or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by Project Administrator to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would W. A. Rasic Construction Company, Inc. Page 3 be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit'B'. 5. WORK DEFICIENCIES AND CORRECTIONS 5.1 The Contractor's performance will be evaluated on a regular basis. When problems are identified, the Project Administrator will notify Contractor. If issues are serious or go unresolved, a "Notice of Deficiency" will be issued to Contractor in writing. This notice will detail the issues and give a cure period to resolve them. 5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the timeframe specified by the City may, in the City's sole discretion, result in action being taken by the City, including, but not limited to, (a) withholding payment for the subject deficiency until the work is completed; (b) correcting the deficiency (using the City's own work force and/or by contracting out) and deducting any associated costs plus overhead incurred thereby from the total monthly compensation due the Contractor; (c) contracting with another Vendor to perform the maintenance and other Services required for the remainder of the term of the Contract; (e) terminating the agreement; and/or (f) taking any other action and exercising any other legal remedy available to the City under law. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt, Utilities Operations Manager or his designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE 7.1 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 unless approved in advance by the Project Administrator. 7.2 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 Professional Standards. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8. RESPONSIBILITY FOR DAMAGES OR INJURY W. A. Rasic Construction Company, Inc. Page 4 8.1 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 workers. 8.2 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 supplier selected by the Contractor. 8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any 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, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor. 8.4 Contractor shall perform all Project 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. W. A. Rasic Construction Company, Inc. Page 5 8.5 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. 8.6 The rights and obligations set forth in this Section shall survive the termination of this Agreement. 9. INDEPENDENT CONTRACTOR City has retained Contractor as an independent contractor and neither Contractor nor its employees are to be considered employees of the 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 express terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or its employees. 10. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Contractor on the Project. 11. 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. The cost of such insurance shall be included in Contractor's billing rates. 1. Coverage and Limit Requirements. a. Workers' Compensation. Contractor shall maintain Workers' Compensation Insurance providing statutory benefits and employer's liability insurance with limits of at least one million dollars ($1,000,000) each type for Contractor's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subcontractor's employees. The insurer issuing the Workers' Compensation insurance shall amend its policy by endorsement to waive all rights of subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers. Contractor shall submit to City, along with the required certificate of insurance, a copy of such waiver of subrogation endorsement. W. A. Rasic Construction Company, Inc. Page 6 b. General Liability. Contractor shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars ($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. Coverage shall be at least as broad as that provided by Insurance Services Office form CG 00 01. None of the policies required herein shall be in compliance with these requirements if they include any limiting endorsement that has not been first submitted to City and approved in writing. c. Automobile Liability. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. d. Builders Risk. For Contracts with Construction/Builders Risk property exposures, Contractor shall maintain Builders Risk insurance or an installation floater as directed by City, covering damages to the Work for "all risk" or special form causes of loss with limits equal to one hundred percent (100%) of the completed value of contract, with coverage to continue until final acceptance of the Work by City. At the discretion of City, the requirement for such coverage may include additional protection for Earthquake and/or Flood. City shall be included as an insured on such policy, and Contractor shall provide the City with a copy of the policy. 2. Other Insurance Provisions or Requirements 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 an additional insured endorsement for general liability. Insurance certificates and endorsements must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current evidence of insurance shall be kept on file with City at all times during the term of this Agreement. All of the executed documents referenced in this Agreement must be returned within ten (10) working days after the date on the "Notification of Award," so that the City may review and approve all insurance and bond documentation. City reserves the right to require complete, certified copies of all required insurance policies, at any time. W. A. Rasic Construction Company, Inc. Page 7 b. General liability insurance provisions. Primary and excess or umbrella liability policies are to contain, or be endorsed to contain, the following provisions: City, its elected or appointed officers, agents, officials, employees, and volunteers are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor, including the insured's general supervision of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to City, its elected or appointed officers, officials, employees, agents or volunteers. Contractor shall submit to City a copy of the additional insured endorsement along with the required certificates of insurance. ii. Contractor's insurance coverage shall be primary insurance and/or primary source of recovery as respects City, its elected or appointed officers, agents, officials, employees and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or Services provided to the City. Any insurance or self-insurance maintained by City, its officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with it. iii. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. c. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. d. Notice of Cancellation. Contractor agrees to oblige its insurance broker and insurers to provide to City with 30 days notice of cancellation (except for nonpayment for which 10 days notice is required) or nonrenewal of coverage for each required coverage except for builder's risk insurance. The builder's risk policy will contain or be endorsed to contain a provision providing for 30 days written notice to City of cancellation or nonrenewal, except for nonpayment for which ten (10) days notice is required. e. Self -Insured Retentions. Contractor agrees not to self -insure or to use any self-insured retentions on any portion of the insurance required herein and W. A. Rasic Construction Company, Inc. Page 8 further agrees that it will not allow any indemnifying party to self -insure its obligations to City. If contractor's existing coverage includes a self-insured retention, the self-insured retention must be declared to City. City may review options with the contractor, which may include reduction or elimination of the self-insured retention, substitution of other coverage, or other solutions. Contractor agrees to be responsible for payment of any deductibles on their policies. f. Timely Notice of Claims. Contractor shall give City prompt and timely notice of any claim made or suit instituted arising out of or resulting from Contractor's performance under this agreement. g. Waiver. 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 and insurance clauses from each of its subcontractors. In. Enforcement of Contract Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of the City to inform Contractor of non-compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. Reauirements 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. j. City's Remedies. City shall have the right to order the Contractor to stop Work under this Agreement and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements of this article. In the alternative, City may purchase the required coverage and charge Contractor the cost of the premiums or deduct the cost from Contractor's payments. k. Coverage not Limited. All insurance coverage and limits provided by contractor and available or applicable to this agreement are intended to apply to the full extent of the policies. Nothing contained in this agreement or any other agreement relating to the city or its operations limits the application of such insurance coverage. W. A. Rasic Construction Company, Inc. Page 9 I. Coverage Renewal. Contractor will renew the coverage required here annually as long as Contractor continues to provide any Services under this or any other contract or agreement with the City. Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted prior to expiration. A coverage binder or letter from Contractor's insurance agent to this effect is acceptable. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to City within five days of the expiration of the coverages. 12. PREVAILING WAGES It is agreed by the parties that in connection with the design, development, installation and construction of any public work (as defined by applicable law), if any, Contractor shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Chapter 804, Statutes of 2003 and/or Labor Code sections 1726 and 1781 as the same may be enacted adopted or amended from time to time and/or any other provision of law. 13. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement shall be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 14. 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 Contract. 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. 15. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any W. A. Rasic Construction Company, Inc. Page 10 financial interest that may foreseeably be materially affected by the work performed under this Contract, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Contract by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 16. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, to City by Contractor and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Attn: Ed Burt, Utilities Operations Manager Municipal Operations Department City of Newport Beach 3300 Newport Blvd. PO Box 1768 Newport Beach, CA 92658 Phone: 949-718-3432 Fax: 949-646-5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Attention: Pete Rasic W. A. Rasic Construction Company, Inc. 7314 Scout Avenue Bell Gardens, CA 90201 Phone: 562-928-6111 Fax: 562-928-7339 17. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non -defaulting W. A. Rasic Construction Company, Inc. Page 11 party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for Services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all materials purchased in performance of this Agreement. 18. 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. 19. WAIVER A waiver by City of any term, covenant, or condition in the Agreement shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition. 20. INTEGRATED AGREEMENT 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. 21. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services, the terms of this Agreement shall govern. 22. 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. 23. EFFECT OF CONTRACTOR'S EXECUTION Execution of this Agreement by Contractor is a representation that Contractor has visited the Project Site, has become familiar with the local conditions under which the Work is to be performed, and has taken into consideration these factors in submitting its Proposal for On -Call Services and Scope of Work. W. A. Rasic Construction Company, Inc. Page 12 24. 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. 25. 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. W. A. Rasic Construction Company, Inc. Page 13 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Dater t' By: Leonie ulvihill Assistant City Attorney ATTEST: Date: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, A California Municipal Corporation Date: Bv: Keith Curry Mayor CONTRACTOR: W. A. RASIC CONSTRUCTION COMPANY, INC.: Date: By: Pete Rasic President Date: Bv: Walter A. Rasic, Jr. Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Billing Rates W. A. Rasic Construction Company, Inc. Page 14 EXHIBIT A SCOPE OF WORK The following services are typical for the water and sewer infrastructure maintenance and repair services agreement work: • General underground utility repair and maintenance; • Installation and repair of water mainlines; • Installation and repair of sewer mains and laterals; • Installation and repair of water services, fire hydrants, downdrafts, corp. stops, etc.; • Pump station repairs and rehabilitation work; • Valve and vault repair work; • Storm drain installation and repair work; • Oil and Gas tank farm repairs; and • General infrastructure emergency repair services. EXHIBIT A Page A-1 41 I IFI�i! ::. ? �',F ,a :�✓`x t`i, ' x.''cff �`. 2 .. f C., vCi i a tlay Y31 j 1 1 3 i i � 1lid,I �M i� tib riTf r� �t I f �✓ �i''•<�' 7 Nil, 'rT'4°���`looms 1, d � It .� ,,�,?a 4 �! 41 I IFI�i! ::. ? �',F ,a :�✓`x t`i, ' x.''cff �`. 2 .. f C., vCi i a tlay S lII t ti I fl'i' J (p lF L Sii f 4,_ W r i rW o �4}�(�t YEN 1 � 1lid,I �M i� tib riTf r� �t I f �✓ �i''•<�' 7 Nil, 'rT'4°���`looms 1, d � It .� ,,�,?a project pertormance Wireless connections be tween project Field Managers and the WA Rasic Construction office ................. ensure instant communications � ", I 'T . . . . . . . . . . . T,n %111`2 Y OR I 7n, 017,7 7 - All" Ai l l l l l -- ------- -- - I C 9 ffis W W[SI� + I (LZ (� '•Qitl�l I I Yet Hca.+ ci LL I' t6Cr jo Ytnb IiC 117 _ 43 A r 1 Y �t 1111115 JAi r 9') I . I. i 1 1 I l ( I�1 Y � 5 a.' t5•�n.. _. 1 .I� I� ._A I �.i�.^. EXHIBIT B SCHEDULE OF BILLING RATES 1 r GENERAL ENGINEERING CONTRACTOR COST PLUS RATES EFFECTIVE JULY 2010 CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS CODE TIME TIME TIME General Foreman CAGF 83.24 116.19 149.13 Foreman CAFM 80.03 111.42 142.80 Journeymen CAJM 75.20 104.25 133.31 Apprentice - 8th Period (90%) CAA8 69.19 95.34 12149 CEMENTMASONS OEG2 85.02 114.28 143.54 Foreman CMFM 78.68 103.96 129.24 Journeyman Commercial CMJC 73.85 96.80 119.75 Journeymen Light Commercial CMJL 67.89 89.31 110.74 F&T Machine Operator CMFT 74.25 97.40 120.54 Apprentice - Stir 6 Mos. (90%) CMA8 69.10 89.76 110.41 Southern California Cost Plus rates ELECTRICIANS CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME OPERATING ENGINEERS ELGM 108.11 148.09 188.08 General Foreman, Appdx. A OEGF 94.85 128.86 162.87 Foreman, Appdx. A OEFM 91.63 124.09 156.54 Group 1, Appdx. A - Oiler OEGI 83.77 112.42 141.07 Group 2, Appdx. A - Oiler OEG2 85.02 114.28 143.54 Group 8, Appox A - Universal OEG8 88.42 119.31 150.21 Group 10, Appdx A - Mechanic OEGM 88.61 119.60 150.59 Group 8. Appdx B - Crane to 25 Tons OES8 88.88 120.01 151.13 Group 9, Appdx B - Crane 25-50 Tons OEB9 89.16 120.41 151.67 Apprentice, GR 8, Appdx A- 6th (90%) OEA6 82.03 109.83 137.64 ELECTRICIANS PROJECT MANAGEMENT General Foreman ELGM 108.11 148.09 188.08 Senior Project Manager PMSR 130.43 183.60 236.77 Foreman ELFM 100.52. 136.83 173.13 Project Manager PMPM 112.01 156.62 201.23 Journeyman ELJW 92.94 125.56 158.17 Superintendent PMSP 105.12 143.41 181.20 Instrumentation Technician EL I T 96.29 130.64 164.78 Asistant Project Manager PMAS 94.89 131.58 168.27 - Cable Splicer ELCS 96.29 130.54 164.78 Project Engineer 1 PEGI 55.29 73.31 91.34 Apprentice -85% EL m 80.39 108.11 135.83 Pmject Engineer 2 PEG2 61.90 83.07 104.23 Project Engineer PEGS 67.39 91.14 114.89 GENERAL CONST. WORKER Project Engineer PEG4 85.31 117.52 149.74 Foreman GCWF 49.88 69.32 88.87 Project Administrator PAOM 48.90 63.90 78.91 Group 1 GCWI 33.71 45.37 57.04 Group GCW2 38.56 52.56 66.56 Group GCW3 41.79 57.35 72.91 IRON WORKERS TEAMSTERS Journeyman IWJM 83.87 109.54 135.22 Foreman TOFM 70.44 .92.56 114.69 Apprentice - 8th Period ]WAS 79.77 104.15 128.54 GR 2 - 2 Axle TDG2 67.46 88.15 108.63 Apprentice - 2nd Period IWA2 46.73 60.85 74.97 OR 3 - 3 Axle TDG3 67.67 88.46 109.24 Apprentice -1st Period IWA1 40.86 53.69 66.53 GR 5 - Working Track Driver TDG5 68.03 88.98 109.94 OR 6 - 4 or More Axle TOGS 68.08 89.06 110.04 LABORERS Subjoumeyman -4001-6000 His. TDA3 51.78 65.40 79.01 General Foreman LAGF 72.15 86.83 127.51 Foreman LAFM 70.54 94.44 118.35 Group 1 -General LAG 63.46 83.94 104.42 Group 2 -Chute Man LAG2 64.34 8525 106.16 Group 3 - Pipeline Backup Man, LAG3 65.23 86.57 107.90 WELDERSIFDTERSIHLP Group 4 - Pipe Layer, C&S LAG4 67.72 90.27 112.81 Foreman WLFM 91.81 123.84 155.87 Group 5-Blaster/Driller LAGS 68.29 91.10 1.13.92 Journeyman WLJM 85.70 114.85 144.00 - Apprentice -6th Period (85%) LAA6 51.77 71.16 90.55 Halper/Metal Trades WLHP -50.77 67.29 83.81 Apprentice Rates: Apprentice rates as listed above are the highest classification poor to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Boundaries of Southern California Cost Plus Rate$: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kenn and in addition: Richardson Rock, Santa Cruz Island, Arch Rode, San Nicholas Island, Catalina Island San Clemente Island, San Miguel Island, Santa Barbara Island Santa Rosa Island, Anacapa Island, including the Chani Islands;IGT$Ouaiclsl 'tta'is,96114WUS lotJndude,Sian Diego County. x4,a Markup: Material, subcontractors, subsistence, and outside rentals (including ftreilixk�?, alri( be 4i05,y $fttamsey2 IQ 11 F Overtime Rates: All hours outside regulady constituted shift shall bei a nand one half.-.. 9tkYGIaiB-all ; a 1� 1p'sro E� first four (4) tours outside regular shin, and first twelve (12) hours oki Sat�lyday is onto and one-half it 'a'1 1" u ej double bme'� fib' 11fe atfnplet time. �s .1,` R„ D-',.-„ Subsistence: Superintendent-575.00/Day General Fore 0001 `;All other trans per t"licab Travel Time: Billing time will start once the employee$ �r(t$Ached and end,upon their retuk& the cw USA Notification: Client is U responsible for rxlerg[a}Yad.S$G1ce AI tifiTation for allemergenc NOTE: All wage scales presented herein are sub lob 'latepange xnth0u( :, , `This documentafoes not are available upon request. 7314 Scout Avenue Bell Gardensr C0Utf�inia 90204 ,' 62-928-6111 phi; s Mate colds license #A36 faCfl jq, (Portalto Portal) e all labor daasificandijfS F 562-928-7339 fax Fw.A.RASIC COIVSTRUCTIOFY Equipment Rates Rates Effective July 2010 -June 2011 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 22.00 Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 CAT AP -800D Asphalt Paving $ 255.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35' Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 35.00 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $ 185.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 Vibratory Asphalt Roller - 3 - 5 Ton $ 30.00 Vibratory Asphalt Roller - 8 Ton $ 45.00 Vibratory Asphalt Roller - 10 Ton $ 55.00 Vibratory Plate 24" Daily rate $ 100.00 Walk Behind Roller Bomag 24" Width $ 22.00 Walk Behind Roller Multiquip 36" Width $ 26.00 Case 580 Super M 4X4 Case 590 Super M 4X4 CAT 416B&C CAT 420 D 4x4 CAT 430 4x4 John Deere 310 D & E John Deere 310 4x4 Turbo John Deere 310 SE John Deere 410 E Compaction Wheel 12" or 18' Compaction Wheel 24" Wide Compaction Wheel 36" Wide Compaction Wheel 45" Wide' Vibratory Soil Plate Compacts (Revised July 2010) 7314 Scout Avenue Bell s"te con - $ 46.00 $ 55.00 $ 49.00 $ 53.00 $ 55.00 $ 45.00 $ 52.00 53.00 T36 00 �a ar 10 0l �1 �cch4i $ `WIN6:00 100 ex(tor) $ 9.00 325, CAT3 $f J6 692 eXca-W $ ° 12.00 330 CA 20 excavator)' $ W 1 041 Page 1 of 7 Equipment Rates Rates Effective July 2010 -June 2011 Vibratory Soil Compactor Sheep Foot 33" Wide (Walk Behind) $ 38.00 Vibratory Soil Compactor Sheep foot 50" Wide (Ride On) $ 50.00 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 44.00 CAT 320 B (46,300 LBS) $ 100.00 CAT 320 CLU (51,750 LBS) $ 120.00 CAT 325 CL (64,460 LBS) $ 140.00 CAT 330 DL (79,700 LBS) $ 180.00 CAT 245 ME (120,000 LBS) $ 250.00 CAT 345 CL (100, 810 LBS) $ 250.00 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 415.00 CAT 385 CL (187;360 LBS) w/ Felco 60 Bedding Conveyor $ 436.00 Case CX225SR (53,223 LBS.) $ 135.00 Hitachi EX 100 Super (23,600 LBS) $ 65.00 Hitachi ZX 800 (166,700 LBS) $ 385.00 Hitachi EX 1200-5 (238,100 LBS) $ 450.00 John Deere 120C (28,840 LBS) $ 70.00 John Deere 200 LC (46,800 LBS) $ 100.00 John Deere 892 D LC (67,050 LBS) $ 120.00 John Deere 450CLC (102,000 LBS) $ 242.00 John Deere 450CLC (102,000 LBS) w /Lo -Drill $ 335.00 Komatsu PC 1000LC (222,130 LBS) $ 380.00 Broom / Sweeper - Self Propelled Boom Lift (60' reach) Forklift 2,600 LB Forklift 15,000 LB & 16,500 LB Forklift Telescoping Type (Grade)) Forklift Telescoping Type (Grad Golf Cart Mobile Sweeper Johnson 4(,VW LB w/ 36' LB w/ 40' $ 50.00 $ 55.00 $ 7 qD $ 7p f Revised Jul 2010x _€ Page ( Y )�Vi Equipment Rates Rates Effective July 2010 -June 2011 GENERATORS 45.00 HOURLY RATE Generator 5 KW $ 10.00 Generator 25 KW $ 40.00 Generator 65 & 70 KW $ 55.00 Generator 118 KW $ 80.00 Generator 230 KW $ 120.00 Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 Hydraulic Breaker 10000 LB (for CAT 330 / JD 450 Excavator) $ 300.00 Hydraulic Breaker 14000 LB for Hitachi ZX800 Excavator $ 400.00 Case 570 MXT Skip Loader 4 x 4 CAT 236 Skid Steer Loader CAT 950 H (44,435 LBS) CAT 972 H (56,180 LBS) CAT 980 H (68,489 LBS) John Deere 210 E Skip Loader w/ 4 in 1 Bucket John Deere 444 E (21,457 LBS) John Deere 544 E (30;459 LBS) John Deere 624 E (29,035 LBS) John Deere 644 E (38,800 LBS) Kawasaki Z80 (36,000 LBS) Kawasaki ZV90 (51,320 LBS) Concrete Saw - Walk Behind Vent Blower Trailer Mounted (12,000 CFN) Bore Mole (2" Bore Mole (3" Bore Mole (4" (Revised July 2010) $ 45.00 $ 37.00 $ 105.00 $ 150.00 $ 190.00 $ 45.00 $ 55.00 $ 75.00 $ 90.00 $ 100.00 $ 90.00 I= $ 150.00 $ 200.00 '•. Page 3?qf 7 Equipment Rates Rates Effective July 2010 -June 2011 Accu -Punch Bore Mole (5 3/4"" diameter) $ 400.00 Air Compressor - 13HP Truck Mounted $ 150.00 Backhoe Auger Drill w/Attachments $ 250.00 Cable Puller (Electric) $ 50.00 Chipping gun / Rivet Buster w/ attachments $ 70.00 Clay Spade $ 50.00 Concrete Mixer $ 90.00 Concrete Vibrator $ 100.00 Cut-off Saw / Chain Saw/ Skill Saw $ 60.00 Duct Rodder - 1000' $ 100.00 Allegro Air Supply Unit $ 250.00 Fan 30" Pedestal Type $ 60.00 Fuel Tank 1000 Gallon - Double Containment $ 52.00 Fusion Machine For HDPE - 4" Diameter max $ 180.00 Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HyTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Mulching Machine (High -Flow Attachment) $ 150.00 Pipe Cutters $ 32.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24") 0 Pole Support Holder X15. Portable Fire Suppression Systemf-� T {; Pressure Washer Reconboremotor Rotary Hammer/ Drill 70.00 Sand Blaster_ w $ 175.00 Steam X Pressure Washer TC MoGr(3500 P $ 20t0 Surve Unit - Promark 3 G e 'ceivin ll for Pi Runs $ F 400 Q_ , units - i, (Revised July 2010) ;g `& ' � Page 4,9.f 7 Equipment Rates Rates Effective July 2010 -June 2011 Tamp / Powder Puff - Air Driven $ 25.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 T.D. Williamson Tapping Machine (Up To 2" - Petroleum) Per inch rate $ 80.00 Tripod w/ Harness $ 85.00 Velometer (Air Flow Measuring Device) $ 100.00 MOTOR GRADERS HOURLY RATE JD 770CH Il $ 95.00 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8'x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8' x 10' or 8' x 20' $ 10.00 SCREENS HOURLY RATE Extec S-5 $ 125,00 Read RD 40 $ 73.00 PORTABLE CONCRETE BATCH PLANT CUBIC YARD Port -A -Pour 120cy $ 25.00 Hydraulic Shoring Jack w/ 3' rails (28" to 46") Daily rate $ 27.00 Hydraulic Shoring Jack w/ 5' rails (28" to 46") Daily rate $ 28.00 Hydraulic Shoring Jack w/ Trails (28" to 46") Daily rate $ 29.00 Hydraulic Shoring Jack w/ 5' rails (52" to 88") Daily rate $ 36.00 Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Daily rate $ 75.00 Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) t . Q0 00 Hydraulic Shoring PumpPwlm Plywood 4'x 8' Sheet 1 1/8" Thick 1i s, 8r Timbers 4" x 12" x 10' or 3" x 12" x 1, Wide Flange Steel Beams (Vanour eJTon $`50:Oi1 Arrow board( $ 11 Barricade / Delineator/ Trak®ne .k� tF Dally rate $ (Revised July 2010).k r'? Page 7 Equipment Rates Rates Effective July 2010 -June 2011 Barricade w/ Flasher Daily rate $ 2.00 Chain Link Fence Panel 6' x10' Daily rate $ 6.00 Crash Barrels (various sizes) Daily rate $ 4.00 K -Rail 20' length Daily rate $ 7.00 Message Board $ $ 25.00 Traffic plate 5'x 8'& 6'x 10" Daily rate $ 7.00 Traffic plate 8'x 10' Daily rate $ 8.00 Traffic plate 8'x 15' & 8' x 20' Daily rate $ 15.00 Rumble./ Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide 144" depth) $ 350.00 Dig -Up Trailer- 12' Long Enclosed $ Dump Truck Bobtail / Flat Bed fi r $ Dump Truck Bobtail Paving i V $ Dump Truck End Dump $ Dump Truck Ten Wheel $ Dump Truck Super 10 $ Equipment Trailer - Asphalt Roller Type $ Equipment Trailer - Tool Hauler 4,200 Ib cap $ Equipment Trailer- Tool Hauler 7,000 Ib cap $ Equipment Trailer - 20,000 Ib cap through 40, 000 lb cap $ Equipment Trailer Cozad Heavy Haul $ Emergency Response Trailer - 18' Long Enclosed $ Flat Bed Truck w/Cement Mixer ` Fuel & Lube Truck r Fuel Trailer - 500 Gallons t4 y. ' $ "' Low Bed Haul Truck &Trailer x5 Mechanics Truck w/ Lift Crane Off Road Articulated Dump Tron 6 x 6 Pick-up Truck / SUV /Van s $ Ramp Truck (Backhoe Ha ��.i« .4= a ._ `Ski i\r6 $ 3•. (Revised July 2010), fl Y 'i= fi r ��iY4 i V 20.00 38.00 42.00 55.00 43.00 47.00 10.00 7.00 10.00 15.00 31.00 75.00 185.00 20'.�Oa„ 32�At�� arm y: N W 270 Page 6 7 ot �. Equipment Rates Rates Effective July 2010 -June 2011 Service Truck w/ Welder (500AMP) / Compressor (60 CFM) $ 32.00 Stakebed Truck $ 20.00 Trailer - Platform Type 48' Long $ 31.00 Utility Truck / Concrete Form Truck $ 25.00 Water Trailer - 500 Gallon $ 10.00 Water Truck 1500 Gallon $ 32.00 Water Truck 2000 Gallon $ 35.00 Water Truck 2500 Gallon $ 37.00 Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 60.00 Water pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 85.00 Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 135.00 Water pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ 222.00 WATER TOWERS DAILY RATE Water Tower 12,000 Gallon $ 100.00 Band Saw - Portable 4" x 4" max cut Band Saw 6" x 12" max cut Plasma Cutter Tig Machine 300 AMP Tool Package - Group 1 (stainless steel fabrication) Weld / Fabrication Portable Shop - Container Welder 200 AMP (Revised July 2010) $ 10.00 $ 15.00 $ 20.00 $ 17.00 .Daily rate $ 185.00 Daily rate $ 20.00 .74 w: 01 T