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Home My WebLink AboutC-3882 - PSA for On-Call Emergency Underground Utility Repairs ServicesAMENDMENT NO. 3 r TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and GCI CONSTRUCTION, INC. a California Corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, California, 92626 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated July 8, 2008. C. CITY desires to enter into this AMENDMENT NO. 3 to extend the term of the AGREEMENT to June 30, 2010. D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT N0. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM 2. The term of the AGREEMENT shall be extended to June 30, 2010. 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 shall be based on the attached Schedule of Billing Rates (Exhibit A). Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. SERVICES TO BE PERFORMED Contractor shall perform various underground utility repair services pursuant to this Amendment No. 3 and according to the Request to Extend On -Call Professional Services Agreement dated July 20, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: CITY OF^WPORT BEACH, OFFICE OF THE CITY ATTORNEY: A Muni641 Corpor4tio By: XyZnettetb. Be c amp, Assistant City Attorney ATTEST: r r By: Vl� Leilani Brown, City Clerk r ,x_ > oR� P Mayor CONTRACTOR: GCI CONSTRUCTION, INC. By: (Q'orporate Officer) Title: President Print Name: Terry D. Gillespie 0 ar-M �';,.r NP r Title: Secretary Treasurer Print Name: Floyd Bennett Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement GCI CONSTRUCTION lEffecuve I F11F2o09 to GaotlG EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 19.00 HOUR CREW TRUCK 34.00 HOUR 10 WHEELER DUMP TRUCK 60.00 HOUR SUPER 10 86.00 HOUR BOTTOMlSEMI END DUMP 91.00 HOUR LOW BED RATE 110.00 HOUR SKIPLOADER 125.00 HOUR BOBCAT 30.75 HOUR 446D BACKHOEILOADER 150.06NOUR 555E BACKHOEILOADER 135.00 HOUR NEW HOLLAND BACKHOEA,OADER 135.00 HOUR 936 WHEEL LOADER 145.00 HOUR CAT 050 LOADER 145.00 HOUR CAT 950 E LOADER 150.00 HOUR JD 450 WITH BOARD 150.00 HOUR CAT 307 EXCAVATOR 150.00 HOUR CAT 313 EXCAVATOR 170.00 HOUR CAT 325 EXCAVATOR 192.00 HOUR CAT 321CLCR EXCAVATOR 185.00 HOUR CAT 235D EXCAVATOR 228,00 HOUR KOBELCO SK300 LC1V EXCAVATOR 208-00 HOUR RI NG O MATIC POT HOLING MACHINE DAY 80,00 HR ASHPHALTZIPPER MAO 250.00 HOUR Plus Teeth ARROWBOARD 98.00 DAY WATERTRUCK 160.00DAY Bare COMPACTION WHEEL 25.60 HOUR COMPRESSOR 152,80 DAY COMPRESSOR W /JACKHAMMER 228.001 DAY 2000 MULTIQUIP TOWABLE GENERATOR 205.00 DAY HYDRAULIC BREAKER 48.00 HOUR 2000 LBS UGHTTOWER 9200 DAY WACKER $2,00 DAY Zieman Trailer 18.80.HOUR -4' trash pump & hoses 92,00 day Oxt6 Trench Box 62. day 247.50 Wk 74240 Mo 4 x 16 Trench Box 55,00 day 105,60 Wk 49500 go 6 x 24 Trench Box 1800@ DAY 540.00 Wk 1620,00 Ma (OVERTIME LABOR RATES: REGULAR DBL TIME LABORER GRADING 49.81 66.81 8320 LABORER SEWER 50.16 67.30 84:44 LABORER WATER ,44 $6.28 83.11 PIPELAYER GRADING '6324 71.94 90.64 PIPELAYER SEWER 53.61! 7246 91.34 PIPELAYER WATER 62A3 71.36 89:89 OPERATOR GRADING 67.92 72,84 117.TT OPERATOR SEWER 65.43 93.601 118.76 OPERATOR WATER 88.60 93,85 119.101 1 FOREMAN GRADING 70A3 "Al 12270 FOREMAN SEWER 70.971 $TAO i23.831 1 FOREMAN WATER 71,15 47,67 124,18, VT PFO NC. July 20, 2009 CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Attn: Cindy Asher 3300 Newport Boulevard Newport Beach, CA 92658 -8915 (949) 644 -3010 Fax (949) 646 -5204 MINT 118, General Engineering Contractor Lic. No. 755356 Re: Amendment to Professional Services Agreement Dear Ms. Asher. GCI Construction, Inc. is requesting to extend the Professional Services Agreement for another year commencing on July 1, 2009 through June 30, 2010. New rate sheet(s) are attached. Yours truly, GCI Congruction. Inc. Encl. Rate Sheet, 711109 245 FISCHER AVENUE, STE. B-3, COSTA MESA, CAL ORNIA 42626 (714) 957 -0233 FAX (714) 540 -1148 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. s September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Cindy Asher, Administrative Manager 949 - 644 -3010 or casher(a)newportbeachca.aov SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY, APPROVAL OF AMENDMENT NO. 3 WITH GCI CONSTRUCTION, INC. AND APPROVAL OF AMENDMENT NO. 2 WITH VALVERDE CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIRS 1 RECOMMENDATIONS: 1. Approve Amendment No. 3 to Professional Services Agreement (PSA) with Doty Bros. Construction Company (DBCC) for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 3 to Professional Services Agreement (PSA) with GCI Construction, Inc. (GCI) for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 3. Approve Amendment No. 2 to Professional Services Agreement (PSA) with Valverde Construction, Inc. (VCI) for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On September 11, 2007, the City Council approved a PSA with Doty Bros Construction Company on September 12, 2006 with GCI Construction, Inc. and on November 13, 2007 with Valverde Construction, Inc. to provide emergency and as needed on -call underground utility repair services. The proposed revisions to each PSA are summarized below: 1) Amendment No. 3 to the PSA with DBCC incorporates a revised labor rate billing sheet which reflects between a 1% and 6% increase, with the average increase at 2.6 %. Due to DBCC being a union shop, new rates are negotiated every July. ORThere are no cost increases for equipment. Underground Utility Repair Services — Approval of Amendments On -Call Professional Services Agreements September 8, 2009 Page 2 In February 2008, DBCC made emergency repairs to a 30" steel reclaimed water main located at University Avenue and the 73 Toll Road. The City was reimbursed for this repair by Orange County Water District. 2) Amendment No. 3 to the PSA with GCI incorporates a revised labor rate billing sheet that reflects a decrease in all labor categories except the Foreman category which averaged a 3.7% increase. According to GCI, the decrease is due to their workers' compensation rates. The revised equipment rates increased 3.4% to 14.5 %, with one piece of equipment increasing by 26.6% and another decreasing by 39 %. Many equipment pieces had no increase. GCI assisted the City in making some emergency repairs to a vault at Pacific Coast Highway and Dover. GCI also assisted with manholes at the Big Canyon Golf Course last fall. 3) Amendment No. 2 to the PSA with VCI incorporates a revised labor rate billing sheet that reflects increases in rates ranging from 1.7% to 3.9 %. For equipment, the increase in rates ranged from no increases to 14.7% on one piece of equipment. VCI has not had the opportunity thus far to assist the City on any emergency underground utility repairs. The scope of work for the amended on -call PSAs include the following services: general underground utility installation and repair, installing and repairing sewer laterals and mains; installing and repairing water services including system appurtenances, street repairs, and grading improvements. The proposed on -Call PSAs for all three companies would be effective for a one year period through June 30, 2010. Please see the attached Rate Comparison Tables. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is available in various maintenance and operations water and wastewater accounts. Prepared by: WOw Cindy Asher Administrative 'Manager Submitted by: eor Mu och Utilities Director Attachments: Amendment No. 3 with Doty Bros. Construction Company Amendment No. 3 with GCI Construction, Inc. Amendment No.'2 with Valverde Construction, Inc. Rate Comparison Tables 3 <tvL AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY'), and GCI CONSTRUCTION, INC. a California Corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, California, 92626 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated July 8, 2008. C. CITY desires to enter into this AMENDMENT NO. 3 to extend the term of the AGREEMENT to June 30, 2010 D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. COMPENSATION 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 shall be based on the attached Schedule of Billing. Rates (Exhibit A). Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. SERVICES TO BE PERFORMED Contractor shall perform various underground utility repair services pursuant to this Amendment No. 3 and according to the Request to Extend On -Call Professional Services Agreement dated July 20, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. t` � IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: ynett . Be a�Wamp, Assistant City Atto`f-ney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward Selich, Mayor CONTRACTOR: GCI CONSTRUCTION, INC. AR (Corporate Officer) Title: President Print Name: Terry D. Gillespie in (Financial Officer) Title: Secretary Treasurer Print Name: Floyd Bennett Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement 1 GCI CONSTRUCTInw EQUIPMENT OPERATED RATE SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 19.00 HOUR CREW TRUCK 34.00 HOUR 10 WHEELER DUMP TRUCK 80.00 HOUR SUPER 10 86.00 HOUR SOTTOMISEMI END DUMP 91.00 HOUR LOW BED RATE 110.00 HOUR - SKIPLQADER 125.00 HOUR - BOBCAT 30.75 HOUR 446D BACK HOEILOADER 150.00 HOUR 555E BACKNOElLQA67ER 135.00 HOUR NEW HOLLAND SACKHQEILOADER 135.00 HOUR 936 WHEEL LOADER 145.00 HOUR CAT 050 LOADER 145.00 HOUR CAT 050 E LOADER 150.00 HOUR JO 450 WITH BOARD 150.00 HOUR. CAT 307 EXCAVATOR 150.00 HOUR CAT 313 EXCAVATOR 170.00 HOUR CAT 325 EXCAVATOR 10200 HOUR CAT 321CLCR EXCAVATOR 185.00 HOUR CA7235D EXCAVATOR 220.00 HOUR KOBELCO SK300 LC1V EXOAVA. 206,00 HOUR RING O MATIC POT HOUN6. E ASHPHALTTIPPER 400.00 DAY 86A6HR- 250.00 HOURSTeOth ARROWBO VW 06.00 DAY WATER TRUCK 160.00 DAY COMPACTKIN WHEEL. 25.00 HOUR COMPRESSOR 152.00 DAY _ OMPRESSOR WIJAOKHAMME.R, 2000 MULTIQUIP TOWABLEGENERATI;IR- 228.00 DAY 265,06 DAY HYDRAULIC BREAKER .48.00 HOUR 2000 LOS LIGHT TOWER 8200 DAY WACKER 98.00 DAY - 50man Tmiler 18.00 HOUR 4^ trash um & hoses 92.00 d 8x16 Trench Box 82.50 tl 247.50 WiC. T42' _ 4 x 16 Trench Dox - 55.00 185«00 Wk :Mo Sx24Tmnch Box .150.00 DAY 540.0@1ryk GABOEt RATS AEQULAR OVERTIME OBLTIME ER GRADING 40.51 66St LABORER SEWER LABOTRER WATER PU ?SLAYER QRAIXNO PELATER SEWER ; WEiLAYER WATER QPERATORORADING OPERATOR SEWER OPERATOR WAFER FOREMAN GRADING- FOREMAN SEWER FOREMAN WATER 50.18 .44 53.24 .03.61 52113 67.02 68.43 65:60 70.07 71.15 61- 66.26 71.. 72.45 T 02.04 OIL 97:20 $7x67 - 8444 83.t1 - SG84 11T.7'f. t..78 t2$:0.3 124.18 . EXHIBIT "B" moU General Engineering Contractorl-ic. No. 755356 July 20, 2009 CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Atin: Cindy Asher 3300 Newport Boulevard Newport Beach, CA 92658-8915 (949) 644-3010 Fax (949) 6,46-5204 Re: Amendment to Professional Services Agreement Dear Ms. Asher. GCt Construction, Inc. is requesting to extend the Professional,Serviceaftivernent for another year commencing on July 1, 2009 through June 30, 2010. Newrate sheet(s) are attached. Enct.'Rdto Sheet, TAK19 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, CA 92626 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 12th, 2006, CITY and CONTRACTOR entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement", for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2007. B. On June 26th 2007, City and Contractor entered into an Amendment No. 1 to extend the term of the Agreement to June 30th, 2008. C. City desires to enter into this Amendment No. 2 to extend the term of the Agreement to June 30th, 2009. D. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall perform various underground utility repair services pursuant to this Amendment No. 2 and according to the Request to Extend On -Call Services Agreement dated June 12, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 2 for all work performed from July 1, 2008, to June 30, 2009, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: �1 Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk Cl' /M EdW,fd Selich," Mayor for the City of Newport Beach GCI CONSTRUCTION, INC. By:1)'4 4 Title: President Print Name: exr in (Financial Officer) \ , ez Print Name: �! Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates A?GCI EXHIff"N CONSTRUCTION, INC. General Engineering Contractor Lie. No. 755356 June 12, 2008 Steve Myrter Utilities Director City of Newport Beach 3300 Newport Blvd. P O Box 1768 Newport Beach, CA 92658 Re: Professional Service Agreement — Utility Repair Services Dear Mr. Myrter: GCI Construction, Inc. is requesting to extend the Professional Service Agreement for another year, to commence on July 1, 2008. New rate Sheet(s) attached. Yours t T rry Cy Presi ent Encl. Union Rate Sheet, 7 -1 -08 245 Fischer Avenue, Ste. B -3, Costa Mesa, California 92626 • (714) 957 -0233 • Fax (714) 540 -1148 GCI CONSTRUCTION 7/l/2008 EQUIPMENT_OPERAT�E SCHEDULE - -- DESCRIPTION -- FOREMAN PICK TRUCK __ CREW TRUCK 15.00 HOUR 30.00 HOUR INTL TRUCK TRACTOR W/ TRAILER 105.00 HOUR SKIPLOADER _ 44613 OR 446D BACKHOEILOADER 125.00 145.00 135.00 HOUR HOUR HOUR__ 655D OR_555E_BACKHOEILOADER NEW HOLLAND BACKHOEILOADER 135.00 HOUR 936 WHEEL LOADER _ _ CAT 950 LOADER 140.00 _HOUR HOUR 140.00 CAT 950 E LOADER 145.00 HOUR CAT 307 EXCAVATOR _ CAT 313 EXCAVATOR 140.00 HOUR 160.00 HOUR CAT 325 EXCAVATOR 185.00 HOUR CAT 321 CLCR EXCAVATOR 175.00 HOUR CAT 235 EXCA_V_AT_OR 220.00 HOUR KOBELCO 325B EXCAVATOR 220.00 HOUR RING _0 MATIC POT HOLING MACHINE 400.00 DAY _ 80.00 HR ASHPHALT ZIPPER 250.00 HOUR Plus Teeth ARROWBOARD 98.00 DAY _ _ BLADE 550.00 DAY Bare _ _ WATER TRUCK 265.00 DAY Bare COMPACTION WHEEL COMPRESSOR _ _ 25.00 HOUR _ 152.00 DAY _ COMPRESSOR WIJACKHAMMER 228.00 DAY 2000 MULTIQUIP TOWABLE GENERATOR 205.00 DAY HYDRAULIC BREAKER 43.00 HOUR 2000 LBS LIGHT TOWER 92.00 DAY WACKER 92.00 DAY Zieman Trailer 18.00 92.00 72.00 HOUR day day 210.00 Wk _ _ 630.00 Mo 4" trash pump & hoses 6x16 Trench Box _ 4 x 16 Trench Box 72.00 day 210.110 Wk 630.00 Mo 8 x 24 Trench Box 168.00 DAY 500.00 Wk 1500.00 Mo LABOR RATES_: REGULAR OVERTIME DBL TIME LABORER GRADING _ _ _ _ _ LABORER SEWER LABORER WATER 51.55 69.11 86.66 52.70 70.73 88.75 _ 51.65 55.09 69.24 74.40 86.84 93.72 _ _ PIPELAYER GRADING_ PIPELAYER SEWER 56.33 76.17 96.01 PIPELAYER WATER 55.19 65.32 74.55 89.20 _ 93.92 OPERATOR GRADING OPERATOR_ SEWER _ _ _ OPERATOR WATER 66.20 90.49 _113.09 114.79 65.92 67.821 68.74 90.09 _90.14 91.45 114.26 114.34 116.06 _ _ FOREMAN GRADING _ FOREMAN SEWER FOREMAN WATER 68.46 _ 91.04 115.53 IBIT 1111 6Y TNIk CtiY COtINp1� CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT � ('01 Agenda Item No. 6 �y m July 8, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 949 - 718 -3400 or smvrter citv.newoort- beach.ca.us SUBJECT: UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS RECOMMENDATIONS: 1. Approve Amendment No. 1 with Mike Prlich & Sons, Inc., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve.Amendment No. 2 with GCI Construction, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 3. Approve Amendment No. 2 with Mike Kilbride, LTD., for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On April 22, 2008, the City Council approved a Professional Services with Mike Prlich & Sons, Inc. and on June 26, 2007, the City Council approved Amendment No. 1 with GCI Construction, Inc. and Mike Kilbride LTD., to provide as needed on -call underground utility repair services. These amendments will lock in prices on a time and materials basis based on the rate sheets shown in Exhibit B through August 31, 2009 and June 30, 2009 respectively. The scope of work for the on -call professional agreements being amended would include the following services: underground utilities, storm drains, building and repairing sewer laterals and mains; building and repairing water services including fire hydrants, detector checks and backflow devices, street and grading improvements. IInderground Repair Services — Approval of Amendments No. 1 and No. 2 to Professional On -Call Service Agreements July 8, 2008 Page 2 Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is available in various Maintenance and Operations Water and Wastewater accounts. Periodically, a Capital Improvement Account will be utilized, as necessary, to facilitate project expediency. Expenditures more than $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: Submitted um A & __ Cjr)'� Cindy Asher U Ste re Administrative Manager Utilities Director Attachments: Amendment No. 1 with Mike Prlich & Sons, Inc. Amendment No. 2 with GCI Construction, Inc. Amendment No. 2 with Mike Kilbride, LTD. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE PRLICH & SONS, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and MIKE PRLCH & SONS, INC., a California corporation whose address is 5103 Elton Street, Baldwin Park, California 91706 ( "Contractor"), and is made with reference to the following: RECITALS A. On April 22nd, 2008, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2008. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to August 31st, 2009. C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Contractor shall perform various underground utility repair services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 13, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to August 31, 2009, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to August 31, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. Ll APPROVED AS TO FORM: By: z 'qv�._ Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk 0 CITY OF NEWPORT BEACH A Municipal Corporation By: Edward Selich, Mayor for the City of Newport Beach MIKE PRLICH & SONS, INC. Title: President Print Name: By: (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates Jun,13 2008 1:42HM MIKE PRLICH & SONS, INC 626 813 1770 p.2 Mike Prlich & Sons, Inc. EXHIBIT "A' 5103 Elton Street Baldwin Park, CA 91706 Tel: 6261813 -1700 Fax: 626/813 -1770 June 13, 2008 CITY OF NEWPORT BEACH Utilities Department 3300 Newport BIvd. Newport Beach, CA 92658 -8915 Atha. CINDY ASHER Dear Ms. Cindy: Mike Prlich and Sons, Inc. will hold prices of Equipments and Labors for the period of 07/01108 - 08/31/09 as per attached copies. If there is any further information required, please do not hesitate to contact us at 6261813 -1700. Sincerely, Michael Mich President ..._.........Mike �t11cl1 -mss, - 1nc....... ... .. . 5103 Elton Street EMdwln Park, CA $1706 Tel: 613 -1700 FAx: 626/813 -1770 EXH�If'B" f a Crag h Time c BASE aee d RATE & Yecadon e YAC Sub Tote F�M i. It BENEFITS N & W Pension App/Train: 0i ;tl I k Co-Ad Fd I IndJECC Sub -Tatal I FICA m PAYROLL FU & SU n TAXES Wk Comp o E INSURANCE Insurance Sub Total TOTAL RATE (c♦ (01ftnM EF8GXsj 0.0716 0.0769x• .1.r98x xum l-o a +k• MEMO BORER GRP.1 ST OT 28.63 42.95 3.21 3.21 31.8 46.1 4.16 4.16 5.25 5.25 0.63 0.63 0.15 0.15 0.13 0.13 10.32 10.32 2.44 3.53 2.23 3.23 2.45 3.55 4.77 6.91 11.88 17.23 54.04 73.70 OT 57.26 3.21 60 4.16 -5.25-0.63 0.15 0.13 10.32 4.63 4.23 4.65 9.06 22,57 93. -Sr LABORER GRP. 2 Miguel Gomez OT 29.18 43.77 3.21 3.21 32.391 46. 4.16 4.16 5.25 5.25 0.63 0.63 0.15 0.15 0.13 0.13 10.3 10.3 2.4 9.59 2.27 3.29 2.49 3.61 4.85 7.04 1109 17.53 54.80 74.83 Omar Garcia DT 58.36 3.21 615 4.16 5.25 0.83 0.15 0.13 10.3 4.71 4.31 4.73 9.22 22.98 94.87 Demetrio Z.amarron LABORER.GRP. 3 ST 29.73 3.21 32. 4.16 5.25 0.63 0.15 0.13 10 3 2.52 2.31 2.53 4.93 12729 55.55 OT 44.60 3.21 47.81 4.18 5.25 0.63 0.15 0.13 19 3 3.6 3.35 3.68 7.16 1714 75.97 OT 59.48 3.21 62.8 4.16 5.25 0.63 0.15 0.13 10.32 4.79 4.39 4.82 9.39 23.339 98.38 LABORER GRP. 4 ST 31.28 3.21 34A9 4.16 5.25 0.63 0.15 0.13 10.32 2.64 2.41 2.65 5.17 12.87 57.68 Reynaldo Fuentes OT 46.92 321 60.13 4.16 6.25 0.63 0.15 0.13 10.32 3.83 3.51 3.86 7.51 18.71 79.16 Rafael Ambriz OT 62.56 3.21 65.77 4.18 5.25 0.63 0.15 0.13 10.32 5.03 4.60 5.06 9.85 2456 100.84 Franeiseo Gomez Juan P. Martinez LABORER GRP. 4 ST 32.53 321 35.74 4.16 5.25 0.63 0.15 0.13 10.32 2.73 2.50 2.75 5.35 13.34 MAO Antonio Mamdo OT 48.80 3.21 52.01 4.16 5.25 0.63 0.15 0.13 10.32 3.98 3.64 4.00 7.79 1941 81.73 DT 65.06 321 88.2 4.18 5.25 0.63 0.15 0.13 10.32 5.22 4.78 5.25 10.23 WAS 104. LABORER GRP. 4 ST 33.00 3.21 3 &21 4.16 8.25 0.63 0.15 0.13 10.32 2.77 2.53 2.78 5.42 13.61 60.04 Abelardo Carmsco OT 49.50 3.21 52.71 4.16 5.25 0.63 0.15 0.13 10.32 4.03 3.09 4.05 7.90 19.67 82.70 Arturo Lopez DT 55.00 3.21 69.21 4.16 5.25 0.83 0.15 0.13 10.3 5.29 4.84 6.32 10.37 25.8 105.36 Ra el Ramirez SUPERINTENDENT-1 5T 64.00 0.00 54 0.00 8.10 0.00 0.00 0.00 8.10 4.13 3.76 4.15 8.0 20.15 8125 John Rain OT 81.00 0.00 81. 0.00 12.15 010 0.00 0.00 12.15 62 5.67 8.23 12.13 30.23 123.38 DT 108.00 0.00 108. 0.00 16.20 0.00 O.DO 0.00 16.20 826 7.56 8.31 16.18 40.31 164.51 OP. ENG. GRP. 16 ST 4124 2.80 44AN 7.80 4.55 0.65 0.00 0.08 MOO 3.08 3.39 6.60 .18.44 73.56 Javler Re es OT 61486 2.80 6468 7.80 4.55 0.85 0.00 0.08 13.0 4. 4.63 4.97 9.69 24.13 101.57 DT 8248 280 85.28 7.80 4.55 0.65 0.00 0.08 13.081 6.52 5.97 6.56 12.77 31.83 190.19 P. ENG GAP. 8 A-1 ST 40.54 260 7.80 4.55 0.65 0.00 0.08 13.0E 3.32 3.03 3.33 8.49 16.17 72.59 Steve Newton OT 80.81 2.80 83.61 7.80 4.55 0.65 0,00 0.08 131 a.87 a.45 4.89 9.53 23.7 100.43 Rudy Patades OT 81.08 280 83.88 7.80 435 n 65 n 00 O 0A 131 5 47 5 R7 R e5 �> 57 as an sea a ' _ _ ... ..... ..... ............................ . ... ...Mike l?dic#a•Se . 6103 Elton Street 3 Baldwin Park, CA 91706 m Tel: 62013 -1700 FAx: 626%813 -1770 N PeF td 07/01/08 - 09131/09 OP. ENG. GRP. 23 ST 4204 2.80 44. 7.80 4.56 0.65 0.D0 0.08 13.0E 3.4 3.14 3.45 6.72 18.71 7465 John Mita�evleh OT 83.06 280 Su 7.80 4.55 0.65 0.00 OA8 13.0E S. 4.81 5.06 9.67 24.68 tA1.5Z DT 54.08 280 86 88 7.80 4.65 0.86 O.OD 0.08 13.08 6.65 6.08 6.68 13.01 32.42 19238 P. icha ST 51.50 2.80 64.30 7.80 4.55 0.65 0.00 0.08 13.08 4.1 3.80 4.18 8.13 20.26 87.81 Richards IOa OT 77.25 280 80. 7.50 4.55 0.65 0.00 0.08 1308 6.1 5.60 6.16 11.99 29.87 123. DT 103.OD 2.80 105.8 7.80 4.55 0.65 0.00 0.08 13.08 8.09 7.41 8.14 15.85 39.4 168. TEAMSTER ST 26.94 28D 9.57 5.00 1.07 0.06 0.42 18.12 2. 2.07 2.27 4.43 11.02 58.681 AvNino OrBz OT 40.41 2.60 43.01 9.57 5.00 1.07 0.06 0.42 18.12 329 3.01 3.31 8.44 18 0 76.18 OT 53.88 2.80 68A 9.57 5.00 1.07 0.08 0,42 18.12 4.32 3195 4.34 8.46 21.0 93.68 TEAMSTER - tOntice ST 2644 1.45 2759 9.67 6.00 1.07 0.06 0.42 16.12 2.13 1.95 2.14 4.18 10A1 54.42 Thomas Vuko' OT 39.88 1.45 47.11 9.57 5.00 1.07 D.QB 0.42 tB 12 3.1 2.88 3.16 6.16 15.34 72.67 OT 52.88 1.45 8433 9.57 5.00 1.07 0.08 0.42 1612 4.18 3.80 4.18 8.14 20.28 90.73 Mark D. Zalch ST 64.00 0.00 64.0D 0.00 0.00 0.00 OAO 0.00 D.0 4.90 4.48 4.92 9.59 Z3 d7.d8 OF 90.00 0.00 90.00 0.00 OA0 0.00 0.00 O.OD 0.0 6.89 6.30 6.92 13.46 33 129.59 OT 120.00 0.00 120.00 0.00 0.00 0.00 0.00 0.00 0.0 9,18 8.40 9.23 17.98 44.7E 164.78 0 o m a N x 3 3 .y m m '0 M r n x R° m O N 0m N O m fv J J O A 0 o m a N x 3 3 .y m m '0 M r n x R° m O N 0m N O m fv J J O A Jun 13 2008 1:42RM MIKE PRLICH L SOMS, IMC 926 013 1770 • • Mike Prlich & Sons, Inc. 5103 Elton Street Baldwin Park, CA 91706 Tel: 6261813 -1700 Fax: 6261813 -1770 EQUIPMENT LIST 125 COMPRESSOR 185 COMPRESSOR RIVET BUSTER AIR DIGGER 90 POUND JACKHAMMER BROOM - SELF PROPELLED BROOM - PICK UP COMPAC TOR - HAND HELD 7.5 -15 GENERATOR 35 GENERATOR LIGHTS 2 LIGHT SET LIGHT TOWER 15.5 HP FORK LIFT CHAMP GRADER CATERPILLAR 12 HAMMERS DEMOIPILE HOE RAM CAT 313B EXC CAT 320 EXC CAT 345BL CAT 235 FRONT SHOVEL CAT 245 KOMATSU `BARNET, PC75 GROVE CRANE RT528 GALION CRANE DG3801 DRESSER CRANE 150A CAT RUBBER TIRE LOADER 9280 CAT RUBBER TIRE LOADER 936 CAT RUBBER TIRE LOADER 950A CAT RUBBER TIRE LOADER 950F CAT 430E1BACKHOE CAT 436113ACKHOE CAT 4461BACKHOE CAT 446B/BACKHOE KAWASAKI 65Z IV KAWASAKI 70Z IV BOBCAT LOADER PICK-UP IRKS % TON & LIGHTER FLAT -BED 1 TON FREIGHTLINER BOB -TAIL DUMP FORD /STERLING DUMP TRKS 3 AXLE RATE $16.80 PER HR 18.00 PER HR 1.08 PER HR 1.08 PER HR 1.44 PER HR 37.20 PER HR 86.40 PER HR 8.40 PER HR 7.20 PER HR 13.20 PER HR 3.60 PER HR 7.20 PER HR 38.40 PER HR 64.80 PER HR 15.60 PER HR 60.00 PER HR 82.80 PER HR 202.80 PER HR 147.60 PER HR 229.20 PER HR 37.20 PER HR 92.40 PER HR 72.00 PER HR 72.00 PER HR 76.80 PER HR 49.20 PER HR 56.40 PER HR 100.80 PER HR 43.20 PER HR 43.20 PER HR 57.60 PER HR 63.60 PER HR 74.40 PER HR 85.20 PER HR 31.20 PER HR 18.00 PER HR 24.00 PER HR 48.00 PER HR 63.60 PER HR P,5 Jun,13 2008 1:43RM MIKE PRLICH & SONS, INC 626 813 1770 p,g Mike Prlich & Sons, Inc. 5103 Elton Street Baldwin Park; CA 91706 Tel: 6261813 -1700 Fax: 626/813 -1770 EQUIPMENT LIST TILT TOP TRAILER 3 AXLE ASPHALT ZIPPER ROLLER IR 22 ROLLER IR 24 DYNAPAC CP CUT -OFF SAWS CONCRETE/STEEL CHAIN SAWS TRASH PUMPS 3" TRASH PUMPS 4' SUB PUMP 2" SUB PUMP 3" SUB PUMP 4" TRAFFIC CONTROL ARROW BOARD — SOLAR TYPE 1 BARRICADE W/O FLASHER TYPE 1 BARRICADE WITH FLASHER DELINEATORS CRASH CUSHION BARRELS K -RAIL PER 20 LF RATE 7.20 184.80 38.18 38.05 51.60 6.60 3.00 7.20 8.40 1.20 2.40 3.60 9.90 .23 .44 .23 1.20 .47 PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER HR PER DAY PER DAY PER DAY PER DAY PER DAY E AMENDMENT NO.2 TO Ll PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, CA 92626 ("Contractor"), and is made with reference to the following: RECITALS A. On September 12th, 2006, CITY and CONTRACTOR entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2007. B. On June 26th 2007, City and Contractor entered into an Amendment No. 1 to extend the term of the Agreement to June 30th, 2008. C. City desires to enter into this Amendment No. 2 to extend the term of the Agreement to June 30th, 2009. D. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: Contractor shall perform various underground utility repair services pursuant to this Amendment No. 2 and according to the Request to Extend On -Cali Services Agreement dated June 12, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 2 for all work performed from July 1, 2008, to June 30, 2009, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 0 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By : -�- Gv- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation in Edward Selich, Mayor for the City of Newport Beach GCI CONSTRUCTION, INC. By: T-itle: President Print Name: En (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates mc;cf CONSTRUCTION, INC. Steve Myrter Utilities Director City of Newport Beach 3300 Newport Blvd. P O Box 1768 Newport Beach, CA 92658 0 EXHIff"K General Engineering Contractor Uc. No. 755356 June 12, 2008 Re: Professional Service Agreement — Utility Repair Services Dear Mr. Myrter: GCI Construction, Inc. is requesting to extend the Professional Service Agreement for another year, to commence on July 1, 2008. New rate Sheet(s) attached. Yours i T rsi Presi ent Encl. Union Rate Sheet, 7 -1 -08 245 Fischer Avenue, Ste. B-3, Costa Mesa, California 92626 - (714) 957-0233 • Fax (714) 540 -1148 tGCI CONSTRUCTION nlrzoos EQUIPMENT OPE RATE SCHEDULE DESCRIPTION _ FOREMAN PICK UP TRUCK 15.00 HOUR CREW TRUCK 30.00 HOUR INTL TRUCK TRACTOR INTTRAIL.ER 105.00 HOUR I SKIPLOADER 125.00 HOUR__ _ 4466 OR 446D BACKHOE/LOADER 145.00 HOUR _ 555D OR 555E_6ACKHOE/LOADER 135.00 _ HOUR NEW HOLLAND BACKHOEILOADER 135.00 HOUR _ 936 WHEEL LO_ADER 140.00 HOUR CAT 950 LOADER 140.00 HOUR CAT 950 E LOADER 145.00 HOUR CAT 307 EXCAVATOR 140.00 HOUR CAT 313 EXCAVATOR i 160.00 HOUR CAT 325 EXCAVATOR CAT 321 CLCR EXCAVATOR 185.00 HOUR 175.00 HOUR CAT 235 EXCAVATOR_ 220.00 HOUR KOBELCO 325B EXCAVATOR 220.00 HOUR RING O MA_TIC POT HOLING MACHINE 400.00 DAY 80.00 HR ASHPHALTZIPPER 250.00 HOUR Plus Teeth _ ARROWBOARD 98.00 DAY BLADE 550.00 DAY Bare WATER TRUCK 265.00 DAY Bare COMPACTION WHEEL 25.00 HOUR COMPRESSOR 152.00 DAY COMPRESSOR WIJACKHAMMER 228.00 DAY 2000 MULTIQUIP TOWABLE GENERATOR 205.00 DAY HYDRAULIC BREAKER 43.00 HOUR 2000 LBS LIGHT TOWER 92.00 DAY _ WACKER__ __ Zisman Trailer 92.00 DAY _ 18.00 HOUR _ _ 4" trash pump & hoses 92.00 day 6x16 Trench Box 72.00 day 210.00 Wk 630.00 Me _ _ 4 x 16 Trench Box 72.00 day 210.00 Wk 630.00 MO 6 x 24 Trench Box 168.00 DAY 500.00 Wk 1500.00 Me LABOR_ FATES: REGULAR OVERTIME DBLTIME LABORER GRADING 51.55 69.11 V LABORER SEWER 52.70 70.73 88.75 _ LABORER WATER 51.65 55.09 56.33 55.19 65.32 69.24 74.40 76.17 74.55 89.20 86.84 93.72 96.01 93.92 113.09 ___ _ -_ PIPELAYER GRADING _ PIPELAYER SEWER PIPELAYER WATER_ OPERATOR GRADING OPERATOR SEWER 66.20 65.92 90.49 90.09 114.79 114.26 _ _ OPERATOR WATER FOREMAN GRADING_ 67.82 68.74 90.14 91.45 114.34 116.06 _ FOREMAN SEWER FOREMAN WATER 68.46 91.04 115.631 101T HUI oil 0 0 AMENDMENT NO.2 TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 10th .day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and MIKE KILBRIDE, LTD., a California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659- 8341 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 12"', 2006, CITY and CONTRACTOR entered into an On- Call Professional Services Agreement, hereinafter referred to as "Agreement ', for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2007. B. On June 26°i, 2007, City and Contractor entered into an Amendment No. 1 to extend the term of the Agreement to June 30"', 2008. C. City desires to enter into this Amendment No. 2 to extend the term of the Agreement to June 30"', 2009. C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 2 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall perform various underground utility repair services pursuant to this Amendment No. 2 and according to the Request to Extend On -Call Services Agreement dated June 10, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 2 for all work performed from July 1, 2008, to June 30, 2009, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2009. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. • • IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By. -^ - C . r -� Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Edward Selich, Mayor for the City of Newport Beach MIKE KILBRIDE, LTD. By: Title: President Print Name: M (Financial Officer) Print Name: Attachment: Exhibit A - Request to Extend On -Call Services Agreement Exhibit B - Schedule of Billing Rates • MIKE KILBRIDE, LTD. • General Building & Engineering Contractors License 738400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 June 10, 2008 City of Newport Beach George Murdoch Utilities Department Re: Professional Services Agreement George: j1i�+ 2�0 d 'EXHIBIT "All Pleas extend our professional service agreement for another year to commence on 30a' day of June, 2008. Please note that there are rate changes for this contract from the previous year. Please contact our office with any questions. Thank you, Mike Ubride • MIKE KILBRIDE, LTD. • General Building & Engineering Contractors License 738400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 HOURLY RATE LIST WE1111 Hourly rate Minimum Charge Operated equipment Backhoe with bucket 150.00 4 hours Backhoe with hoepack 150.00 4 hours Backhoe with hyd. breaker (HYRAM) 170.00 4 hours Backhoe with compaction wheel 150.00 4 hours Bobcat loader 150.00 4 hours Bobcat breaker 170.00 4 hours Pipefitters Foreman & tool truck 105.00 4 hours Pipefitter 65.00 4 hours Laborer Update 6/1108 f, r i • • ", ?VJl AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, CA 92626 ( "Contractor"), and is made with reference to the following: RECITALS A. On September 12th, 2006, CITY and CONTRACTOR entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement", for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30th, 2008. C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. I", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall perform various underground utility repair services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 18, 2007, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 2, 2007, to June 30, 2008, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: -` s Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: �— /7) . 44�' LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation ...-.1-. for the City of Newport Beach GCI CONSTRUCTION, I Title: President Print Name: jam Officer)By: f��inancial Title: Print Name: F10ud fi�3WU4- Attachment: Exhibit A - Request to Extend On -Call Services Agreement Exhibit B - Schedule of Billing Rates • GC1 CONSTRUCTION,INO. CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Mr. George Murdoch 949 W. 16f' Street Newport Beach, CA 92658 (949) 644 -3011 Fax(949)646 -5204 Re: Professional Service Agreement Utility Repair Services Dear Mr. Murdoch, 9 EXHIBIT "N' General Engineering Contractor LiQ No. 755356 June 18, 2007 Please extend the Professional Service Agreement for another year to commence on July 1, 2007. Also note the rate increase on the attached sheet. Yours GCl C Di espie �.,... 245 MCEUM AV ENM STE. B-3, COSTA MESA, CAI.TFORNu 92626 (714) 957 -0233 FAX (714) 540 -1148 ;a • �' 6CI CONSTRUCTI EQUIPMENT OPERATED RATE SCHEDULE *a DESCRIPTION FOREMAN PICKUP TRUCK • 13.00 HOUR If CREW TRUCK.- 29.00 HOUR -- -- - - - -- INTL TRUCK TRACTOR WI TRAILER _ 95.00 HOUR SKIPLOADER 119100 HOUR 4468 OR 4460 BACKHOEILOADER 145.00 HOUR _555D OR 555E BACKHOEILOADER _ 135.00 HOUR 765 BACKHOEfLOADER _ 1998 HOLLAND BACKHOFILOADER 130.00 HOUR - 936 WHEEL LOADER -.. , . _ 140.00 HOUR CAT 950 LOADER 130.00 HOUR CAT 950 E LOADER - 140.00 HOUR - CAT Off LOADER - -- -_.. ._ 155.00 HOUR CAT 307 EXCAVATOR 140.00 HOUR CAT 313 EXCAVATOR _ 160.00 HOUR _ CAT 320 EXCAVATOR 175,00 HOUR AT 235 EXCAVATOR 190.00 HOUR CAT 245 EXCAVATOR 224.00 HOUR 8.. .... -- - -- - - 160.00 HOUR KOBELCO 3256 EXCAVATOR 188_00 HOUR RING O MATIC POT HOLING MACHINE _ - 400.00 DAY 80.00 HR ASHPHALTZIPPER _- 244.00 HOUR Plus-Tooth CASE VIBRATORY ROLLER 40.00 HOUR _ ARROWBOARD --- _ 9200 DAY BLADE 550.00 DAY FIRM WATER TRUCK 236.00 DAY lowra COMPACTION WHEEL Z2,Op R COMPRESSOR -- 15200 DAY - COMPRESSOR W /JACKHAMMER 224.00 0AY _- 2000 M_ULTIQUIP TOWABLE GENERATOR 205.00 DAY HYDRAULIC BREAKER 43.00 HOUR 2000 LOS UGHTTOWER -_ . _ 0100 DAY WACKER -- --•--••-- 92,00 DAY Zleman Tralfer -- 14.00 HOUR ! - - 4' trash PUMP & hoses 92.00 day 6x16 Trench Box 72.00 d 210.00 Wk 630.00_Mo 14x 18 Trench Box_ 72,00 day 210.00 Wk 630.00 MO - 8 x 24 TreeOox -_- - LABOR RATES. 188.00 DAY _ - - 500.00 Wk 1500.00 Mo -- REGULAR OVERTIME DEL TIME - -- LABORER GRADING 47.96 64.01 - - -- - -- 90.06 LABORER SEWER 48.74 65.11 81.0_8 LABORER WATER _ - 48.47 64.73 -- - ' 8059 - PIPE-LAYER GRADING - - 51.01 69.19 8293 -_ PlIPELAYERSEWER 5228 70.39 84.40 PIPELAYER WATER 89.98 8390 OPERATOR GRADING ._ _ I - Sa.721 80.59 102 48 OPERATOR SEWER _ 80.12 8284 105.16 - OPERATOR WATER _ 59.68 12111 104 32 FOREMAN GRADING - 60.82 80.58 102.08 . _ FOREMAN SEWER - 62.07 - 82.64 705.16 FOREMAN WATER 61.82 - - BY THE CFrY WYOFNERPORr BEA !ui "5, ;i • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 June 26, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department George Murdoch, Acting Utilities Director 949 - 718 -3400 or gmurdoch(cDcitv.newport- beach.ca.us SUBJECT: UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS Approve Amendment No. 1 to Professional Services Agreement with GCI Construction, Inc. and Amendment No. 1. to Professional Services Agreement with Mike Kilbride, .LTD. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendments. DISCUSSION: On September 12, 2006, the City Council approved Professional Services with GCI Construction, Inc. and Mike Kilbride, LTD., to provide as needed on -call underground utility repair services on a time and materials basis based on the rate sheet shown in Exhibit B. These amendments will lock in prices through June 30, 2008. The scope of work for the on -call professional agreements being amended would include the following services: underground utilities, storm drains, building and repairing sewer laterals and mains; building and repairing water services including fire hydrants, detector checks and backflow devices, street and grading improvements. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is available in various Maintenance and Operations Water, Wastewater and •General Funds (General Services) accounts. Periodically, a Capital Improvement Account will be utilized, as necessary, to facilitate project expediency. enderground Repair Services — App*al of Amendment No. 1 to Professional On -Call Service Agreements June 26, 2007 Page 2 Expenditures more than $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: Submitted by: 4 9 Cindy Asher Georg urdoch AdministrativbrManager Acting Utilities Director Attachments: Amendment No. 1 with GCI Construction, Inc. Amendment No. 1 with Mike Kilbride, LTD. • LJ 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a municipal. corporation, (hereinafter referred to as "City") and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, CA 92626 ( "Contractor"), and is made with reference to the following: RECITALS A. On September 120, 2006, CITY and CONTRACTOR entered into a On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Underground Utility Repair Services. This Agreement is ,scheduled to expire on June 30th, 2007. . B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30th, 2008. _ C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall perform various underground utility repair services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 18, 2007, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 2, 2007, to June 30, 2008, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. PCI.CON.STRUQTiT ,QUIPMENT OPERATED RATE SCHEDULE DESCRIPTION . I ;REMAN PICK UP TRUCK 13.00, HOUR WW TRUCK 29.00 HOUR iL W1 TLRAILER 95.00 HOUR UPLOA13ER 119.00 HOUR 88 OR 4460 5 AC K 110 MO �:V- 145.00 HOUR 5D OR 555E BACKHOEIIJOADER 135.00 HOUR I BACKHOEILOADER t3&00 HOUR III HOLLAND BACKHoe(LOAC)ER 130.00 HOUR WHEEL LOADER R_ T95OLOADER =0 211 T VSD E LOADER 140.00 HOUR 17960LOADER 155.00 HOUR r 3o7 EXCAVATOR 140.00 HOUR r 313 EXCAVATOR 4 100.5HOUR. P320 EXCAVATOR 17,1 r 235 EXaAVATOR c 0(, tI!u qtoli '245 EXCAVATOR 22400 HOUR Dozer 160.00 HOUR . SE . LCO325BEX6AVAi6R -2611 - ; 0 MATIC POT HOLING MACHINE 400_00 DAY 80.00 HR PHALT2IPP9R 244.00 HOUR Plus Tooth E VIBRATORY ROLLER 80.00 HOUR OVWOARD 92.00 DAY DE ER TRUCK 236,00 DAY no" 40 PACTION WHEEL Z2.00 HOUR PRESSOR _ 152 00 DAY PR95WR WIJACKHAMMER 228 OD OAY MULTiQUIP TOWABLE GENERATOR 205.00 DAY tAUUO BREAKER 43.00 HOUR 12000 LOS goweR f 92.00 bAY • Cat 92.00 DAY a T;ellsr 18 00 HOUR !turn rtump &hoses 92. a tench Box moo 210A0 Wk Trench Box 72 00 day 210.00 Wk GMOO Mo 630A0 Uo Trench Box 166.00 DAY 500.00 Wk OR RATES: REGULAR OVERTIME DBL TIME tER GRADING 47.96 64.01 00.06 1500-00 Mo 48-741. 65.111. iAs lik w4iiii 4.41 9 8 7 kYER GRADING g1A 1 113 CYlifiSEWER 52-26 70.39 "Al) LYER WATER 61.97 69.98 83.90 TOR GRADING . P0.59) -1-'' TOR SEWER 60.12 sz"l 105.16 TOR WATER 59.-w 10"2 AN GRADING amillif 102." AN SEWER 62.07 82.64 6 W WATER 61.62 8200 , AMENDMENT NO. 1 TO • PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and MIKE KILBRIDE, LTD., a California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659- 8341 ( "Contractor"), and is made with reference to the following: RECITALS A. On September 12th, 2006, CITY and CONTRACTOR entered into an On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Underground Utility Repair Services. This Agreement is scheduled to expire on June 30th, 2007. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30th, 2008. C. City and Contractor mutually desire to amend Agreement, hereinafter referred to as "Amendment No. 1 ", as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. Contractor shall perform various underground utility repair services pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 18, 2007, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 2, 2007, to June 30, 2008, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to June 30, 2008. 4. Except as expressly modified herein, all other provisions, terms, and covenants set forth in Agreement shall remain unchanged and shall be in full force and effect. 40 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH • A Municipal Corporation M Steve Rosansky, Mayor for the City of Newport Beach MIKE KILBRIDE, LTD. Title: President Print Name: By: (Financial Officer) Title: • Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates ri LJ MIKE KILBRIDE, LTD. General Building & Engineering Contractors License 738400 P.O. Box 3341 • Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 0 U June 18, 2007 City of Newport Beach George Murdoch Utilities Department Re: Professional Services Agreement George: WIN IN Please extend our professional services agreement for another yew to commence on the 30'h day of June, 2007. Also, note that there are no rate changes for this contract from the previous year. Please contact our office with any questions. Thank you, Mike Kilbride 0 0 MIKE KILBRIDE, LTD. General Building e Engineering Contractors EXHIBIT lip License 738400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 Loadarm &✓Excavators - 8 Hour Minimum Move on/Off 953 TRACK LOADER $ 135.00 Szsa.w 963 TRACK LOADER $ 150.00 $40.00 950 RUBBER 71RE LOADER $ 136.00 54a0.ao 210 EXCAVATOR 20 McWc Tort Class $ 750.04 MOM 210 EXCAVATOR with Thumb $175.00 "W.00 *MOVE ON & OFF PRICES APPLY Lowbad $110.00. per-hour outside Ornn4e County . x SACKHOSS 4 Hour Mb imum BA.CKH.OE 4 WHEEL DRIVE $ 100,00 Hy-RAM S 150.00 HOE -PAC S 125.00 BACKHO010 WHEEL COMBO $ 125.00 SOBCQTS- 4 HogrNmimgm T-200 RUBBER TRACK LOADER BOBCAT LOADER BOBCAT BACKHOE BOBCAT BREAKER B013CAT 110 WHEEL COMBO BOBCAT/ BOBTAIL COMBO BOBCAT /AUGER BOBCAT WINCH * TRUCIC/NG.4 Hour Minimum 10 WHEEL DUMP TRUCK SEMI END DUMP 40 YARD & LOWSIDE CONTAINERS " COMPRESSORS. 3 Hour Minimum 2 MAN COMPRESSOR ` CONCRETE CUTI7NG- 2 Hour Minimum FLAT SAW * CORBDRIL.L HAND SAW /AIR SAW WALL. SAW 8 Hour Minimum HYDRAULIC FL ATIHAND SAW * LABORERS - 4 HourMinimum LA60R FOREMAN TRUCK & TOOLS GENERAL LABORS : CONS7RUC77ON SITE CLEAN UP SERVICE $ 125.00 $ 95.00 $ 96.00 $ 125.00 $ 125.00 $ 100.00 $ 100.00 S 150.00 $ 76.00 $ 90.00 $ 460.00 $ 110.00 S 110.00 $ 110.00 $ 125.00 5 1Z6.D0 $ 60.00 $ 35.00 (MinIMUm $250.00) Excludes Dump F�e 6100.00 546.00 5710.00 S11a.00 $60.04 C� J U PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 12th day of September, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, California, 82626 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for emergency underground utilities services in regards to City infrastructure. C. City desires to engage Contractor to perform on -call emergency underground utilities services in various locations and for various City infrastructure. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Contractor for purposes of Project shall be Terry Gillespie. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Cali" emergency underground utilities services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Contractor shall provide • • a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 W 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 compensation for services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Utilities Department. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. 2 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor's bills shall include the name of the person and/or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Terry Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. K 0 0 Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Pete Antista shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Contractor will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Contractor and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced. personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. Il 0 9 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Contractor]) or Contractor's presence or activities conducted on the Project (including the negligent and/or willful acts, errors and/or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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). 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. 0 41 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. n 0 0 D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Contractor for City. 2. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following speck language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. 7 0 0 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. A. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. B. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. E-J n u 16. SUBCONTRACTING 0 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractors expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Contractor shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Contractor. By acceptance of CADD data, City agrees to indemnify Contractor for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file for City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. E E 19. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Contractor shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's drawings and specifications provided under this Agreement. 21. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 22. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and /or restoration expense shall be borne by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 10 0 0 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 25. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949- 644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: GCI Construction, Inc. 245 Fischer Avenue, Ste. B -3 Costa Mesa, CA 92626 Phone: 714 - 957 -0233 Fax: 714 540 -1148 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be 11 0 0 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 provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Contractor shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 12 0 0 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 36. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 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: By: �— Aaron C. arp, Assistant City Attorney for the City of Newport Beach ATTEST: By�-X�� - LaVonne Harkless, City Clerk�,� Attachments CITY OF NEWPOR EACH A Municipal Corpor ti By: (" Q, Don Webb Mayor for the City of Newport Beach CONSULT In rporate Officer) Title: –Ti"2.SiG-&L-� Lj Officer) Jir t/ ' Print Name Exhibit A – Statement of Qualifications Exhibit B – Schedule of Billing Rates F:\users\cat\shared\Ag\On-Call\Template.doc 14 08/30/2006 11:31 FAX 7145401148 GCI CONSTRUCTION • U 002/006 • k a C I C0NS' TRUl':T10N.INC. CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Mr. Pete Antista 949 West 161" Street Newport Beach, CA 92663 (949) 644-3011, fax (949) 848 -5204 Dear Mr. Andste, EXHIBU 'A ' General Engineering Gantraotar tic. No. 755356 August 30, 2006 I would like to take this opportunity to introduce G C 1 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 24 years of experience as a General Engineering Contractor in this field. We have also worked for the City of Newport Beach for that entire 24 year period on various projects. Our key individuals would be Terry Gillespie, President; Richard Thrall, Vice President; and Floyd Bennett, Secretary Treasurer. Terry Gillespie has over 35 years experience in this industry. Richard Tirrell and Floyd Bennett have over 45 years experience in this industry. Present commitments would be Terry Gillespie overseeing certain projects in a supervisory/superintendent 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. GCI Construction, Inc. is a full service general engineering contractor with many years experience working with numerous Public Works agencies 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. 2:15 f'lschurAvonue. Sty:. U.3, Gomm monit C,rddonua V626 • (,'I =) 95141233 • F_ix 1, I�; 54U 11 4B 08/30/2006 11:31 FAX 7145401148 GCI CONSTRUCTION Q 003/006 A& in QCI CONSTRUCTION -riumm! EQUIPMENT OPERATED RATE SCHEDULE_ DESCRIPTION FOREMAN PICK UP TRUCK 13.00 HOUR CREW TRUCK 29.110 119.00 14&W I9S.01 "OUR HOUR HOUR HOUR SICIPLOADER 441R WKHOERAMER 5550 BACKHOEfLOADER M BACKHOEILOADER 135-01 HOUR 1999 HOLLAND SACKHOEILOADER- CAT 950 LOADER CAT M E LOADER 130.00 130L80 HOUR HOUR 140" CAT 90 LOADER I 5S.Go HOUR CAT 887 EXCAVATOR CAT 320 EXCAVATOR CAT 235 EXCAVATOR 140.119 175.00 HOUR HOUR 190.00 HOUR CAT 246 EXCAVATOR 27400 HOUR . .... ....... 024 Dozer KOBELCO 3250 EXCAVATOR _174L00 130-00 HOUR .. "OUR RUG 0 MMC PUT HOLING MACHINE 408AD DAY 80.00 MR ASHPHALT ZIPPER 244.00 HOUR Plus Troth CASE VIBRATORY ROLLER 9.0.00 SLOG HOUR DAY ARROWBOARD Tw COMPACTION WHEEL 22AO 151.00 221.00 205.00 HOUR COMPRESSOR COMPRESSOR WIJACKHAMMER - DAY DAY DAY 2NO MULTIQUIP TOWABLE GENERATOR HYDRAULIC BREWER HOUR 2080 LIES LIGHT TOWER WACKIER --AM A2.00 DAY 9200 DAY Ziman Trailer 18.00 HOUR Ozoo ... 72.00 72.00 d.I§L IWO Trench Bw 4 x 16 Trench Bat day day 210._00 Wk 210.00 Wk M-80 Mc 9 x24 Trench Box 160.00 DAY MAGWIt 1600.00111 LABOR RATES- REGULAR 42.30 43.68 OVERTIME "a 67.92 DSLTIME Sl.T 72.15 LABORER GRADING LASORER3EWER LABORER WATER 43.27 $7.35 71A2 ElWA)LTLR GRADING PIPELAVER SEWER PIPELAYER WATER 45.72 47M 46.78 $0.72 81.13 63.24 62.62 76.54 7925 7845 OPERATOR GRADING 90.59 IDL46 OPERATOR SEWER OPERATOR WATER IFOREMAN GRADING SQA2 soles 60.62 02.07 l"A2 92.44 • 82.00 80.90 82." gZall iftis 10492 102AS FOR r- MANS!M?!_ FOREMAN WATER 105.16 184.32 F.101181T'B' 08/29/2006 16:01 Seltzer Insurance 140 Cente=2al Tustin, Ca 92780 acl 2045, :PF 8 C D 3 7146659801 :'PION, INC. Ave. Suite 13- PAGE 0e' v — 7 O U U TICS CUTIMCATI IS sMED A8 A MATTER OF IIKORFARYPGN OMLY AND CORPLAS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTMATE DOES NOT AMEND, FXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIEs BELOW. A u Scottsdale Insurance Company A Gcacooa �B B°'"" Lincoln General Insurance Compare x C CWnPW A=a D - Redwood Fire & Casualt y Cc MM 13 TO CHIT" THAT TNQ FOUCM Op MCURANCE LISTED BROW HAVE BEEN iS9J4D TD TNI 1 RIDI[ATW. NOTWRHSTAHDMO ANY gEDBI1H.IEHT. TEgM OR CONDITION OF ANY CONTRACT OR O � M41LD ABOVII FOB THE FOUCY TMS CERTIFICATE "My BE ISS"'ED OR MAY FEATAIH. THI MSUgANCE AFFORDED BY THB DOCWd/f NTH BL73PE[T TO WMICM THE BONS AND CON0 W OF SUC ItB U REDUCED DESCRIBED IMM IS SVEIACT TD ALL SHOWN MAY NAVE BEEN REDUCED BY P4E) CLApIS POLICY POLICY 7YP41 OF INSURANCE POLICY RUMBHI EF T IXPIRA11ON iRAL LIABNT DATE DATE LIMITS ffWtW0 "LWWI SCSOO22603 04/01/06 04/01/07 P, "I lode OM, 6310002686 1,000 W633 -6113 b=98401780 cers, Cutg Of NeWPOrt Desch pub is Works Department 3300 N ort goulety.a�d Newport each, CA 92663 01/06 01/06104/01/07 17/06 03/17/07 4/01/06104/01/07 D"BN UmB ,000 ia.Le, employees and volunteers are named adorsemente required by contract with scared. *10 Day Notice For Nan - payment ANY OF THE ABOVE DQSCMBEO POLICIES BE CANCELLED BEFORE THE f ION S Wf 7HEABOP, THE L4SUDJC COMPANY WILL &I MALI +1 DAYS WRITTEN MQ"OE TD THE CERTIFICATE HOLDER N�iAi ED ^PTO THE 08!29/2006 16:01 7146659801 • PAGE 03106 GCI CONSTRUCTION, INC. POLICY NUMBER: 13CS0012603 SCOTTSDALE INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY- ADDITIONAL INSURED - OWNERS, LESEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsemen modifies Insurance provided under the foppwing: COMMERICAL GENERAL /!ABILITY COVERAGE PART Name of Person or Organization: SCHEDULE City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers Location and Description of Completed Operations: Agreement For Emergency Services As Required By Contract Additional Premium: INCLUDED of no entry, appears above, information required to complete this endorsement will be shown in the Declarations as applicable to Iris endorsement). SECTION 11— WHO IS AN INSURED is amended to included as an insured the person or organization shown in the Schedule, but schedule of this elndorsemme�perfomted for that insured �and included in the 'products —completed doperations hazard'. insurance maintained by the add primary insured(s) its exccess and on- contributory with this policy as respects to worts h perfrxmed by the named insured. IT IS FURTHER AGREED that 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 orgenbcation shown in the schedule above. .• A ed repr6.9mm . GG20 37 10 01 iso Preperem. 2000 Page 1 d 1 08/28/2006 16:01 7146659801 • Auto Additional Insured Form Lincoln General Insurance Company Insured: GCI Construction, Inc. policy, No 63400026M ... THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAEFULLY ADDITIONAL INSURED - OWNER, LESSEE OR CONTRACTORS TMs Endorsement Modifies Insurance Provided Under The Following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: City Of Newport Beach, Its Officers, Agents, Officials Employees and Volunteers PAGE 04/06 Who is an Insured (Section II) Liability Coverage is amended to included as an Additional insured the persons or organization showing in the Schedule, but only with respect to liability arising out of a auto acadent and occurring while operations are being performed for them by the •insured" and occurring while a COVERED AUTO is being driven by the gnsured" employees. It is Further Agreed that such Insurance afforded the additional Insured shall apply as Primary insurance and that Insurance carried by the CRY of Newport Beach, its Officers, Agents, officials, Employees and Volunteers will not contribute with this insurance. �� 1 !�. 08/28/2006 16:01 7146659801 WORKERS COMPENSATION AND EMPLOYERS IJABILIW INSURANCE PoLtCY INSURER REDWOOD FIRE AND CASUALTY IFO�iA4NCE COMPANY • PAGE 05/06 PURM NUMBER ADDITIONAL MMREO(S) ENDORSEMENT . , It is agreed that such insurance as is afforded by this policy also applies to the following as Additional Insured(s), but only with respect to employees hired by and included on the payroll of the Named Insured while performing work for the Additional Insured(s). Additional Insured(s): 1. City of Newport Beach 2. Its Ofricers, Agents, Officials, Employees and Volunteers RE: As Required By Contract THIS ENDORSEMENT DOES NOT WAIVE ANY RIGHT OF SUBROGATION. rr r This W dmvrp%M changes the poky towhieh s o an ks1 unnigss of Po i sWed. a Ufle kftM lloo below Is reputed a* when Endorsement EIfe*la 03/17/2006 Policy No. vy633 -6113 Endorsement No. 5 inww GCI ConshuCdon.111m. etal (A CORP ) WmWsWied by J Auteoraed Agent 03/17/2006 4 08/29/2006 16:01 7146659801 MIME RS COMPENSATION AMD LWLOY'M Lbi9R17Y IMSUP . POLICY INSURER REDWOOD FIRE AND CASUALTY INSURANCE cDMPANY CAM 4D:0% CAUFORMA WAIVER O OUR-RIGHT TO REtyOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone li against injury covered by this policy. We will not enforce our rig ae the person(s) or organizadons(s) named in the Schedule. This agree- ment 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 remun- eration of your employees while engaged in the work described in the Schedule. The additional premium Compensation premium premi m otherwise due oof uch remun- ifomia Workers' Compe eration. Minimum Premium: Schedule: Person or Organization: Job Description: ------------ PAGE 06/06 FORM NUMBER WC- 633.0113 1. city of Newport Beach As Required By Contract 2. Its OfFoers, Agents, Officials, Empioyees and Volunteers t•. TW eodorsemerd changes the D M which k aM chO and is affecift on the dale Issuo";4.4s wlen�nse stand• (The kdormatlon below is regalvd OW when thb endom merit k bawd subsequent td pia v al of the policy.) ewarsaiwoM Elfeouve 03f1 71M Pow bb. WC01234667 End rsan�or No: of Irrsraed acl coNSTRUCTION, lNC J gL 03117M � CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Pete Antista, Utilities Director 949 -718 -3400 or pantista @city.newport- beach.ca.us SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS ISSUES: Should the City execute a Professional Services Agreement with GCI Construction, Inc. (GCI) for emergency underground utility repairs on an on -call basis? RECOMMENDATION: Authorize the Mayor to approve an agreement with GCI Construction, Inc. for emergency underground utility repairs on an on -call basis. DISCUSSION: A request for qualifications for on -call services was requested of GCI Construction, Inc. (GCI). Due to the nature of an emergency requiring immediate repair work, staff is recommending approval of an on -call agreement with GCI to provide "as needed" emergency underground repair services. Terms for services to be performed will be on a time and materials basis and will be based upon the rates shown in Exhibit B. This agreement will formalize on -call emergency services with GCI and lock prices through June 30, 2007. GCI has been doing business for 16 years as a General Engineering Contractor specializing in underground utilities, storm drain, sewer, and water, street and grading improvements, and providing emergency repair for all of the services mentioned. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. 0 0 Approval of On -Call Professional Service Agreement September 12, 2006 Page 2 Funding Availability: Funds for emergency repairs are available as follows: Water — 5500 -8160 and 7501 C- 5500074 Wastewater — 5600 -8160 and 7531 C5600292 Expenditures more than $30,000 for an individual project will require a separate City Council action in accordance with Policy F -14. Prepared by: Cindy AAer Administrative Manager Submitted by: Pete ntista Utilities Director Attachments: On -Call Professional Services Agreement H • 1 • PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 12th day of September, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. 13-3., 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 has a need for on -call assistance for emergency underground utilities services in regards to City infrastructure. C. City desires to engage Contractor to perform on -call emergency underground utilities services in various locations and for various City infrastructure. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Contractor for purposes of Project shall be Terry Gillespie. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call" emergency underground utilities services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Contractor shall provide N 0 0 a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other 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. 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 CONSULTANT 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 compensation for services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Utilities Department. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. q r. 0 0 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and/or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Terry Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 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. 5 0 Contractor warrants that it will continuously fumish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Pete Antista shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Contractor will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Contractor and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced. personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. n 11 0 0 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractor's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the "Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and/or design defects [if the design originated with Contractor]) or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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). 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. V 5 11. COOPERATION 0 Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and /or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. - Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 0 0 0 D. Coverage Requirements, 1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employers Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, . employees and volunteers for losses arising from work performed by Contractor for City. 2. General Liability Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. 3. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. I 7 ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. A. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. B. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. t0 0 16. SUBCONTRACTING 0 The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Contractor shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Contractor. By acceptance of CADD data, City agrees to indemnify Contractor for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans, The City will provide AutoCAD file for City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 0 19. CONFIDENTIALITY 0 All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Contractor shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's drawings and specifications provided under this Agreement. 21. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 22. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and /or restoration expense shall be bome by Contractor. Nothing in this paragraph is intended to limit City's rights under any other sections of this Agreement. 12 In 0 0 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 25. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949- 644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: GCI Construction, Inc. 245 Fischer Avenue, Ste. B -3 Costa Mesa, CA 92626 Phone: 714 - 957 -0233 Fax: 714 540 -1148 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be 13 11 0 0 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 provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Contractor shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. ru 12 41 0 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attorney. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions 'of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 36. INTERPRETATION The terrns 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. 15 13 0 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: A-^— Aaron C. arp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: Don Webb Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A – Statement of Qualifications Exhibit B – Schedule of Billing Rates F:lusersl cat lshared\Ag\On- Call\Template.doc is i6 08/30/2006 11:31 FAX 7145401146 SCI CONSTRUCTION ID002 /006 k.GCI CONSTAU(:TION.,NC. CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Mr. Pete Andsta 949 West I e Street Newport Beach, CA 92663 (949) 644 -3011, fax (949) 646.5204 Dear Mr. Antista, EXHI&f'A° Cc:nersl Enyineering Gontractor Lic. No. 755356 August 30, 2006 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 to underground utilities, storm drain, sewer, water, street 8 grading improvements, provide emergency repair for all of the services mentioned. In 1998 we began G C 1 Construction, Inc.. We are still engaged in the same type of work. Combined we have over 24 years of experience as a General Engineering Contractor in this field. We have also worked for the City of Newport Beach for that entire 24 year period on various projects. Our key individuals would be Terry Gillespie, President; Richard TUrell, Vice President; and Floyd Bennett, Secretary Treasurer, Tany Gillespie has over 35 years experience in this industry. Richard Tircell and Floyd Bennett have over 45 years experience in this industry. Present comndtments would be Terry Gillespie overseeing certain projects in a supervisory/superintendent capacity. Richard Thrall also oversees projects in the same capacity. Floyd Sennett 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 Superintanden7Foreman and Project Managers on all of our projects running them from start to finish. They too have many years experience In this Industry. GCI Construction, Inc. is a fun service general engineering contractor with many years experience working with numerous Public Works agencies 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. LIA5 (1sch;:rAvenue. 8w. B -3, Goxln M(-:at Grlhlrnnto 1"26 • 1,14) 95141'33 • F<Ix I, 1,3;'_+•10.11 t8 17 08/30/2008 11:31 FAX 71454011A GCI CONSTRUCTION a 1@003/006 OCI CONSTRUCTION EQUIPMENT OPERATED RATE SCHEDULE DESCFJFMON FOREMAN PICK UP TRUCK 13.00 "OUR CREW TRUCK SICIPLOADER 4488 BACKHOEILOADER 555D BACKHOEFLOADER .00 119-00 146.110 135.00 HOUR HOUR HOUR HOUR 755 SACKHOEAMADER IM HOLLAND BACKHOEWJWEF- CAT 96O LOADER CAT 950 E LOADER 135.00 HOUR _, 190-00 _ 131LOO 140-00 HOUR HOUR HOUR CAT 956 LOADER CAT 307 EXCAVATOR CAT 320 EXCAVATOR CAT 235 EXCAVATOR 166.00 HOUR MO 175.00 HDLM. - .. HOUR IrMOMO HOUR CAT 24SEXCAVATOR 22400 HOUR 924 Dour xoamco 3258 EXCAVATOR --nk.00HOUR 188.40 HOUR RING 0 MAT IC POT HOLING MACHINE 40BAC DAY 80.110 HR ASHPHALT 23PPER 23300 HOUR Plum Taalh CASE VIBRATORY ROLLER-- 60.00 92.00 HOUR DAY ARROWBOARD COMPACTION WHEEL 22.00 22LOO 206.00 HOUR CO?APR RE E8% COMPRESSOR!'48T9i�MER__._.. DAY DAY 2000 MULTIOUIP TOWABLE GENERATOR HYDRAULIC BREAKER LIGHT TOWER.. WACKER .00 HOUR 200 LBS 92.00 DAY Mmmn Trager 18100 HOUR.- hob" Y2 00 72 day MOD d IGLOO DAY 1xi 5 Tmnrh Sm 4 z 16 Trench Box 21 210.00 500.00 Wk 6=,pq Wk 630.00 Wk 1500m M M ma I x 24 Trw" Om LABOR RATES: REGULAR 4L39 43.60 "27- WeRnME DEL ss 57.52 STJS TIME 69.7 72.15 TIA2 LABORER GRADING LABORER SEWER LABORER WATER EI.MLi)TLR GRADING ?-'PE-LAmR- WVVkR PIPELAYFR WATER 47.29 46.70 511.72 81.13 70.54 $124 02.62 7845 OPERATORGRADma 80.69 102.46 OPERARE TO WER S ----- - ------- OPERATOR WATER IFOREMANGRADING 60.12 SLIM) 80.62 BMW 82,64 RZAO -6.0-69 02." Moo 106.16 104.32 10245 FOREMAN SEWER_ FOREMAN WATER 105.16 10432 EXHI&T'B' 0 08/29/2006 16:01 71466590 • PAGE 02/06 AC4REr Pr (714) 665 -9800 3 e1 tier Insurance SE TviC a 'Seltzer Insures 1el Tustin, en 92780 TIAS CERWICATl 19 ISSUED AS A MATT" OP INFURMATTON ONLY AND CONFERS NO fMHTS UPON THE CERTIFICATE HOLDER. THIS CERTIRCATE DOES NOT AMEND, EXTEND OR ALTER THE COVERADE AFFORDED BY THE PCUCIES BELOW. ce ftv Scottsdale insurance Company A compww Li cola General insurance Company 8 k s red GCY COOT•J85 AIG GCI CONSTRUCTION, INC. C CMB, INC. 245 Fischer Ave. Suite B-3 D Redwood lFire & Casualty Cc 7X1616 TO CERTIFY THAT THE POLMS OF INSURANCE LISTED BROW HAVE vew wm=TO THE wsLkvn NAMED ABOVE POn THE POUCY M GATED, NOTYATHSTANOINO ANY REDORWI NTH TERM OR CONDITION OF ANY CONTRACT DR OTHER DOCUMENT WRX RVSPMT TO WXICH TM5 CERTIFICATE MAY BE LVULYD DR MAY PERTAIN, THE INSWANCE AFPDRDED SYTHE POLICIES MCMEO HEREIN IS SUBJECT TO ALL THE TERMS, EICLVS*NS AND CONDITIONS OF SUrH POLICIES. LIMNS WOWN MAY HAVE B ENRMMUCED BY PAID Ct POLICY POLICY E OF MURANCE POLICY NUVMER R*WTr EXPIRATION LIMITS UAS d&a LWWtr_ BCS0012603 4/D1/06 04/01/D7 cm+eRd re .m Product-c 4t."NApp ftyp AdY, do I u 114 r 00m a CaronowYF pmtwT. EPeh PNG Dpm1 a IAn 1 }PA) fBmw 0.Te?cAl ane TO MOBILE LIABLITY A 6310002686 04/01/06 04/01/07 AU - d Bodw ed A%*M BAade I" +�na j /am" DAd $ 1,000 PpppRy DemN3F GARAGE LIABILITY AUM O*V- AcddaM DI Then 6M O Ant Aub EfgI APCMem A C C BIL Fw BE7422375 04/01/06 04/01/07 EveA Gayer Then lFP6dTe D WORKER COIN ATION EMPLOYERS`LLaBB TTY Phl Ft"F_- /, J d !R: Eec1 W633 -6113 3/17/06 03/17/07 IlAn O aEWhAVWM Okrmse -PW 4MT EI. OTH 8 �� eusd(H73redRen MXI98401784 04/01/06 04/01/07 imiLt150$000r000 RESCRIPrION OF OPMATIONSILOCATICWSNBIMFSI$PrCRAL ITEMS he Cityy, its officers, agents, officials, employees and volunteers are named ddi.tioiial Insureds as per attached endorsements required by contract with aspect to Work performed by named insured. aivers of Subrogation to be included. »10 Day Notice For Non - Payment 19 SHOULD ANY OF THE ABOVE DESCRISEO POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, ME ISSUING COMPANY WILL MAIL "3 0* DAYS WRDTEN NOTICE TD T}eE CEATRYCATE HOLDER NAMED TO THE City of New Beach Pubic Works Department 3300 Newport Soulevard Newport Beach, CA 92663 LEFT. Authatind Repra=ithfive 08/29/2006 16:01 7146651 • PAGE 03/06 GCi CONSTRUCTION, INC. POLICY NUMBER: 13CS0012603 SCOTTSDALE INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modiflee insurance provided under the foilvwb►9: COMMERICAL GENERAL LIABILITY COVERAGE PART Name of Pelson or Organization: SCHEDULE City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers Location and Description of Completed Operations: ds e As red or Emergency Services Additional Premium: INCLUDED (If no entry appears abom information required to complete this endorsement will be shown in the Dedlaradons as applicable to this endorsement). SECTION 11 — WHO IS AN INSURED is amended to included as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of -your work' at the location designated and described sc Wute of this endorsement performed for that insured and included in the 'products —Completed operation s in the IT IS AGREED dial this policy is primary as respect any insurance maintained b y the additional insured(s) and that such Insurance maintained by the additional insured(s) is excess and non - contributory with this policY as respects to work performed by the named insured. IT IS FURTHER AGREED that 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 operatios or �s work" done under a contract with that person or organization and included in the "products - completed operations This wabver applies only to the person or organizarion shown in the schedule above. K L 1 Cato 37 ra or ISO Propertbs, 2000 Page 1 of t ao 08/28/2006 16:01 7146654 • PAGE 04/06 Auto Additional Insured Form Insured: GCI Construc906, 166 - Lincoln General Insurance Company Policy No. 631012026;36 . THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAEFULLY ADDITIONAL INSURED - OWNER, LESSES OR CONTRACTORS This Endorsement Modifies Insurance Provided Under The Following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: City Of Newport Beach, its Officers, Agents, Officials Employees and Volunteers Who is an Insured (Section II) Uability Coverage is amended to included as an Additional Insured the persons or organization showing in the Schedule, but only with respect to nabinty arising out of a auto accident and oxurdM while operations are being Performed for them by the'lnsuree and ocmxft while a COVERED AUTO Is being driven by the 'Insured" employees. It Is Further Agreed that such insurance afforded the additional Insured $ban apply as Primary insurance and that Insurance carried by the City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers will not contribute with this insurance. a1 88/29/2006 16:01 7146651 WOWERS COMPENSATION AND EMPLOYER$ t.IABO.TIY INSURANCE POLICY INSURER REDWOOD FIRE AND CASUALTY INSURANCE COMPANY CALIFORJiA ADDITIONAL- INSURED($) ENDORSEMEhlT PAGE 05/06 FORM NUMBER ,ITt - 1 -iii It is agreed that such insurance as is a"ed by this policy also applies to the following as Additional Insured(s), but only with respect to employees hired by and Included on the payroll of the Named Insured while performing work for the Additional Insured(s). Additional Insured(s): 1. City of Newport Beach 2. Its Officers, Agents, Officials, Employees and Volunteers RE: As Required By Contract THIS ENDORSEMENT DOES NOT WAIVE ANY RIGHT OF SUBROGATION. This endorsemeM ch8" 1119 poCCy ro whJ0 Is WAdred and is e4 cfte on ft do* kned w*sss Wwvtlse vta a (rne N&Mu M bW yr Is reputed Q* when tihb endor.WeM Is MWW =bwqu to pteWarion of Rte p0q ) Endorsm*rd Effacon 03/17/2006 Pocky No. W633.6113 Endorsement No. 5 insured GO] ConStnxion, Inc:.. etal (A CORP) ��/i 1� jcraeA aged 03/1712006 J as 08!29!2006 16:01 71466598 PAGE B6 /BE W MMAS COMPENSATION AND EMPLOYERS LIAWLIY INSURANCE POLICY FORM NUMBER INSURER REDWOOD FIRE AND CASUALTY MSUR ANCE COMPANY WC- 633.0113 CA PORNIA WAIVER OF OUR-RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We wilt not enforce our right against the person(s) or organizations(s) named in the Schedule. This agree- ment 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 remun- eration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3% of the Cal - domia Workers' Compensation premium otherwise due on such remun- eration. Minimum Premium: Schedule: Person or Organ¢ation: ---- ------- - - - - -- Job Description: 1. City of Newport Beach As Required By Contract 2. Its Officers, Agents, Officials, Employees and Volunteers This endorsement of age9 ft policy to ~Is ettocfred and is efkceffie on fire date issuea. nte99 ofrre*e Stated. frhe fnfam on WOW IS required ordy when thfs endws&wnt is mooed sub" ma to preparlim Cr ft p w#.) Fsdorsenrentt tve03r17/66 PDW,?N9. W001ZS4567 BnOorawrmtNo :o1 insured GG CONSiRUChhON, INC CountaWomd 03!17106 27