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HomeMy WebLinkAboutC-3881 - PSA for On-Call Underground Utility Repair ServicesAMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON-CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8t" day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ("CITY"), and DOTY BROS. CONSTRUCTION COMPANY, a California Corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ("CONTRACTOR"), and is made with reference to the following: RECITALS: A. On September 11, 2007, 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 February 24, 2009. 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 13, 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: OFFICE OF THE CITY ATTORNEY: By: ynet . B c amp, Assistant City Attorney ATTEST: By. Leilani Brown, City Clerk�f e CITY OF NEWPORT BEACH, A Municipal Corpora ion � Edward Selic`h, Mayor CONTRACTOR: DOTY BROS. CONSTRUCTION CO. 140'ri 01-M .porateOfficer) Title: President Print Name: Chris Chris By: (Fin i'IOfficer) Title: Treasurer Print Name: Carlos Garcia Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement MASTER' EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 BACK HOES ID # Hourly - - Rate AUGER #1189 $ 20.00 Accessory - COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 Accessory -COMPACT WHEEL F/CASE-JD #1179 $ 20.00 Accessory - HYDRAULIC BREAKER / CASE & JD #1183 $ 50.00 Accessory- VIBRATORY PLATE #1535 $ 40.00 CC -135A ROCK WHEEL #1313 $ 75.00 CASE 580IJD 310 ROLLER (WALK BEHIND) - 1 TON VIBRATOR $ 39.88 CASE 590 ROLLER TRAILER $ 41.88 CAT 3DD -TRACK MOUNTED #4055 $ 111.25 CAT 345 - TRACK MOUNTED #4072 $ 141.25 CAT 416 #4147 $ 37.88 JD 710 ZIPPER PAVEMENT GRINDER (PER DAY RATE) $ 45.88 COMPACTION EQUIPMENT ASPHALT PAVER - LEE BOY 1000D #1196 $ ARROW (HYDRO HAMMER) / STOMPER CEMENT SAW - WALK BEHIND $ 44.04 SHEEPS FOOT - Tow Behind (Vibrating) #1169 $ 16.00 WACKER TAMPER #1860 $ 23.00 COMPRESSORS W/90 LB. BREAKER, CLAY SPADE & TAMPER 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck COMPRESSOR 125 -185 CFM 22.75 $ 21.00 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $ 104.00 CRANES 53.75 DUMP TRUCK 10 WHEELER BOOM TRUCK - 8 TON #3647 $ 33.75 BOOM TRUCK - 10 - 11 TON 14.00 $ 48.75 BOOM TRUCK - 14 TON 16.00 $ 52.75 BOOM TRUCK 23 - 25 TON #3308 $ 57.75 CRANE - RT / 15-18 TON (or equivalent) 53.75 $ 59.75 DOZERS I SIDEBOOMS 44.75 LOWSIDE END DUMP TRAILER W/ TRACTOR #3418 DOZER JD 450 #5078 $ 43.13 SIDEBOOM CAT D-6 15.25 $ 57.13 SIDEBOOM CAT D-7 #5063 $ 66.13 SIDEBOOM CAT 561 #5045 $ 63.13 SIDEBOOM CAT 572 #5067 $ 78.13 SIDEBOOM JD 450 78.75 $ 41.13 FORKLIFTS 32.00 UTILITY VEHICLE (NON-HWY) FORKLIFT - HYSTER 20,000 LB #1203 $ 34.88 FORKLIFT - LION 6,000 LB #1204 $ 22.88 LOADERS 38.75 WINCH TRUCK #3395 MINI SKID STEER - DITCH WITCH #1275 $ 26.88 LOADER - BOBCAT W/ BUCKET #1184B $ 26.88 LOADER - BOBCAT W/ SWEEPER #1184S $ 36.88 LOADER - BOBCAT W/ GRINDER #1184G $ 56.88 RUBBER TIRE LOADER - 544 JD #5086 $ 45.75 RUBBER TIRE LOADER - 930 CAT #5089 $ 47.75 RUBBER TIRE LOADER - 950 CAT #5087 $ 58.75 RUBBER TIRE LOADER - 950E/F CAT #5099 $ 69.75 RUBBER TIRE LOADER - 966 CAT #5070 $ 64.75 SKIPLOADER - CASE 580 / MF 40E / F 445 29.25 $ 31.88 ROAD EQUIPMENT ID #Hourly - Rate CABLE DOLLY - ONE REEL (Traitor Mounted) $ 12.00 CABLE DOLLY - THREE REEL (Traitor Mounted) $ 25.00 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.00 GRADER - CAT 140 #R7791 $ 81.75 GRINDER ( COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ 228.00 ROLLER - (RIDE ON) $ 29.00 ROLLER (WALK BEHIND) - 1 TON VIBRATOR $ 23.00 ROLLER TRAILER $ 12.00 TILT TRAILER #6366 $ 12.00 TRENCHER TRAILER #6481 $ 12.00 UTILITY TRAILER #6452 $ 12.00 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 ASPHALT PAVER - LEE BOY 1000D #1196 $ 113.75 CEMENT SAW - WALK BEHIND #1938 $ 33.00 TRUCKS 2-3 TON LUBE TRUCK #3450 $ 16.25 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck $ 22.75 BACK HOE MOVER TRUCK $ 19.75 CEMENT TRUCK w/ mixer and compressor #3338 $ 53.75 DUMP TRUCK 10 WHEELER $ 30.75 EQUIPMENT TRAILER - 20,000 LB $ 14.00 EQUIPMENT TRAILER - 40,000 LB $ 16.00 FLAT BED with LIFT #3693 $ 21.75 FLAT BED with MIXER / DUMP #3392 $ 53.75 LOWBED TRAILER w/ tractor & move permit fees #3456 $ 44.75 LOWSIDE END DUMP TRAILER W/ TRACTOR #3418 $ 41.75 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 15.25 PICK-UP - RENTAL NUMBER R7700 $ 15.25 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 17.25 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 15.25 TEST PUMP TRUCK #3401 $ 78.75 TEST TRAILER (Hyprostatic) (#6549 & 6674) $ 32.00 UTILITY VEHICLE (NON-HWY) $ 22.25 WATER TRUCK - (1,500 - 2,000 GALS.) $ 33.75 WATER TRUCK - (3,500 GALS.) #3464 $ 38.75 WINCH TRUCK #3395 $ 28.75 MISCELLANEOUS BOARING MACHINE HYDRAULIC #1521 $ 25.00 BORE MACHINE TRAILER #6447 $ 10.00 TAP MACHINE (Water lines 3" to 12") (Per inch / per day) #828 $ 30.00 TAP MACHINE (Water lines up to 2") (Per inch / Per day) #820 $ 20.00 WELDERS 200 AMF - TRUCK MOUNTED $ 29.25 200 AMF, SKID MOUNTED or TRAILER $ 16.25 WELDER - RIG RENTAL NUMBER R7704 $ 29.25 FABRICATION SHOP & EQUIPMENT #101 $ 90.00 Page t of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to joumeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $95.00/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 86.82 122.98 159.13 General Foreman, Appdx. A OGF 95.11 131.58 188.04 Operating Foreman COF 84.11 118.90 153.69 Foreman, Appdx. A OFM 91.78 126.57 161.37 Foreman CFM 81.82 115.47 149.12 Group 1, Appdx. A- Oiler OG1 83.62 114.34 145.05 Journeyman CJM 76.82 107.97 139.12 Group 2, Appdx. A - Oiler OG2 84.92 116.29 147.65 Shingler CSJ 77.03 108.29 139.55 Group 8, Appdx. A - Universal OG8 88.44 121.57 154.69 Apprentice - 8th Period (90%) CA8 70.59 98.62 126.66 Group 10, Appdx. A - Mechanic OGA 88.64 121.87 155.09 Group 8, Appdx. B - Crane < 25 Tons OB8 88.92 122.29 155.66 MILLWRIGHTS Group 9, Appdx. B - Crane > 25 Tons OB9 89.21 122.72 156.23 General Foreman CMG 87.66 124.23 160.80 Apprentice, Grp 8, Appdx A - Step 6 (90%) OA6 81.82 111.63 141.44 Foreman CMF 82.65 116.72 150.79 Journeyman CMJ 77.65 109.22 140.78 U.A. PIPEFITTERSMELDERS Apprentice - 8th Period (95%) CM8 68.18 95.01 121.84 INDUSTRIAL General Foreman IGF 97.71 133.28 168.85 CEMENT MASONS Foreman IFM 91.69 124.41 157.14 Foreman MFM 78.46 105.56 132.67 Journeyman - Welder/Fitter IJM 82.63 111.09 139.54 Journeyman MJM 73.45 98.05 122.66 Apprentice - Fifth Year IA5 69.93 95.54 121.15 F&T Machine Operator MTO 73.87 98.68 123.49 Apprentice - 8th 6 Mos. (90%) MA8 68.53 90.67 112.82 SHORTLINE (LOCAL 250) Foreman SFM 95.42 132.57 166.91 LABORERS Journeyman (Welder/Fitter) SJM 90.31 125.40 157.75 Operator General Foreman LOG 92.55 129.01 165.47 Welder Helper SWH 52.41 71.17 88.88 Operatorforeman LOF 89.21 124.01 158.80 Pre -Helper SPH 30.68 42.10 53.51 General Foreman LGF 72.55 99.01 125.48 Foreman LFM 70.88 96.51 122.14 UTILITY Group 1 -General LG1 63.54 85.50 107.46 Operator Foreman UOF 87.94 122.74 157.53 Group 2 - Wrapper To 6" LG2 64.46 86.88 109.30 Foreman UFM 66.04 89.89 113.73 Group 3 - PTO/Wrapper> 6" LG3 65.38 88.25 111.13 Welder UWD 64.52 87.61 110.69 Group 4 - Pipe layer, C&S LG4 67.96 92.13 116.30 Joumeyman/Fuser UJM 55.70 74.79 93.88 Group 5 - Blaster LG5 68.55 93.01 117.47 Pipe Tradesman II UP2 42.29 54.80 67.31 Apprentice - 6th Period (85%) LA6 52.17 72.96 93.76 ELECTRICIANS/ INSIDE WIREMEN (Rates subject to project location & employee base location) TEAMSTERS General Foreman EGF 103.51 144.48 185.45 Operator General Foreman TOG 97.59 134.05 170.51 Foreman EFM 95.95 133.15 170.35 Operator Foreman TOF 94.25 129.05 163.84 Journeyman EJM 88.40 121.82 155.24 General Foreman TGF 73.77 98.32 122.88 Apprentice - 10th Period (85%) EAO 76.64 105.04 133.45 Foreman TFM 72.10 95.82 119.54 Group 2 - 2 Axle TG2 69.02 91.19 113.37 PROJECT MANAGEMENT Group 3 - 3 Axle TG3 69.23 91.52 113.80 Project Manager MPM 111.65 152.73 197.24 Group 5 - Working Truck Driver TG5 69.60 92.07 114.54 Superintendent MSP 100.17 136.52 176.33 Group 6 - 4 or More Axle TG6 69.65 92.14 114.64 Project Engineer MPE 77.75 113.79 149.83 Group 9 - Lo -Bed TG9 70.82 93.90 116.97 Safety Director SAD 109.73 149.23 193.88 Group 12 - WTD BoomTrk Cert TBT 72.87 96.97 121.08 Safety Supervisor SAS 97.65 133.09 171.86 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to joumeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $95.00/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 I MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 MISCELLANEOUS ID # DAIRatLLY MISCELLANEOUS lD # DRAIIL Y ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $ 25.00 AIR HOSE 3/4" X 50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 $ 40.00 AIR SAW #857 $ 50.00 PIPE PUSHER I GRUNDORAM - HERCULE #1939 $ 600.00 AIR TAMPER #859 $ 35.00 PIPE TONGS (4", 6", 8",10", 12", 16", 18", 20") #1936 $ 50.00 ASPHALT SPREADER BAR #1193 $ 125.00 PLYWOOD 1/3 REPLACEMENT COST #897 $ 3.00 BARRICADES #880 $ 2.50 PNEUMATIC/HYDRAU TORQUE WRENCH #3090 $ 150.00 BEVELING BAND 14"-20" #833 $ 75.00 PORTABLE BAND SAW #860 $ 35.00 BEVELING BAND 24"-42" #834 $ 100.00 POWER THREADER #853 $ 85.00 BEVELING BAND 4"-12" #832 $ 50.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.00 BEVELING MACHINE 14"-20" #830 $ 75.00 PUMP - SKID MOUNT BENTONITE #1166 $ 107.00 BEVELING MACHINE 24"-42" #831 $ 100.00 PUMP - SUBMERSIBLE #861 $ 27.00 BEVELING MACHINE 4"-12" #829 $ 42.50 RIGID ROLL GROOVER (#873 & #856) $ 30.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 RIVET BUSTER / RIPPING GUN #869 $ 50.00 BORE MOTOR #854 $ 10.00 ROCK DRILL (Plus Steel) #865 $. 35.00 BORING MACHINE 1-1/2" & 13/4" (Accu -punch) #1178 $ 15.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85.00 BORING MACHINE 4" - 8" (Accu -punch) #1520 $ 25.00 ROTARY HAMMER (Plus Steel) #852 $ 50.00 BORING MACHINE 3-112" (Accu -punch) #1177 $ 20.00 SANDBLASTER - UNIT (with accessories) #1175 $ 125.00 BUFFER & GRINDER #836 $ 25.00 SAWZALL #874 $ 15.00 BUILDER LEVEL - AC -2X NIKON #845 $ 25.00 SHORING LUMBER 3"X 12"X 14' (1/3 REPLACEMENT COST) #895 $ 3.00 CEMENT MIXER $ 43.00 SHORING LUMBER 8" X 8" X 8' (1/3 REPLACEMENT COST) #896 $ 3.00 CHAIN LINK FENCE PANELS #846 $ 3.00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAP MACHINE - T.D. WILLIAMSON (UP TO 3") #827 $ 100.00 CHIPPING GUN (Plus Steel) #868 $ 35.00 TAR POT #862 $ 50.00 CLAY SPADE (Plus Steel) #866 $ 35.00 TEST PLUG #892 $ 10.00 CLEANING BALL #890 $ 10.00 TEST PUMP 200 LB. -400 LB. SPRAGUE #1815 $ 125.00 COM -A -LONG / CHAIN #886 $ 15.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 CONCRETE FiNSHER #1823 $ 125.00 TEST PUMP High Pressure #1940 $ 125.00 CONCRETE VIBRATOR #891 $ 40.00 TEST PUMP Portable 2001b (#.818 r& #817) $ 80.00 CONSTRUCTION SIGNS #882 $ 4.00 TESTING TABLE #1834 $ 60.00 CROSSING PLATES #878 $ 6.25 TRAFFIC CONES #881 $ 2.50 CUT OFF If SAW (INCLUDES BLADES) #810 $ 53.00 TRANSIT - THEOLITE #845C $ 35.00 DEAD WEIGHT TESTER $ 60.00 TRENCH BOX - UX 10' #1910 $ 200.00 DELINEATORS #879 $ 2.50 TRENCH BOX - 4'X 10' #1909 $ 130.00 DRILL MOTOR 1/2" #811 $ 20.00 TRENCH JACK (SCREW) #877 $ 4.00 DRILL MOTOR 3/4" #812 $ 25.00 TRENCH JACK (HYDRAULIC) #876 $ 20.00 DRY ROD OVEN - PORTABLE #813 $ 25.00 TRENCHER #1160 $ 125.00 DUCT ROD #855 $ 30.00 TRI -VISE #884 $ 25.00 EMULSION POT SPRAYER $ 60.00 VIBRATOR PLATE $ 91.00 FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 WALKIE TALKIES (SET OF 2) #893 $ 25.00 FLOW LINER #841 $ 25.00 WATER HOSE 1 1t2" X 50' #871 $ 6.00 FUSION MACHINE 4-12" Macelroy #3095 $200.00 WATER HOSE 2 1/2" X 50' #872 $ 7.50 GENERATOR (3.5 - 5 KW) #1807 $ 53.00 WATER PUMP 2" Portable #1831 $ 53.00 GENERATOR (75 KW) #6280 $ 75.00 WATER PUMP 3" Portable #1832 $ 80.00 HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 50.00 HEATER #815 $ 25.00 WHALERS HYDRAULIC #1894 $ 300.00 HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) #6042 $ 300.00 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 DAILY IMPACT GUN 1/2" #821 $ 15.00 SAFETY AND HAZMAT EQUIPMENT Rate IMPACT GUN 3/4" #822 $ 20.00 EXPLOSIMETER #844. $ 50.00 IMPACT WRENCH 1" #864 $ 35.00 4 WAY GAS MONITOR #921 $ 100.00 LADDER #875 $ 10.00 MULTI -GAS DETECTOR / PID #914 $ 100.00 LASER LEVET. #845B $ 75.00 AIR SUPPLY UNIT #922 $ 50.00 LEAF BLOWER #824 $ 25.00 ESCAPE AIR PACK #918 $ 25.00 LIGHT STAND #849 $ 15.00 H2S MONITOR #920 $ 15.00 MANHOLE BLOWER #840 $ 43.00 HAZMAT SUIT - TYVEK #912 $ 8.00 PAVEMENT BREAKER / JACKHAMMER #867 $ 35.00 HAZMAT TRAILER #6648 $ 20.00 PIPE BENDER 5" GREENLEE #1885 $ 100.00 RESPERATOR - HALF/FULL MASK #911 $ 5.00 PIPE BENDER MACHINE 6-20" (Plus shoes/freight per day) #1082 $ 400.00 SCBA - self contained #916 $ 40.00 PIPE BENDER SHOTES / 1082 BENDER #1190 $1165.00 WEEKLY SCBA cylinder - extra #917 $ 25.00 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 TRIPOD WITH WINCH #913 $ 100.00 PIPE CUTTER LINEUP CLAMP 16"-36" #839 $ 50.00 PIPE CUTTER LINEUP CLAMP 8"-14" #851 $ 25.00 Page 2 of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 1 i 1 Zia", July 13, 2009 City of Newport Beach 949 West 16t' Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 09/01/08 — 06/30/09 Subject: Labor Rates and Equipment Rates Ms. Asher: Thank you for your fax with regard to the above referenced; it's that time of year again! As mentioned in our letter dated December 31, 2008, Doty Bros. Equipment Co., ("DBEC") is submitting to you its current effective Labor Rates and Equipment Rates in order to amend the Agreement. Thank you once again for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Amendment. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are again effective for one year (July 1, 2009 through June 30, 2010). Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. If you should have any questions or require further information please do not hesitate to call our office. incerely, Monache J ?'itchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 Cffr 6014 EM"" BEACH 0 8 2009 CITY OF NEWPORT BEACH o CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 8, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Cindy Asher, Administrative Manager 949-644-3010 or casher ,newportbeachca.gov 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 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. There are no cost increases for equipment. Underground Utility Repair Services — Approval of Amendments On -Call Professional Services Agreements September 8, 2009 Page 2 u kJg jj y 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: a,��w�n - Cindy Asher Administrative anager 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 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY 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 DOTY BROS. CONSTRUCTION COMPANY, a California Corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ("CONTRACTOR"), and is made with reference to the following: RECITALS: A. On September 11, 2007, 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 February 24, 2009. 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 them 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 13, 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 NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY: A Municipal Corporation By: By_ /yntte D. Bea amp, Edward Selich, Assistant City Attorney Mayor ATTEST: CONTRACTOR: DOTY BROS. CONSTRUCTION CO - By: By. Leilani Brown, (Corporate Officer) City Clerk Title: President Print Name: Chris Christy By: (Financial Officer) Title: Treasurer Print Name: Carlos Garcia Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement 4M AS% UUIY 1jhj3ffl Construction Company SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2005 TO JUNE .BACK HOES ID # Hourly Hourly - - Rate AUGER #1189 $ 20.00 Accessory -COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 Accessory -COMPACT WHEEL F/CASE.JD #1179 $ 20.00 Accessory - HYDRAULIC BREAKER / CASE & JD #1183 $ 50.00 Accessory - VIBRATORY PLATE #1535 $ 40.00 CC -135A ROCK WHEEL #1313_ $ 75.00 CASE 580 /JD 310 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 39.88 CASE 590 ROLLER TRAILER $ 41.88 CAT 300 - TRACK MOUNTED #4055 $ 111.25 CAT 345 -TRACK MOUNTED #4072 $ 141.25 CAT 416 #4147 $ 37.88 JD 710 ZIPPER PAVEMENT GRINDER (PER DAY RATE) $ 45.88 COMPACTION EQUIPMENT ASPHALT PAVER - LEE BOY 1000D #1196 $ ARROW (HYDRO HAMMER) / STOMPER CEMENT SAW -WALK BEHIND $ 44.00 SHEEPS FOOT - Tow Behind (Vibrating) #1169 $ 16.00 WALKER TAMPER #1860 $ 23.00 COMPRESSORS W190 LB. BREAKER, CLAY SPADE & TAMPER. 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck $ COMPRESSOR 125 -185 CFM BACK HOE MOVER TRUCK $ 21.00 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $ 104.00 CRANES DUMP TRUCK 10 WHEELER $ BOOM TRUCK - 8 TON #3647 $ 33.75 BOOM TRUCK - 10 - 11 TON EQUIPMENT TRAILER - 40,000 LB $ 48.75 BOOM TRUCK - 14 TON FLAT BED with LIFT $ 52.75 BOOM TRUCK 23 - 25 TON #3308 $ 57.75 CRANE - RT / 15-18 TON (or equivalent) LOWBED TRAILER w/ tractor & move permit fees $ 59.75 DOZERS / SIDEBOOMS LOWSIDE END DUMP TRAILER W1 TRACTOR #3418 DOZER JD 450 #5078 $ 43.13 SJDEBOOM CAT D-6 PICK-UP - RENTAL NUMBER $ 57.13 SIDEBOOM CAT D-7 #5063 $ 66.13 SIDEBOOM CAT 561 #5045 $ 63.13 SIDEBOOM CAT 572 #5067 $ 78.13 SIDEBOOM JD 450 TEST TRAILER (Hyprostatic) (#6549 & 6674) $ 41.13 FORKLIFTS UTILITY VEHICLE (NON-HWY) $ FORKLIFT - HYSTER 20,000 LB #1203 $ 34.88 FORKLIFT - LION 6,000 LB #1204 $ 22.88 LOADERS WINCH TRUCK #3395 $ MINI SKID STEER - DITCH WITCH #1275 $ 26.88 LOADER - BOBCAT W/ BUCKET #11846 $ 26.88 LOADER - BOBCAT W/ SWEEPER #1184S $ 36.88 LOADER - BOBCAT W/ GRINDER #1184G $ 56.88 RUBBER TIRE LOADER - 544 JD #5086 $ 45.75 RUBBER TJRE LOADER - 930 CAT #5089 $ 47.75 RUBBER TIRE LOADER - 950 CAT #5087 $ 58.75 RUBBER TIRE LOADER - 950E/F CAT #5099 $ 69.75 RUBBER TIRE LOADER - 966 CAT #5070 $ 64.75 SKIPLOADER - CASE 580 / MF 40E / F 445 $ 31.88 EXHIBIT "A" 2010 ROAD EQUIPMENT ID # Hourly - Rate CABLE DOLLY - ONE REEL (TraJlor Mounted) $ 12.0 CABLE DOLLY - THREE REEL (TraJJor Mounted) $ 25.0 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.0 GRADER -CAT 140 #R7791 $ 81.7 GRINDER / COLD PLANER (BITELLI) - (4 HR. MIN_) #1187 $ 228.0 ROLLER - (RIDE ON) $ 29.0 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 23.0 ROLLER TRAILER $ 12.0 TILT TRAILER #5366 $ 12.0 TRENCHER TRAILER #6481 $ 12.0 UTILITY TRAILER #6452 $ 12.0 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.0 ASPHALT PAVER - LEE BOY 1000D #1196 $ 113.7 CEMENT SAW -WALK BEHIND #1938 $ 33.0 TRUCKS 2-3 TON LUBE TRUCK #3450 $ 16.2 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck $ 22.7 BACK HOE MOVER TRUCK $ 19.7 CEMENT TRUCK w/ mixer and compressor #3338 $ 53.7 DUMP TRUCK 10 WHEELER $ 30.7 EQUIPMENT TRAILER - 20,000 LB $ 14.0 EQUIPMENT TRAILER - 40,000 LB $ 16.0 FLAT BED with LIFT #3693 $ 21.7 FLAT BED with MIXER / DUMP #3392 53.7 LOWBED TRAILER w/ tractor & move permit fees #3456 J4.7 LOWSIDE END DUMP TRAILER W1 TRACTOR #3418 41.7 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 15.2 PICK-UP - RENTAL NUMBER R7700 $ 15.2 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 17.2 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 15.2: TEST PUMP TRUCK #3401 $ 78.7: TEST TRAILER (Hyprostatic) (#6549 & 6674) $ 32.01 UTILITY VEHICLE (NON-HWY) $ 22.2. WATER TRUCK - (1,500 - 2,000 GALS.) $ 33.7' WATER TRUCK - (3,500 GALS_) #3464 $ 38.7: WINCH TRUCK #3395 $ 28.7' MISCELLANEOUS BOARING MACHINE HYDRAULIC #1521 $ 25.01 BORE MACHINE TRAILER #6447 $ 10.01 TAP MACHINE (Water lines 3" to 12") (Per inch / per day) #828 $ 30.0 TAP MACHINE (Water lines up to 2") (Per inch / Per day) #820 $ 20.01 WELDERS 200 AMF - TRUCK MOUNTED $ 29.2' 200 AMF, SKID MOUNTED or TRAILER $ 16.2: WELDER - RIG RENTAL NUMBER R7704 $ 29.2: FABRICATION SHOP & EQUIPMENT #101 $ 90.0( Page 1 ort 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 Www.dotybros.com CA Lic. 273024 HhUNm Construction Company Apprentice Rates: Apprentice rates as fisted above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence. $95.00/day Travel Time: Customer will be advised if travel time is applicable . Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular stA and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern Callfomia Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ira, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rode, San Nicholas Island, Catalina Island, San Clemente San Miguel Island, Santa Barbara Island; Santa Rosa Island, Anacapa Island, including the Channel Islands Monument Rate Scale does not include San Diego Guunty_ 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30., 2010 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE ' TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 86.82 122.98 159.13 General Foreman, Appdx. A OGF 95.11 131.58 168.04 Operating Foreman COF 84.11 118.90 153.69 Foreman, Appdx. A OFM 91.78 126.57 161.37 Foreman CFM 81.82 115.47 149.12 Group 1, Appdx A- Quer OGI 83.62 114.34 145.05 Journeyman CJM 76.82 107.97 139.12 Group 2, Appdx. A - Oiler OG2 84.92 116.29 147.65 Shingler CSJ 77.03 108.29 139.55 Group 8, Appdx A - Universal OG8 88.44 121.57 154.69 Apprentice - 8th Period (90%) CA8 70.59 98.62 126.66 Group 10, Appdx. A - Mechanic OGA 88.64 121.87 155.09 Group 8, Appdx B - Crane < 25 Tons OB8 88.92 122.29 155.66 MILLWRIGHTS Group 9, Appdx. B - Crane > 25 Tons OB9 89.21 122.72 156.23 General Foreman CMG 87.66 124.23 160.80 Apprentice, Grp 8, Appdx A - Step 6 (90%) OA6 81.82 111.63 141.44 Foreman CMF 82.65 116.72 150.79 Journeyman CMJ 77.65 109.22 140.78 U.A. PIPEF17TERSIWELDERS Apprentice - 8th Period (95%) CM8 68.18 95.01 121.84 INDUSTRIAL General Foreman IGF 97.71 133.28 168.85 CEMENT MASONS Foreman IFM 91.69 124.41 157.14 Foreman MFM 78.46 105.56 132.67 Journeyman - Welder/Fitter IJM 82.63 111.09 139.54 Journeyman MJM 73.45 98.05 122.66 Apprentice - Fifth Year IA5 69.93 95.54 121.15 F&T Machine Operator MTO 73.87 98.68 123.49 Apprentice - 8th 6 Mos. (90%) MA8 68.53 90.67. 112.82 SHORTLINE (LOCAL 250) Foreman SFM 95.42 132.57 166.91 LABORERS Journeyman (Welder/Fitter) SJM 90.31 125.40 157.75 Operator General Foreman LOG 92.55 129.01 165.47 Welder Helper SWH 52.41 71.17 88.88 Operator Foreman LOF 89.21 124.01 158.80 Pre -Helper SPH 30.68 42.10 53.51 -ieral Foreman LGF 72.55 99.01 125.48 ;man LFM 70.88 96.51 122.14 UTILITY group 1 -General LG1 63.54 85.50 107.46 Operator Foreman UOF 87.94 122.74 157.53 Group 2 - Wrapper To 6" LG2 64.46 86.88 109.30 Foreman UFM 66.04 89.89 113.73 Group 3 - PTO/Wrapper > 6" LG3 65.38 88.25 111.13 Welder UWD 64.52 87.61 110.69 Group 4 - Pipe layer, C&S LG4 67.96 92.13 116.30 Joumeyman/Fuser UJM 55.70 74.79 93.88 Group 5 - Blaster LG5 68.55 93.01 117.47 Pipe Tradesman 11 UP2 42.29 54.80 67.31 Apprentice - 6th Period (85%) LA6 52.17 72.96 93.76 ELECTRICANS/INSIDE %1REMEN (Rates subject to project location & employee base location) TEAMSTERS General Foreman EGF 103.51 144.48 185.45 Operator General Foreman TOG 97.59 134.05 170.51 Foreman EFM 95.95 133.15 170.35 Operator Foreman TOF 94.25 129.05 163.84 Journeyman EJM 88.40 121.82 155.24 General Foreman TGF 73.77 98.32 122.88 Apprentice -10th Period (85%) EAO 76.64 105.04 133.45 Foreman TFM 72.10 95.82 119.54 Group 2 - 2 Axle TG2 69.02 91.19 113.37 PROJECT MANAGEMENT Group 3 - 3 Axle TG3 69.23 91.52 113.80 Project Manager. MPM 111.65 152.73 197.24 Group 5 - Working Tarek Driver TG5 1 69.60 92.07 114.54 Superintendent MSP 100.17 136.52 176.33 Group 6 - 4 or More Axle TG6 69.65 92.14 114.64 Project Engineer MPE 77.75 113.79 149.83 Group 9 - Lo -Bed TG9 70.82 93.90 116.97 Safety Director SAD 109.73 149.23 193.88 Group 12 - WTD BoomTrk Cert TBT 72.87 96.97 121.08 Safety Supervisor SAS 97.65 133.09 171.86 Apprentice Rates: Apprentice rates as fisted above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence. $95.00/day Travel Time: Customer will be advised if travel time is applicable . Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular stA and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern Callfomia Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ira, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rode, San Nicholas Island, Catalina Island, San Clemente San Miguel Island, Santa Barbara Island; Santa Rosa Island, Anacapa Island, including the Channel Islands Monument Rate Scale does not include San Diego Guunty_ 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 CA UUT 0 uhia-11 Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 MISCELLANEOUS ID # DAILY MISCELLANEOUS ID #DAILY Rate Rate ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $ 25.0, AIR HOSE 3/4" X 50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 $ 40_a AIR SAW #857 $ 50.00 PIPE PUSHER /GRUNDORAM - HERCULE #1939 $ 600.0( AIR TAMPER #859 $ 35.00 PIPE TONGS (4", 6", 8",10", 12", W', 18-,20") #1936 $ 50.01 ASPHALT SPREADER BAR #1193 $ 125.00 PLYWOOD 1/3 REPLACEMENT COST #897 $ 3.01 BARRICADES #880 $ 2.50 PNEUMATICIHYDRAU TORQUE WRENCH #3090 $ 150-01 BEVELING BAND 14"-20" #833 $ 75.00 PORTABLE BAND SAW #860 $ 35.01 BEVELING BAND 24"42" #834 $ 100.00 POWER THREADER #853 $ 85.01 BEVELING BAND 4"-12" #832 $ 50.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.01 BEVELING MACHINE 14"-20" #830 $ 75.00 PUMP - SKID MOUNT BENTONITE #1166 $ 107.01 BEVELING MACHINE 24"-42" #831 $ 100.00 PUMP - SUBMERSIBLE #861 $ 27.01 BEVELING MACHINE 4"-12" #829 $ 42.50 RIGID ROLL GROOVER (#873 $ #856) $ 30.01 BORING MACHINE - CASE HYDRA #1092 $ 160.00 RIVET BUSTER / RIPPING GUN #869 $ 50-01 BORE MOTOR #854 $ 10.00 ROCK DRILL (Plus Steel) #865 $. 35:01 BORING MACHINE 1-1/2" & 13/4" (Accu -punch) #1178 $ 15.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85.01 BORING MACHINE 4" - 8" (Accu -punch) #1520 $ 25.00 ROTARY HAMMER (Plus Steel) #852 $ 50.01 BORING MACHINE 3-1/2" (Accu -punch). #1177 $ 20.00 SANDBLASTER - UNIT (with accessories) #1175 $ 125.0( BUFFER & GRINDER #836 $ 25.00 SAWeALL #874 $ 15.01 BUILDER LEVEL - AC -2X NIKON #845 $ 25.00 SHORING LUMBER 3"X 17'X 14' (113 REPLACEMENT COST) #895 $ 3.0( CEMENT MIXER $ 43.00 SHORING LUMBER W X W X 8' (1 r3 REPLACEMENT COST) #896 $ 3.01 CHAIN LINK FENCE PANELS #846 $ 3,00 SKILL. SAW (INCLUDES BLADES) #835 $ 20.01 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAP MACHINE -T.D. WILLJAMSON (UP TO 3") #827 $ 100.01 CHIPPING GUN (Plus Steel) #868 $ 35.00 TAR POT #862 $ 50.0( CLAY SPADE (Plus Steel) #866 $ 35.00 TEST PLUG #892 $ 10.01 CLEANING BALL #890 $ 10.00 TEST PUMP 200 LB. -400 LB. SPRAGUE #1815 3 125.0( COM -A -LONG t CHAIN #886 $ 15.00 TEST PUMP 5,000 LB_ TRAILER MOUNTED #6818 7.0( CONCRETE FINSHER #1823 $ 125.00 TEST PUMP High Pressure #1940 _5.011 CONCRETE VIBRATOR #891 $ 40.00 TEST PUMP Portable 2001b (#816 & #817) $ 80.01 CONSTRUCTION SIGNS #882 $ 4.00 TESTING TABLE #1834 $ 60.0( CROSSING PLATES #878 $ 6.25 TRAFFIC CONES #881 $ 2.5( CUT OFF / CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRANSIT - THEOLITE #845C $ 35.0( DEAD WEIGHT TESTER $ 60.00 TRENCH BOX - 6'X 10' #1910 $ 200.0( DELINEATORS #879 $ 2.50 TRENCH BOX - 4' X 10' #1909 $ 130.0E DRILL MOTOR 1/2" #811 $ 20.00 TRENCH JACK (SCREW) #877 $ 4.0( DRILL MOTOR 3/4" #812 $ 25.00 TRENCH JACK (HYDRAULIC) #876 $ 20.0( DRY ROD OVEN - PORTABLE #813 $ 25.00 TRENCHER #1160 $ 125.0( DUCT ROD #855 $ 30.00 TRI -VISE #884 $ 25.0( EMULSION POT SPRAYER $ 60.00 VIBRATOR PLATE $ 91.0( FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 WALKIE TALKIES (SET OF 2) #893 $ 25.0( FLOW LINER #841 $ 25.00 WATER HOSE 1 1/2" X 50' #871 $ 6.0( FUSION MACHINE 4-12" Macelroy #3095 $200.00 WATER HOSE 2 1/2" X 50' #872 $ 7.5( GENERATOR (3.5 - 5 KW) #1807 $ 53.00 WATER PUMP 2" Portable #1831 $ 53.0( GENERATOR (75 KW) #6280 $ 75.00 WATER PUMP 3" Portable #1832 $ 80.0( HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 50.0( HEATER #815 $ 25.00 WHALERS HYDRAULIC #1894 $ 300.0( HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) #6042 $ 300.0( HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 DAILY IMPACT GUN 1/2" #821 $ 15.00 SAFETY AND HAZMAT EQUIPMENT Rate IMPACT GUN 314" #822 $ 20.00 EXPLOSIMETER #844. '$_50.0( IMPACT WRENCH 1" #864 $ 35.00 4 WAY GAS MONITOR #921 $ 100.0[ LADDER #875 $ 10.00 MULTI -GAS DETECTOR / PID #914 $ 100.0[ LASER LEVEL #8458 $ 75.00 AIR SUPPLY UNIT #922 $ 50.0C LEAF BLOWER #824 $ 25.00' ESCAPE AIR PACK #918 $ 25.0( LIGHT STAND #849 $ 15.00 H2S MONITOR #920 $ 15.0( MANHOLE BLOWER #840 $ 43.00 HAZMAT SUIT - TYVEK #912 $ 8.01] PAVEMENT BREAKER / JACKHAMMER #867 $ 35.00 HA7MAT TRAILER #6648 $ 20.00 PIPE BENDER 5" GREENLEE #1885 $ 100.00 RESPE:RATOR - HALF/FULL MASK #911 $ 5.00 PIPE BENDER MACHINE 6-20" (Plus shoesKreight per day) #1082. $ 400.00 SCBA - self contained #916 $ 40.01] PIPE BENDER SHOES 11082 BENDER #1190 $1165.00 WEEKLY SCBA cylinder -extra #917 ° ''5.00 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 TRIPOD WITH WINCH #913 ).00 PIPE CUTTER LINEUP CLAMP 16"-30' #839 $ 50.00 PIPE CUTTER LINEUP CLAMP 8"44" #851 $ 25.00 - - Page2:of2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 wu" OTY B h 0 S e Construction Company July 13, 2009 City of Newport Beach 949 West 16th Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Tenn: 09/01/08 — 06/30/09 Subject: Labor Rates and Equipment Rates Ms. Asher: EXHIBIT wB" Thank you for your fax with regard to the above referenced; it's that time of year again! As mentioned in our letter dated December 31, 2008, Doty Bros. Equipment Co., ("DBEC") is submitting to you its current effective Labor Rates and Equipment Rates in order to amend the Agreement. Thank you once again for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Amendment. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are again effective for one year (July 1, 2009 through June 30, 2010). Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. If you should have any questions or require further information please do not hesitate to call our office. incerely, 44 Monache .I. Titchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 FaYF' Ay �• r �"� Thank you for your fax with regard to the above referenced; it's that time of year again! As mentioned in our letter dated December 31, 2008, Doty Bros. Equipment Co., ("DBEC") is submitting to you its current effective Labor Rates and Equipment Rates in order to amend the Agreement. Thank you once again for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Amendment. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are again effective for one year (July 1, 2009 through June 30, 2010). Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. If you should have any questions or require further information please do not hesitate to call our office. incerely, 44 Monache .I. Titchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 i- 41 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION, COMPANY FOR ON-CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, CA 90650 ("Contractor"), and is made with reference to the following: RECITALS A. On September 11 th, 2007, 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 August 31 st, 2008. B. On July 22, 2008, City and Contractor entered into Amendment No. 1 to extend the term of the Agreement to December 31 st' 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. 1 and according to the Request to Extend On -Call Services Agreement dated December 31, 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 January 1, 2009, 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. 2 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: g44A� � Leilani Brown, City Clerk CITY OF NEWPORT BEACH A Municipal Corpora(on,, By: Edward Sench, Mayor for the City of Newport Beach DOTY BROS. CONSTRUCTION CO. By: C25�K Title: President Print Name: Chri,*s- )Chr is t I�M al Officer) Title: Treasurer Print Name: Carlos Garcia Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates c December 31, 2008 City of Newport Beach 949 West 16"' Street Newport Beach, CA 92658 EXHIBIT "A" Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement -" On -Call Emergency Underground Utility Repairs Term: 08/31/08 —12/31/08 Subject: Labor Rates and Equipment Rates Ms. Asher: Thank you for taking the time to speak with me this morning with regard to our desire to continue our relationship with the City of Newport Beach. In response to lower fuel costs, we are pleased to pass along to our Customers revised Equipment Rates in reflection of current market conditions as applicable to all work performed under the terms of the above referenced Agreement. As mentioned in our letter dated July 6, 2008, please find enclosed Doty Bros. Equipment Co.'s ("DBEC") revised effective Equipment Rates. We respectfully request that in reflection of this event, you amend the Agreement which expires today, December 31, 2008. Also, as per our conversation, I understand that our Agreement will not lapse. Please note, these rates shall become effective immediately for work performed on and after January 1, 2009 through June 30, 2009. We will again be reviewing both the Labor and Equipment Rates at their respective times of expiration on June 30, 2009 and possibly revising at that time. Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customer professional and quality services for a competitive price. We look forward to bringing you our quality workmanship and professional services whenever you contact us for our services. Should you have any questions, please feel free to contact our office. Sincerely, �Wi Monac . J. Titchenell Assistant Contracts Administrator cc: Phil Dennis Binny Patel contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO JUNE 30. 2009 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.00/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego in accord@ with Labor AoreeniW. and Without 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 161.97 Operating Foreman COF 80.32 113.82 147.32 Foreman, Appdx. A OFM 88.29 121.79 155.29 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler OG i 80.13 109.56 138.98 Journeyman CJM 75.62 106.77 137.92 Group 2, Appdx. A - Oiler OG2 81.44 111.51 141.58 Shingler CSJ 75.83 107.09 138.35 Group 8, Appdx. A - Universal OG8 84.96 116.79 148.62 Apprentice - 8th Period k9O%) CA8 69.39 97.42 125.46 Group 10, Appdx. A -Mechanic OGA 85.16 117.(9 149.02 Group 8, Appdx. B - Crane < 25 Tons OB8 85.44 117.51 149.59 MILLWRIGHTS Group 9, Appdx. B - Crane > 25 Tons OB9 85.72 117.94 150.16 General Foreman CMG 86.46 123.03 159,60 Apprentice, Grp 8, Appdx A - Step 61,900%) OA6 78.59 107.24 135:89 Foreman CMF 81.45 115.52 149.59 Journeyman CMJ 76.45 108.02 139.58 Apprentice - 8th Period (95%) CM8 66.98 93.81 120.64 UA. PIPEFITTERSAVELDERS INDUSTRIAL General Foreman IGF 94.98 129.68 164.38 CEMENTMASONS Foreman IFM 89.09 121.02 152.94 Foreman MFM 75.86 102.13 128.41 Journeyman - Welder/Fitter IJM 80.25 108.01 135.78 Journeyman MJM 72.53 97.13 121.73 Apprentice - Fifth Year IA5 67.68 92.67 117.65 F&T Machine Operator MTO 72.94 97.76 122.57 Apprentice - 8th 6 Mos. (90%) MA8 67.61 89.75 111.89 SHORTLiNE (LOCAL 2501 Foreman SFM 93.31 129.90 163.68 LABORERS Journeyman (Welder/Fitter) SJM 90.31 125.40 157.75 Operator General Foreman LOG 88.76 123.93 159.10 Welder Helper SWH 50.30 68.50 85.65 Operator Foreman LOF 85.43 118.93 152.43 Pre -Helper SPH 29.96 41.02 52.08 General Foreman LGF 71.35 97.81 124.28 Foreman LFM 69.68 95.31 120.94 Group 1 - General LG1 62.34 84.30 106.26 Group 2 - Wrapper To 6" LG2 63.26 85.68 108.10 UTILITY Group 3 - PTOM/rapper > 6" LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 113.29 Group 4 - Pipe layer, C&S LG4 66.76 90.93 115.10 Welder UWD 61.21 82.85 104.48 Group 5 - Blaster LG5 67.35 91.81 116.27 Joumeyman/Fuser UJM 52.57 70.31 88.04 Apprentice - 6th Period (85%) LA6 51.63 72.42 93.22 Pipe Tradesman 11 UP2 40.22 51.89 63.57 TEAMSTERS ELECTRICIANS /INSIDE WIREMEN Operator General Foreman TOG 93.86 129.03 164.20 (Rates subject to project location & employee base location) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 136.91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman TFM 70.96 94.68 118.40 Journeyman EJM 83.18 115.20 147.22 Group 2 - 2 Axle TG2 67.88 90.05 112.23 Apprentice -10th Period (85%) EAO 72.07 99.29 126.51 Group 3 - 3 Axle TG3 68.09 90.38 112.66 Group 5 - Working Truck Driver TG5 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo -Bed TG9 69.68 92.76 115.83 Superintendent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cert TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.00/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego in accord@ with Labor AoreeniW. and Without 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 mymmrmix 1 EXHIBIT "B" MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JANUARY 1, 2009 TO JUNE 30, 2009 BACK HOES ID # Hourly Hourly - - Rate AUGER #1189 $ 20.00 Accessory - COMPACTION WHEEL EXECAVATOR #1181 $ 40.00 Accessory - COMPACT WHEEL F/CASE-JD #1179 $ 20.00 Accessory - HYDRAULIC BREAKER / CASE & JD #1183 $ 50.00 Accessory - VIBRATORY PLATE #1535 $ 40.00 POWER BROOM - TRACTOR MOUNTED #1085 $ 20.00 CC -135A ROCK WHEEL #1313 $ 75.00 CASE 560 /JD 310 ROLLER TRAILER $ 39.88 CASE 590 TILT TRAILER $ 41.88 CAT 300 - TRACK MOUNTED #4055 $ 111.25 CAT 345 - TRACK MOUNTED #4072 $ 141.25 CAT 416 #4147 $ 37.88 JD 710 ASPHALT PAVER - LEE BOY 1000D $ 45.88 COMPACTION EQUIPMENT CEMENT SAW - WALK BEHIND #1938 $ ARROW (HYDRO HAMMER) / STOMPER TRUCKS $ 44.00 SHEEPS FOOT - Tow Behind (Vibrating) #1169 $ 16.00 WACKER TAMPER #1860 $ 23.00 COMPRESSORS W/90 LB. BREAKER, CLAY SPADE 8, TAMPER BACK HOE MOVER TRUCK COMPRESSOR 125 -185 CFM 19.75 $ 21.00 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $ 104.00 CRANES 30.75 EQUIPMENT TRAILER - 20,000 LB BOOM TRUCK - 8 TON #3647 $ 33.75 BOOM TRUCK - 10.- 11 TON 16.00 $ 48.75 BOOM TRUCK - 14 TON 21.75 $ 52.75 BOOM TRUCK 23 - 25 TON #3308 $ 57.75 CRANE - RT / 15-18 TON (or equivalent) 44.75 $ 59.75 DOZERS / SIDEBOOMS 41.75 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED DOZER JD 450 #5078 $ 43.13 SIDEBOOM CAT D-6 15.25 $ 57.13 SIDEBOOM CAT D-7 #5063 $ 66.13 SIDEBOOM CAT 561 #5045 $ 63.13 SIDEBOOM CAT 572 #5067 $ 78.13 SIDEBOOM JD 450 32.00 $ 41.13 FORKLIFTS 22.25 WATER TRUCK - (1,500 - 2,000 GALS.) FORKLIFT - HYSTER 20,000 LB #1203 $ 34.88 FORKLIFT - LION 6,000 LB #1204 $ 22.88 LOADERS 28.75 MISCELLANEOUS LOADER - BOBCAT W/ BUCKET #1184B $ 26.88 LOADER - BOBCAT W1 SWEEPER #1184S $ 36.88 LOADER - BOBCAT W/ GRINDER #1184G $ 56.88 RUBBER TIRE LOADER - 544 JD #5086 $ 45.75 RUBBER TIRE LOADER - 930 CAT #5089 $ 47.75 RUBBER TIRE LOADER - 950 CAT #5087 $ 58.75 RUBBER TIRE LOADER - 950E/F CAT #5099 $ 69.75 RUBBER TIRE LOADER - 966 CAT #5070 $ 64.75 SKIPLOADER - CASE 580 / MF 40E / F 445 29.25 $ 31.88 ROAD EQUIPMENT ID # Hourly - Rate CABLE DOLLY - ONE REEL (Traitor Mounted) $ 12.00 CABLE DOLLY - THREE REEL (Traitor Mounted) $ 25.00 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.00 GRADER - CAT 140 #R7791 $ 81.75 GRINDER / COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ 228.00 ROLLER - (RIDE ON) $ 29.00 ROLLER (WALK BEHIND) - 1 TON VIBRATOR $ 23.00 ROLLER TRAILER $ 12.00 TILT TRAILER #6366 $ 12.00 TRENCHER TRAILER #6481 $ 12.00 UTILITY TRAILER #6452 $ 12.00 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 ASPHALT PAVER - LEE BOY 1000D #1196 $ 113.75 CEMENT SAW - WALK BEHIND #1938 $ 33.00 TRUCKS 2-3 TON LUBE TRUCK #3450 $ 16.25 5 Yard (Flat bed or Bobtail) Dump / 2-3 Ton Utility Truck $ 22.75 BACK HOE MOVER TRUCK $ 19.75 CEMENT TRUCK w/ mixer and compressor #3338 $ 53.75 DUMP TRUCK 10 WHEELER $ 30.75 EQUIPMENT TRAILER - 20,000 LB $ 14.00 EQUIPMENT TRAILER - 40,000 LB $ 16.00 FLAT BED with LIFT #3693 $ 21.75 FLAT BED with MIXER / DUMP #3392 $ 53.75 LOWSED TRAILER w/ tractor & move permit fees #3456 $ 44.75 LOWSIDE END DUMP TRAILER Wl TRACTOR #3418 $ 41.75 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 15.25 PICK-UP - RENTAL NUMBER R7700 $ 15.25 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 17.25 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 15.25 TEST PUMP TRUCK #3401 $ 78.75 TEST TRAILER (Hyprostatic) (#6549 & 6674) $ 32.00 UTILITY VEHICLE (NON-HWY) $ 22.25 WATER TRUCK - (1,500 - 2,000 GALS.) $ 33.75 WATER TRUCK - (3,500 GALS.) #3464 $ 38.75 WINCH TRUCK #3395 $ 28.75 MISCELLANEOUS BOARiNG MACHINE HYDRAULIC #1521 $ 25.00 BORE MACHINE TRAILER #6447 $ 10.00 TAP MACHINE (Water lines 3" to 12") (Per inch / per day) #828 $ 30.00 TAP MACHINE (Water lines up to 2") (Per inch / Per day) #820 $ 20.00 WELDERS 200 AMF - TRUCK MOUNTED $ 29.25 200 AMF, SKID MOUNTED or TRAILER $ 16.25 WELDER - RIG RENTAL NUMBER 87704 $ 29.25 FABRICATION SHOP & EQUIPMENT #101 $ 90.00 Page 1 of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JANUARY 1, 2009 TO JUNE 30, 2009 MISCELLANEOUS ID # DAILY MISCELLANEOUS ID #DAILY Rate - Rate ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $ 25.00 AIR HOSE 3/4" X 50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 $ 40.00 AIR SAW #857 $ 50.00 PIPE PUSHER / GRUNDORAM - HERCULE #1939 $ 600.00 AIR TAMPER #859 $ 35.00 PLYWOOD 1/3 REPLACEMENT COST #897 $ 3.00 ASPHALT SPREADER BAR #1193 $ 125.00 PNEUMATIC/HYDRAU TORQUE WRENCH #3090 $ 150.00 BARRICADES #880 $ 2.50 PORTABLE BAND SAW #860 $ 35.00 BEVELING BAND 14"-20" #833 $ 75.00 POWER THREADER #853 $ 85.00 BEVELING BAND 24"-42" #834 $ 100.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.00 BEVELING BAND 4"-12" #832 $ 50.00 PUMP - SKID MOUNT BENTONITE #1166 $ 107.00 BEVELING MACHINE 14"-20" #830 $ 75.00 PUMP - SUBMERSIBLE 9861 $ 27.00 BEVELING MACHINE 24"-42" #831 $ 100.00 RIGID ROLL GROOVER (#873 & #856) $ 30.00 BEVELING MACHINE 4"-12" #829 $ 42.50 RIVET BUSTER / RIPPING GUN #869 $ 50.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 ROCK DRILL (Plus Steel) #865 $ 35.00 BORE MOTOR #854 $ 10.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85.00 BORING MACHINE 1-1/2" & 1 3/4" (Accu -punch) #1178 $ 15.00 ROTARY HAMMER (Plus Steel) #852 $ 50.00 BORING MACHINE 4" - 8" (Accu -punch) #1520 $ 25.00 SANDBLASTER - UNIT (with accessories) #1175 $ 125.00 BORING MACHINE 3-1/2" (Accu -punch) #1177 $ 20.00 SAWZALL #874 $ 15.00 BUFFER & GRINDER #836 $ 25.00 SHORING LUMBER 3" X 12"X 14' (113 REPLACEMENT COST) #895 $ 3.00 BUILDER LEVEL - AC -2X NIKON #845 $ 25.00 SHORING LUMBER 8" X 8" X 8' (1!3 REPLACEMENT COST) #896 $ 3.00 CEMENT MIXER $ 43.00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN LINK FENCE PANELS #846 $ 3.00 TAP MACHINE - T.D. WILLIAMSON (UP TO 3") #827 $ 100.00 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAR POT #862 $ 50.00 CHIPPING GUN (Plus Steel) #868 $ 35.00 TEST PLUG #892 $ 10.00 CLAY SPADE (Plus Steel) #866 $ 35.00 TEST PUMP 200 LB.400 LB. SPRAGUE #1815 $ 125.00 CLEANING BALL #890 $ 10.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 COM -A -LONG / CHAIN #886 $ 15.00 TEST PUMP High Pressure #1940 $ 125.00 CONCRETE FINSHER #1823 $ 125.00 TEST PUMP Portable 2001b (#816 & #8 CONCRETE VIBRATOR #891 $ 40.00 TESTING TABLE #1834 $ 60.00 CONSTRUCTION SIGNS #882 $ 4.00 TRAFFIC CONES #881 $ 2.50 CROSSING PLATES #878 $ 6.25 TRANSIT - THEOLITE #8450 $ 35.00 CUT OFF / CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRENCH BOX - 6'X 10' #1910 $ 200.00 DEAD WEIGHT TESTER $ 60.00 TRENCH BOX - 4'X 10' #1909 $ 130.00 DELINEATORS #879 $ 2.50 TRENCH JACK (SCREW) #877 $ 4.00 DRILL MOTOR 1/2" #811 $ 20.00 TRENCH JACK (HYDRAULIC) #876 $ 20.00 DRILL MOTOR 3/4" #812 $ 25.00 TRENCHER #1160 $ 125.00 DRY ROD OVEN - PORTABLE #813 $ 25.00 TRI -VISE #884 $ 25.00 DUCT ROD #855 $ 30.00 VIBRATOR PLATE $ 91.00 EMULSION POT SPRAYER $ 60.00 WALKIE TALKIES (SET OF 2) #893 $ 25.00 FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 WATER HOSE 1 1/2" X 50' #871 $ 6.00 FLOW LINER #841 $ 25.00 WATER HOSE 2 1/2" X 50' #872 $ 7.50 FUSION MACHINE 4-12" Macelroy #3095 $200.00 WATER PUMP 2" Portable #1831 $ 53.00 GENERATOR (3.5 - 5 KW) #1807 $ 53.00 WATER PUMP 3" Portable #1832 $ 80.00 HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 50.00 HEATER #815 $ 25.00 WHALERS HYDRAULIC #1894 $ 300.00 HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) #6042 $ 300.00 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 IMPACT GUN 1/2" #821 $ 15.00 DAILY IMPACT GUN 3/4" #822 $ 20.00 SAFETY AND HAZMAT EQUIPMENT Rate IMPACT WRENCH 1" #864 $ 35.00 EXPLOSIMETER #844 $ 50.00 LADDER #875 $ 10.00 4 WAY GAS MONITOR #921 $ 100.00 LASER LEVEL #845B $ 75.00 MULTI -GAS DETECTOR / PID #914 $ 100.00 LEAF BLOWER #824 $ 25.00 AIR SUPPLY UNIT #922 $ 50.00 LIGHT STAND #849 $ 15.00 ESCAPE AIR PACK #918 $ 25.00 MANHOLE BLOWER #840 $ 43.00 H2S MONITOR #920 $ 15.00 PAVEMENT BREAKER / JACKHAMMER #867 $ 35.00 HAZMAT SUIT - TYVEK #912 $ 8.00 PIPE BENDER 5" GREENLEE #1885 $ 100.00 HAZMAT TRAILER #6648 $ 20.00 PIPE BENDER MACHINE 6-20" (Plus shoes/freight per day) #1082 $ 400.00 RESPERATOR - HALF/FULL MASK #911 $ 5.00 PIPE BENDER SHOES / 1082 BENDER #1190 $1165.00 WEEKLY SCBA - self contained #916 $ 40.00 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 SCBA cylinder - extra #917 $ 25.00 PIPE CUTTER LINEUP CLAMP 16"-36" #839 $ 50.00 TRIPOD WITH WINCH #913 $ 100.00 PIPE CUTTER LINEUP CLAMP 8"-14" #851 $ 25.00 Page 2 of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 %AI T Vr NEWPOW BEACH CITY OF NEWPORT BEACH FES?I9 CITY COUNCIL STAFF REPORT Agenda Item No. 8 February 24, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department George Murdoch, Utilities Director 949-718-3400 or gmurdoch(a city.newport-beach.ca.us SUBJECT: UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION CO. RECOMMENDATION: Approve Amendment No. 2 to Professional Services Agreement with Doty Bros. Construction Company, 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 Professional Services Agreement with Doty Bros. Construction Company (Doty Bros.), to provide as needed on-call underground utility repair services on a time and materials basis. On July 22, 2008, the City Council approved Amendment No. 1 to the PSA which incorporated a revised equipment rate sheet and extended the contract term an additional six months. Doty Bros. informed the Department that due to the volatility in fuel and material prices they would be unable to guarantee prices beyond a 6 month period. Amendment No. 2 to the PSA with Doty Bros. incorporates a revised equipment rate billing sheet in response to lower fuel costs. This amendment extends the term of the PSA until June 30, 2009, at which time Doty Bros. will then submit a revised labor rate billing sheet based on their labor union contracts which are renewed annually in June. Doty Bros. is one of several contractors that the City has on-call agreements with to provide emergency underground utility repairs. Doty Bros. has assisted the City in the following recent emergency repairs: repair of the 8" water line on Dover at Westcliff and the 30" steel reclaimed water main on University Ave. at the 73 Toll Road. Underground Repair Services — Approval of Amendment No. 2 to PSA with Doty Bros. Construction Co. February 24, 2000t Page -2 The scope of work for the on-call professional agreement 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 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. Submitted by: F--e �u�r e o �r Utilities Director Attachments: Amendment No. 2 with Doty Bros. Construction Company AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION, COMPANY -FOR ON-CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, .CA 90650 ("Contractor"), and is made with reference to the following: RECITALS A. On September 11 th, 2007, 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 August 31St, 2008. B. On July 22, 2008, City and Contractor entered into Amendment No. 1 to extend the term of the Agreement to December 31 St, 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 Contractormutually 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. 1 and according to the Request to Extend On -Call Services Agreement dated December 31, 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 January 1, 2009, 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. 2 on the date first above written. - APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Edward Selich, Mayor for the City of Newport Beach DOTY BROS. CONSTRUCTION CO. By: By: Leilani Brown, City Clerk 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 _ ss� December 31, 2008 City of Newport Beach 949 West 16th Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 08/31/08 — 12/31/08 Subject: Labor Rates and Equipment Rates Ms. Asher: Thank you for taking the time to speak with me this morning with regard to our desire to continue our relationship with the City of Newport Beach. In response to lower fuel costs, we are pleased to pass along to our Customers revised Equipment Rates in reflection of current market conditions as applicable to all work performed under the terms of the above referenced Agreement. As mentioned in our letter dated July 6, 2008, please find enclosed Doty Bros. Equipment Co.'s ("DBEC") revised effective Equipment Rates. We respectfully request that in reflection of this event, you amend the Agreement which expires today, December 31, 2008. Also, as per our conversation, I understand that our Agreement will not lapse. Please note, these rates shall become effective immediately for work performed on and after January 1, 2009 through June 30, 2009. We will again be reviewing both the Labor and Equipment Rates at their respective times of expiration on June 30, 2009 and possibly revising at that time. Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customer professional and quality services for a competitive price. We look forward to bringing you our quality workmanship and professional services whenever you contact us for our services. Should you have any questions, please feel free to contact our office. Sincerely, j Monac J. Titchenell Assistant Contracts Administrator cc: Phil Dennis Binny Patel contr act file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www:dotybros.com CA Lic. 273024 COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO JUNE 30, 2009 X11-' x(17 Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo -Bed TG9 69.68 92.76 115.53 Superintendent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cert TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rates: Apprentice -rates as listed above are the highest classification prior to journey man full sale rate=_. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.00/day Travel Time: Customer will' be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bemardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. a and are s0bi-6Up change with -e. This 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMANICLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 161.97 Operating Foreman COF 80.32 113.82 147.32 Foreman, Appdx. A OFM 88.29 121.79 155.29 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler OG i 80.13 109.56 138.98 Journeyman CJM 75.62 106.77 137.92 Group 2, Appdx. A - Oiler OG2 81.44 111.51 141.58 Shingler CSJ 75.83 107.09 138.35 Group 8, Appdx. A - Universal OG8 84.96 116.79 148.62 Apprentice - 8th Period (X%) CAS 69.39 97.42 125.46 Group 10, Appdx. A - Mechanic OGA 85.16 117.09 149.02 Group 8, Appdx. B - Crane < 25 Tons OB8 85.44 117.51 149.59 MILLWRIGHTS Group 9, Appdx. B - Crane > 25 Tons OB9 85.72 117.94 150.16 General Foreman CMG 86.46 123.03 159.60 Apprentice, Grp 8, Appdx A - Step 6 (90%) OA6 78.59 107.24 135.89 Foreman CMF 81.45 115.52 149.59 Journeyman CMJ 76.45 108.02 139.58 Apprentice - Sth Period (95%) CM8 66.98 93.81 120.64 U.A. PIPEFITTERSNVELDERS INDUSTRIAL General Foreman IGF 94.98 129.68 164.38 CEMENT MASONS Foreman IFM 89.09 121.02 152.94 Foreman MFM 75.86 102.13 128.41 Joumeyman - Welder/Fitter IJM 80.25 108.01 135.78 Joumeyman MJM 72.53 97.13 121.73 Apprentice- Fifth Year - IA5 67.68 92.67 117.65 F&T Machine Operator MTO 72.94 97.76 122.57 Apprentice - 8th 6 Mos. (90%) MAS 67.61 89.75 111.89 SHORTLINE (LOCAL 250) Foreman SFM 93.31 129.90 163.68 LABORERS Journeyman (Welder/Fitter) SJM 90.31 125.40 157.75 Operator Genual Foreman LOG 88.76 123.93 159.10 Welder Helper SWH 50.30 68.50 85.65 Operator Foreman LOF 85.43 118.93 152.43 Pre -Helper SPH 29.96 41.02 52.08 General Foreman LGF 71.35 97.81 124.28 Foreman LFM 69.68 95.31 120.94 Group 1 - General LGI 62.34 84.30 106.26 Group 2 - Wrapper To 6" LG2 63.26 85.68 108.10 UTILITY Group 3 - PTO/Wrapper > 6" LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 113.29 Group 4 - Pipe layer, C&S LG4 66.76 90.93 115.10 Welder UWD 61.21 82.85 104.48 Group 5 - Blaster LG5 67.35 91.81 116.27 Joumeyman/Fuser UJM 52.57 70.31 88.04 Apprentice - 6th Period (85%) LA6 51.63 72.42 93.22 Pipe Tradesman 11 UP2 40.22 51.89 63.57 TEAMSTERS ELECTRICIANS /1NSIDEWIREMEN Operator General Foreman TOG 93.86 129.03 164.20 (Rates subject to project location & employee base location) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 136.91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman TFM 70.96 94.68 118.40 Journeyman EJM 83.18 115.20 147.22 Group 2 - 2 Axle TG2 67.88 90.05 112.23 Apprentice -10th Period (85%) EAO 72.07 99.29 126.51 Group 3 - 3 Axle TG3 68.09 90.38 112.66 Group 5 - Working Truck Driver TG5 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo -Bed TG9 69.68 92.76 115.53 Superintendent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cert TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rates: Apprentice -rates as listed above are the highest classification prior to journey man full sale rate=_. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.00/day Travel Time: Customer will' be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bemardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. a and are s0bi-6Up change with -e. This 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JANUARY 1. 2009 TO JUNE 30. 2009 BACK HOES AUGER Accessory- COMPACTION WHEEL EXECAVATOR Accessory - COMPACT WHEEL F/CASE-JD Accessory - HYDRAULIC BREAKER / CASE & JD Accessory - VIBRATORY PLATE POWER BROOM - TRACTOR MOUNTED CC -135A ROCK WHEEL CASE 580 /JD 310 CASE 590 CAT 300 - TRACK MOUNTED CAT 345 - TRACK MOUNTED CAT 416 JD 710 COMPACTION EQUIPMENT ARROW (HYDRO HAMMER) / STOMPER SHEEPS FOOT - Tow Behind (Vibrating) WACKER TAMPER 151,11:53n: !D # Hourly_ RDAD EQUIPMENT ID # #1808 $ Hourly CRANES 43.13 Rat #3647 $ 33.75 Rate #1189 $ 20.00 CABLE DOLLY - ONE REEL (Traitor Mounted) 52.75 $ 12.00 #1181 $ 40.00 CABLE DOLLY - THREE REEL (Trailor Mounted) SIDEBOOM JD 450 $ 25.00 #1179 $ 20.00 FLASHING ARROWBOARD - (4 HR. MIN.) 16.00 $ 17.00 #1183 $ 50.00 GRADER - CAT 140 #R7791 $ 81.75 #1535 $ 40.00 GRINDER / COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ 228.00 #1085 $ 20.00 ROLLER - (RIDE ON) PICK-UP - RENTAL NUMBER $ 29.00 #1313 $ 75.00 ROLLER (WALK BEHIND) -1 TON VIBRATOR 17.25 $ 23.00 $ $ 39.88 ROLLER TRAILER $ $ 12.00 $ 41.88 TILT TRAILER #6366 $ 12.00 #4055 $ 111.25 TRENCHER TRAILER #6481 $ 12.00 #4072 $ 141.25 UTILITY TRAILER #6452 $ 12.00 #4147 $ 37.88 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 #6447 $ 45.88 ASPHALT PAVER - LEE BOY 1 OOOD #1196 $ 113.75 TAP MACHINE (Water lines up to 2") (Per inch / Per day) #820 $ CEMENT SAW - WALK BEHIND #1938 $ 33.00 $ 44.00 #1169 $ 16.00 #1860 $ 23.00 COMPRESSORS W/90 LB. BREAKER, CLAY SPADE & TAMPER COMPRESSOR 125 - 185 CFM $ 21.00 COMPRESSOR - AIR, PORTABLE (PER DAY RATE) #1808 $ 104.00 CRANES 43.13 SIDEBOOM CAT D-6 BOOM TRUCK - 8 TON #3647 $ 33.75 BOOM TRUCK - 10 -11 TON $ 48.75 BOOM TRUCK - 14 TON $ 52.75 BOOM TRUCK 23 - 25 TON #3308 $ 57.75 CRANE - RT / 15-18 TON (or equivalent) $ 59.75 DOZERS I SIDEBOOMS LOADER - BOBCAT W/ BUCKET DOZER JD 450 #5078 $ 43.13 SIDEBOOM CAT D-6 LOADER - BOBCAT W1 GRINDER $ 57.13 SIDEBOOM CAT D-7 #5063 $ 66.13 SIDEBOOM CAT 561 #5045 $ 63.13 SIDEBOOM CAT 572 #5067 $ 78.13 SIDEBOOM JD 450 #5070 $ 41.13 FORKLIFTS $ 31.88 $ 16.00 FORKLIFT - HYSTER 20,000 LB #1203 $ 34.88 FORKLIFT - LION 6,000 LB #1204 $ 22.88 LOADERS LOADER - BOBCAT W/ BUCKET #11846 $ 26.88 LOADER - BOBCAT W/ SWEEPER #1184S $ 36.88 LOADER - BOBCAT W1 GRINDER #11846 $ 56.88 RUBBER TIRE LOADER- 544 JD #5086 $ 45.75 RUBBER TIRE LOADER - 930 CAT #5089 $ 47.75 RUBBER TIRE LOADER - 950 CAT #5087 $ 58.75 RUBBER TIRE LOADER - 950E/F CAT #5099 $ 69.75 RUBBER TIRE LOADER - 966 CAT #5070 $ 64.75 SKIPLOADER - CASE 580 / MF 40E / F 445 EQUIPMENT TRAILER - 40,000 LB $ 31.88 TRUCKS 2-3 TON LUBE TRUCK #3450 $ 16.25 5 Yard (Flat bed or Bobtail) Dump / 2-3 Ton Utility Truck $ 22.75 BACK HOE MOVER TRUCK $ 19.75 CEMENT TRUCK w/ mixer and compressor 93338 $ 53.75 DUMP TRUCK 10 WHEELER $ 30.75 EQUIPMENT TRAILER - 20,000 LB $ 14.00 EQUIPMENT TRAILER - 40,000 LB $ 16.00 FLAT BED with LIFT #3693 $ 21.75 FLAT BED with MIXER / DUMP #3392 $ 53.75 LOWBED TRAILER w/ tractor & move permit fees #3456 $ 44.75 LOWSIDE END DUMP TRAILER W/ TRACTOR #3418 $ 41.75 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 15.25 PICK-UP - RENTAL NUMBER R7700 $ 15.25 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 17.25 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 15.25 TEST PUMP TRUCK #3401 $ 78.75 TEST TRAILER (Hyprostatic) (#6549 & 6674) $ 32.00 UTILITY VEHICLE (NON-HWY) $ 22.25 WATER TRUCK - (1,500 - 2,000 GALS.) $ 33.75 WATER TRUCK - (3,500 GALS.)- #3464 $ 38.75 WINCH TRUCK #3395 $ 28.75 MISCELLANEOUS BOARING MACHINE HYDRAULIC #1521 $ 25.00 BORE MACHINE TRAILER #6447 $ 10.00 TAP MACHINE (Water lines 3" to 12") (Per inch / per day) #828 $ 30.00 TAP MACHINE (Water lines up to 2") (Per inch / Per day) #820 $ 20.00 WELDERS 200 AMF - TRUCK MOUNTED $ 29.25 200 AMF, SKID MOUNTED or TRAILER $ 16.25 WELDER - RIG RENTAL NUMBER R7704 $ 29.25 FABRICATION SHOP & EQUIPMENT #101 $ 90.00 Page t of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lic. 273024 DOTY BROSE] Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA j COST PLUS RATES EFFECTIVE JANUARY 1, 2009 TO JUNE 30, 2009 MISCELLANEOUS ID # DAILY MISCELLANEOUS 1D# DAILY Rate Rai ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $ 25.0( AIR HOSE 314" X 50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 $ 40.0( AIR SAW #857 $ 50.00 PIPE PUSHER / GRUNDORAM - HERCULE - #1939 $ 600.0( AIR TAMPER #859 $ 35.00 PLYWOOD 1/3 REPLACEMENT COST #897 $ 3.0( ASPHALT SPREADER BAR #1193 $ 125.00 PNEUMATIC/HYDRAU TORQUE WRENCH #3090 $ 150.0( BARRICADES #880 $ 2.50 PORTABLE BAND SAW #860 $ 35.0( BEVELING BAND 14"-20" #833 $ 75.00 POWER THREADER #853 $ 85.0( BEVELING BAND 24"-42" #834 $ 100.00 PRESSURE WASHER TRAILER MOUNT. - #6941 $ 160.0( BEVELING BAND 4"-IZ' #832 $ 50.00 PUMP - SKID MOUNT BENTONITE #1166 $ 107.0C BEVELING MACHINE 14"-20" #830 $ 75.00 PUMP - SUBMERSIBLE #861 $ 27.0( BEVELING MACHINE 24"-42" #831 $ 100.00 RIGID ROLL GROOVER (#873 & #856) $ 30.00 BEVELING MACHINE 4"-12" #829 $ 42.50 RIVET BUSTER / RIPPING GUN #869 $ 50.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 ROCK DRILL (Plus Steel) #865 $ 35.0( BORE MOTOR #854 $ 10.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85 -OC BORING MACHINE 1-112'& 1 3/4" (Accu -punch) #1178 $ 15.00 ROTARY HAMMER (Plus Steel) #852 $ 5000 BORING MACHINE 4" - 8" (Accu -punch) #1520 $ 25.00 SANDBLASTER - UNIT (with accessories) #1175 $ 125.00 BORING MACHINE 3-1/2" (Accu -punch) #1177 $ 20.00 SAWZALL #874 $ 15.00 BUFFER & GRINDER #836 $ 25.00 SHORING LUMBER 3"X 12"X14' (113 REPLACEMENT COST) #895 $ 3.00 BUILDER LEVEL - AC -2X NIKON #845 $ 25.00 SHORING LUMBER 8" X 8" X 8' (1 i3 REPLACEMENT COST) #896 $ 3.00 CEMENT MIXER $ 43.00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN LINK FENCE PANELS #846 $ 3.00 TAP MACHINE -T.D. WILLIAMSON (UP TO 3") #827 $ 100.00 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAR POT #862 $ 50AC CHIPPING GUN (Plus Steel) #868 $ 35.00 TEST PLUG #892 $ 10.0( CLAY SPADE (Plus Steel) #866 $ 35.00 TEST PUMP 200 LB. -400 LB. SPRAGUE #1815 $ 125.00 CLEANING BALL #890 $ 10.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.0( COM -A -LONG / CHAIN #886 $ 15.00 TEST PUMP High Pressure #1940 $ 125.00 CONCRETE FINSHER #1823 $ 125.00 TEST PUMP Portable 2001b (9816 & #817) $ 80.00 CONCRETE VIBRATOR #891 $ 40.00 TESTING TABLE #1834 $ 60.00 CONSTRUCTION SIGNS #882 $ 4.00 TRAFFIC CONES #881 $ 2.5C CROSSING PLATES #878 $ 6.25 TRANSIT - THEOLITE #845C $ 35.00 CUT OFF / CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRENCH BOX - 6'X 10' #1910 $ 200 -OC DEAD WEIGHT TESTER $ 60.00 TRENCH BOX - 4'X 10' #1909 $ 130.0C DELINEATORS #879 $ 2.50 TRENCH JACK (SCREW) #877 $ 4.00 DRILL MOTOR 112" #811 $ 20.00 TRENCH JACK (HYDRAULIC) #876 $ 20.00 DRILL MOTOR 3/4" #812 $ 25.00 TRENCHER #1160 $ 125.00 DRY ROD OVEN - PORTABLE #813 $ 25.00 TRI -VISE #884 $ 25.00 DUCT ROD #855 $ 30.00 VIBRATOR PLATE $ 91.00 EMULSION POT SPRAYER $ 60.00 WALKIE TALKIES (SET OF 2) #893 $ 25.00 FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 WATER HOSE 1 112" X 50' #871 $ 6.00 FLOW LINER #841 $ 25.00 WATER HOSE 2 1/2" X 50' #872 $ 7.50 FUSION MACHINE 4-12" Macelroy #3095 $200.00 WATER PUMP 2" Portable #1831 $ 53.00 GENERATOR (3.5 - 5 KW) #1807 $ 53.00 WATER PUMP 3" Portable #1832 $ 80.00 HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 5001] HEATER #815 $ 25.00 WHALERS HYDRAULIC #1894 $ 300.00 HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) #6042 $ 300.00 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 IMPACT GUN 112" #821 $ 15.00 DAILY IMPACT GUN 314" #822 $ 20.00 SAFETY AND HAZMAT EQUIPMENT Rate IMPACT WRENCH 1" #864 $ 35.00 EXPLOSIMETER #844 $ 50.01] LADDER #875 $ 10.00 4 WAY GAS MONITOR #921 $ 100.00 LASER LEVEL #845B $ 75.00 MULTI -GAS DETECTOR / FID #914 $ 100.00 LEAF BLOWER #824 $ 25.00 AIR SUPPLY UNIT #922 $ 50.00 LIGHT STAND #849 $ 15.00 ESCAPE AIR PACK #918 $ 25.00 MANHOLE BLOWER #840 $ 43.00 H2S MONITOR #920 $ 15.00 PAVEMENT BREAKER[ JACKHAMMER #867 $ 35.00 HAZMAT SUIT - TYVEK #912 $ 8.00 PIPE BENDER 5" GREENLEE #1885 $ 100.00 HAZMAT TRAILER #6648 $ 20.00 PIPE BENDER MACHINE 6-20" (Plus shoestfreight per day) #1082 $ 400.00 RESPERATOR - HALFIFULL MASK #911 $ 5.00 PIPE BENDER SHOES 11082 BENDER #1190 $1165.00 WEEKLY SCBA - self contained #916 $ 40.00 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 SCBA cylinder - extra #917 $ 25.00 PIPE CUTTER LINEUP CLAMP 16"-36" #839 $ 50.00 TRIPOD WITH WINCH #913 $ 100.00 PIPE CUTTER LINEUP CLAMP 8"-14" #851 $ 25.00 Page 2 of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 864-6052 www.dotybros.com CA Lie. 273024 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 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.gov SUBJECT: APPROVAL OF AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY EROS. 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 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. There are no cost increases for equipment. AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY 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 DOTY BROS. CONSTRUCTION COMPANY, a California Corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 11, 2007, 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 February 24, 2009. 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 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: ynette D. Bea amp, Assistant City Attorney ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation in Edward Selich, Mayor CONTRACTOR: DOTY BROS. CONSTRUCTION CO.. (Corporate Officer) Title: President Print Name: Chris Christy 0 (Financial Officer) Title: Treasurer Print Name: Carlos Garcia Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement w2'h `hTY R R 0 S U U Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 CRAFTSMAN/CLASS PAY CORE STRAIGHT 77ME OVER TIME DOUBLE PAY STRAIGHT OVER DOUBLE 77ME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 86.82 122.98 159.13 General Foreman, Appdx. A OGF 95.11 131.58 8 ° Operating Foreman COF 84.11 118.90 153.69 Foreman, A 16.04 Foremanp CFM 81.82 115.47 149.12 Group 1, Appdx. A - Oiler OFM 91.78 126.57 161.37 Journeyman CJM 76.82 107.97 139.12 Group 2, Appdx. A - Oiler OGI 83.62 114.34 145.05 Shingier CSJ 77.03 108.29 139.55 Group 8, Appdx. A - Universal OG2 OG8 84.92 116.29 147.65 Apprentice - 8th Period (90 %) CA8 70.59 98.62 126.66 Group 10, Appdx A - Mechanic 88.44 121.57 154.69 OGA 88.64 121.87 155.09 MILLW RIGHTS Group 8, Appdx. B - Crane < 25 Tons OB8 88.92 122.29 155.66 General Foreman CMG 87.66 Grou p , 9Appdx. B - Crane > 25 Tons OB9 89.21 122.72 156.23 Foreman 124.23 160.80 Apprentice, Grp 8, Appdx A - Step 6 (90 %) OA6 81.82 111.63 141.44 CMF 82.65 116.72 150.79 Journeyman CMJ 77.65 109.22 140.78 U.A. PIPEPITTERSANELDERS Apprentice - 8th Period (95 %) CM8 68.18 95.01 121.84 INDUSTRIAL CEMENT MASONS General Foreman IGF 97.71 133.28 168.85 Foreman MFM 78.46 105.56 132.67 Foreman Journeyman - Welder /Fitter IFM 91.69 124.41 157.14 Journeyman MJM 73.45 98.05 122.66 Apprentice - Fifth Year IJM 82.63 111.09 139.54 F &T Machine Operator MTO 1 73.87 98.68 123.49 IA5 69.93 95.54 121.15 Apprentice - 8th 6 Mos. (90 %) MA8 68.53 90.67 112.82 SHORTLINE (LOCAL 250) LABORERS Foreman SFM 95.42 132.57 166.91 Operator General Foreman LOG 92.55 129.01 Journeyman (Weider/Fitter) SJM 90.31 125.40 157.75 Operator Foreman LOF 89.21 124.01 165.47 158.80 Welder Helper - SWH 52.41 71.17 88.88 General Foreman LGF 72.55 99.01 125.48 Pre Helper SPH 30.68 42.10 53.51 Foreman LFM 70.88 96.51 122.14 UTILITY Group 1 - General LG1 63.54 85.50 107.46 Operator Foreman UOF 87.94 122.74 Group 2 - Wrapper To 6" LG2 64.46 86.88 109.30 Foreman 157.53 Group 3 - PTO/Wrapper> 6" LG3 65.38 88.25 111.13 Welder UFM 66.04 89.89 113.73 Group 4 - Pipe layer, C &S LG4 67.96 92.13 116.30 Joumeyman/Fuser UWD 64.52 87.61 110.69 Group 5 - Blaster LG5 68.55 93.01 117.47 Pipe Tradesman II UJM 55.70 74.79 93.88 Apprentice - 6th Period (85 %) LA6 52.17 72.96 93.76 UP2 42.29 54.80 67.31 ELECTRICIANSlINSIDE WIREMEN TEAMSTERS (Rates subject to project location & employee base location) Operator General Foreman TOG 97.59 134.05 170.51 General Foreman EGF 103.51 144.48 185.45 Operator Foreman TOF 94 .25 129.05 163.84 Foreman Journeyman y EFM 95.95 133.15 170.35 General Foreman TGF 73.77 98.32 122.88 Apprentice -10th Period 85% ( ) EJM EAO 88.40 121.82 155.24 Foreman TFM 72.10 95.82 119.54 76.64 105.04 133.45 Group 2 - 2 Axie TG2 69.02 91.19 113.37 PROJECT MANAGEMENT Group 3 - 3 Axle Group 5 - Working Truck Driver TG3 TG5 69.23 91.52 113.80 Project Manager MPM 111.65 152.73 197.24 Group 6 - 4 or More Aide TG6 69.60 69.65 92.07 114.54 Superintendent MSP 100.17 136.52 176.33 Group 9 - Lo -Bed TG9 70.82 92.14 93.90 114.64 116.97 Project Engineer MPE 77.75 113.79 149.83 Group 12 - WTD BoomTrk Cert TBT 72.87 96.97 121.08 Safety Director SAD 109.73 149.23 193.88 Safety Supervisor SAS 97.65 133.09 171.86 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $95.001day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Pius Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, inciuding the Channel Islands Monument. Rate Scale does not include San Diego County. 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 July 13, 2009 City of Newport Beach 949 Vest 16th Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 09/01/08 — 06/30/09 Subject: Labor Rates and Equipment Rates Ms. Asher: Thank you for your fax with regard to the above referenced; it's that time of year again! As mentioned in our letter dated December 31, 2008, Doty Bros. Equipment Co., ( "DBEC ") is submitting to you its current effective Labor Rates and Equipment Rates in order to amend the Agreement. Thank you once again for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Amendment. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are again effective for one year (July 1, 2009 through June 30, 2010). Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. office. If you should have any questions or require further information please do not hesitate to call our incerely, Monache .I. Titchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 via 6UT m kb. `l} CA 0 IZ5 \ t/ Thank you for your fax with regard to the above referenced; it's that time of year again! As mentioned in our letter dated December 31, 2008, Doty Bros. Equipment Co., ( "DBEC ") is submitting to you its current effective Labor Rates and Equipment Rates in order to amend the Agreement. Thank you once again for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Amendment. In addition, we would like to bring your attention to the fact that this year our Labor and Equipment Rates are again effective for one year (July 1, 2009 through June 30, 2010). Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. office. If you should have any questions or require further information please do not hesitate to call our incerely, Monache .I. Titchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 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. GCI CONSTRUCTIf N Effee iv 71/12009 to 6130110 EQUIPMENT OPERATED PAT- E SCHEDULE DESCRIPTION FOREMAN PICK UP TRUCK 19.00 HOUR CREW TRACK 34.00 HOUR 10 WHEELER DUMP TRUCK 80.00 HOUR SUPER 10 86.00 HOUR BOTTOMEMI END DUMP 94.00 HOUR LOW BED RATE 110.06 HOUR SKIPLOAD£R 125.00 HOUR BOBCAT 30.75 HOUR 446D BACKHOEILOADER 150.00 HOUR 555E BACKHOEILOADER 135.00 HOUR NEW HOLLAND BACKHOEILOADER 135-00 HOUR 938 WHEEL LOADER 145.00 HOUR CAT 950 LOADER 145.00 HOUR CAT 050 E LOADER 150.00 HOUR JD 450 WITH 8OARR 150.00 HOUR CAT 307 EXCAVATOR 15040 HOUR CAT 313 EXCAVATOR 170.00 HOUR CAT 325 EXCAVATOR 192.00 HOUR CAT 321CLCR7 EXCAVATOR 185.00 HOUR CAT 235D EXCAVATOR 220.0a I2 KOBELCO SK340 LC1V EXCAVATOR 200 6tt HOUR RING O MATIC POT HOLRI'G MACE{ENE 400.00 DAY 80A0 HR ASHPHALT ZIPPER 250.00 HOUR Rtes TeeSt ARROWB€iARD 98.00 DAY WATER TRUCK 160.00 DAY COMPACTION WHEEL 25.Ba HOUR COMPRESSOR 152M RAY CONtPRE , SOR WiJACKFRA 4MER 228.00 DAY 2000 MULTIQUIP TOWABLE GENERATOR 205.00 DAY HYDRAULIC BREAKER 48.00 HOUR 20M LOS LIGHT TOWER 92.00 DAY WALKER 9ZOO _. DAY Zieman Trailer Ia. Qik 1HOUR3 C trash PUER- & hoses 0240 day 6x16 Trortch Box 82.50 d 247.50 43Y[c 742 00 [fix 4 x 16 Trench Box 55.00 day 1m0o Wk 49540 vp 8 x 24 Trench Box 180.00 DAY 54TI.iii W[t '1 ,Q#$ Rtla LA8.0R • : REGULAR OVERTME GEtL TIME I AB R,ER GRADING 4941 6041 LABORER SEWER 50.16 67.30 84 {4 LABORER WATER PIPELAYER GRADING PIPSLAYER SEWER 4.44• 53.24 53.24 &:11 719. 72.48 t .64 90 9.34 f£!P €LAYi R WATER OPERATOR GRADING 52.83 67.92 7136 92 8� 117.77 _ OPERATOR SEWER OPERATOR WATER FOREMAN GRAWNG FOREMAN SEWER FOREMAN WATER 68+.43 W60 70.43 70.97 71.15 05.60 03. 96.61 9784! 37;67 "8176 119. EB 122,791 123.E 1241tI AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 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 VALVERDE CONSTRUCTION, INC., a California Corporation whose address is 10918 Shoemaker Avenue, Santa Fe Springs, California, 90670 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On November 13, 2007, 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 one separate AMENDMENT of the AGREEMENT, dated July 22, 2008. C. CITY desires to enter into this AMENDMENT NO. 2 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. 2," 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 IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: nette b. Be amp, Assistant City Attorney ATTEST: NM Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation IN Edward Selich, Mayor CONTRACTOR: VALVERDE CONSTRUCTION, INC. IN (Corporate Officer) Title: President Print Name: Edward Valverde In (Financial Officer) Title: Corporate Treasurer Print Name: Michael Valverde Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2009 to June 30, 2010 UNIT # EQUIPMENT DESCRIPTION Rate 01- Apr -09 AB ARROWBOARDS AB0014 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0015 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0016 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0017 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0018 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0019 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0020 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR AB0021 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR AB0022 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR AB0023 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR BH BACKHOES BH0018 CATERPILLAR 416C BACKHOE 47.30 PER HOUR BH0019 CASE 590L BACKHOE 51.92 PER HOUR BH0020 CAT BACKHOE 430D 41.59 PER HOUR BH0021 CAT BACKHOE 4468 64.96 PER HOUR BH0022 CAT BACKHOE 446B 64.96 PER HOUR BH0023 CAT BACKHOE 446B 64.96 PER HOUR BH0024 CAT BACKHOE 446B 64.96 PER HOUR BH0025 CAT BACKHOE 420D 47.11 1 PER HOUR BH0026 CASE 590S BACKHOE 51.921 PER HOUR CP COMPRESSORS CP0001 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0002 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0003 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0004 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0005 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0006 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0007 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0008 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0009 CompAir Q175 COMPRESSOR 19.37 PER HOUR CP0010 CompAir Q175 COMPRESSOR 19.37 PER HOUR FL FORKLIFTS FL0004 CAT DP40K -D 55.81 PER HOUR LD LOADERS LD0006 JOHN DEERE 544H LOADER 64.77 PER HOUR LD0008 JOHN DEERE 444H LOADER 54.72 PER HOUR LD0009 CASE 570 LXT 4WD LOADER 38.37 PER HOUR LT LIGHT TOWERS LT0001 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0002 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0003 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0004 ALLMAND NLPKFMXZ LIGHT TOWER 11.81 PER HOUR LT0005 ALLMAND NL PRO 11.81 PER HOUR PU PUMPS P00002 GRIFFIN 6" TRASH PUMP 29.69 PER HOUR P00003 PT3A 3" 21.941 PER HOUR P00004 MULTIQUIP QP -40TH 4' 25.44 PER HOUR P00005 GRIFFIN 8" DIESEL PUMP 29.69 PER HOUR P00006 HYPRO 3/4" 5210C -R TEST PUMP 16.41 PER HOUR P00007 HYPRO 3/4" 521OC -R TEST PUMP 16.41 PER HOUR RO ROLLERS /COMPACTION WHEELS R00001 CATERPILLAR CB224C ROLLER 33.59 PER HOUR R00002 CATERPILLAR 214C ROLLER 29.44 PER HOUR R00003 I/ R SD40FD COMPACTION ROLLER 55.29 PER HOUR TK TRUCKS TK1773 1993 Ford F -250 21.41 PER HOUR TK3079 2003 Chevy S2500 P.U. 21.41 PER HOUR TK3790 2003 Dodge 1500 21.41 PER HOUR TK5855 2007 Ford F -150 XCAB 21.41 PER HOUR TK5856 2007 Ford F -150 XCAB 21.41 PER HOUR TK6800 1994 Ford F -250 21.41 PER HOUR TK7171 1997 Ford F -150 21.41 PER HOUR TK2437 2008 Dodge Ram 2500 Reg.Cab 24.43 PER HOUR TK3537 2000 Chevy 2500 PU 24.43 PER HOUR TK5098 1999 Chevy C2500 24.43 PER HOUR Plus 15% mark up V.ALVE`RDE CONSTR UCTION, MC. General Engineering Conlractars License Wo. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906 -1826 - FAX: (562) 906 -1918 July 15, 2009 City of Newport Beach Utilities Department Attn: Cindy Asher 300 Newport Blvd. Newport Beach, CA 9265& -8915 Re: Amendment to Professional Services Agreement Dear Ms. Asher: Valverde Construction Inc. is requesting to extend the Professional Services Agreement for another year to commence on July 1, 2009. New rate sheets are attached. Sincerely, VALVERDE CONSTRUCTION, INC. Edward Valverde President Enclosure Teamsters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Operator General Foreman $93.86 $97.59 $3.73 Operator Foreman $90.53 $94.25 $3.72 General Foreman $72.63 $73.77 $1.14 Foreman $70.96 $72.10 $1.14 Group 2 - 2 Axle $67.88 $69.02 $1.14 Group 3 - 3 Axle $68.09 $69.23 $1.14 Group 5 - Working Truck Driver $68.46 $69.60 $1.14 Group 6 -4 or More Axle $68.51 $69.65 $1.14 Group 9 - Lo -Bed $69.68 $70.82 $1.14 Group 12 - WTD Boom Truck Cert $71.73 $72.87 $1.14 Operating Engineers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Forman, Appdx. A $91.63 $95.11 $3.48 Forman, Appdx. A $88.29 $91.78 $3.49 Group 1- Appdx. A - Oiler $80.13 $83.62 $3.49 Group 2 - Appdx. A - Oiler $81.44 $84.92 $3.48 Group 8 - Appdx. A - Universal $84.96 $88.44 $3.48 Group 10- Appdx. A - Mechanic $85.16 $88.64 $3.48 Group 8, Appdx. B - Crane < 25 tons $85.44 $88.92 $3.48 Group 9, Appdx. B - Crane >25 tons $85.72 $89.21 $3.49 Apprentice, GR 8, Appdx A -STEP 6(90 %) $78.59 $81.82 $3.23 U.A. Pipefitters /Welders (Industrial) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $94.98 $97.71 $2.73 Foreman $89.09 $91.69 $2.60 Journeyman - Welder /Fitter $80.25 $82.63 $2.38 Apprentice - Fifth Year $67.68 $69.93 $2.25 SHORLINE (Local 250) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $93.31 $95.42 $2.11 Journeyman (Welder /Fitter) $90.31 $90.31 $0 Welder /Helper $50.30 $52.41 $2.11 Pre - Helper $29.96 $30.68 $.72 COMPRESSORS w /90 UB. Breaker, Clay Spade 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Compressor 125 -185 CFM $21 $21 $0 Compressor - Air, Portable (Per Day Rate) $104 $104 $0 CRANES 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Boom Truck - 8 Ton $33.75 $33.75 $0 Boom Truck -10 -11 Ton $48.75 $48.75 $0 Boom Truck -14 Ton $52.75 $52.75 $0 Boom Truck 23 -25 Ton $57.75 $57.75 $0 Crane - RT / 15 -18 Ton (or equivalent) $59.75 $59.75 $0 DOZERS / SIDEBOOMS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Dozer J D 450 $43.13 $43.13 $0 Sideboom CAT D -6 $57.13 $57.13 $0 Sideboom CAT D -7 $66.13 $66.13 $0 Sideboom CAT 561 $63.13 $63.13 $0 Sideboom CAT 572 $78.13 $78.13 $0 Sideboom JD 450 $41.13 $41.13 $0 FORKLIFTS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Forklift - Hyster 20,000 LB $34.88 $34.88 $0 Forklift - Lion 6,000 LB $22.88 $22.88 $0 LOADERS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Mini Skid Steer- Ditch Witch N/A $26.88 N/A Loader - Bobcat w/ Bucket $26.88 $26.88 $0 Loader- Bobcat w/ Sweeper $36.88 $36.88 $0 Loader- Bobcat w/ Grinder $56.88 $56.88 $0 Rubber Tire Loader - 544 JD $45.75 $45.75 $0 Rubber Tire Loader- 930 CAT $47.75 $47.75 $0 Rubber Tire Loader - 950 CAT $58.75 $58.75 $0 Rubber Tire Loader- 950E /F CAT $69.75 $69.75 $0 Rubber Tire Loader - 968 CAT $64.75 $64.75 $0 Skip loader - Case 580 / MF 40E / F 445 $31.88 $31.88 $0 MISCELLANEOUS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Boring Machine Hydraulic $25 $25 $0 Bore Machine Trailer $10 $10 $0 Tap Machine (Water lines 3 " -12 ") (per inch/ per day) $30 $30 $0 Tap Machine (Water lines up to 2 "(per inch/ per day) $20 $20 $0 WELDERS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 200 AMF —Truck Mounted $29.25 $29.25 $0 200 AMF, Skid Mounted or Trailer $16.25 $16.25 $0 Welder —Rig Rental Number 1 $29.25 $29.25 $0 Fabrication Shop & Equipment 1 $90 1 $90 $0 MISCELLANEOUS 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Additional 1 Torque Head for Hydraulic Torque Wrench $50 $50 $0 Air Hose 3/ x 50' $8 $8 $0 Air Saw $50 $50 $0 Air Tamper $35 $35 $0 Asphalt Spreader Bar $125 $125 $0 Barricades $2.50 $2.50 $0 Beveling Band 14 " -20" $75 $75 $0 Beveling Band 24 " -42" $100 $100 $0 Beveling Band 4 " -12" $50 $50 $0 Beveling Machine 14 " -20" $75 $75 $0 Beveling Machine 24 " -42" $100 $100 $0 Beveling Machine 4 " -12" $42.50 $42.50 $0 Boring Machine — Case Hydra $160 $160 $0 Bore Motor $10 $10 $0 Boring Machine 1 -%" & 1 3/" (Accu- punch) $15 $15 $0 Boring Machine 4 " -8" (Accu- punch) $25 $25 $0 Boring Machine 3%" (Accu- punch) $20 $20 $0 Buffer & Grinder $25 $25 $0 Builder Level —AC -2X Nikon $25 $25 $0 Cement Mixer $43 $43 $0 Chain Link Fence Panels $3 $3 $0 Chain Saw 16" (includes Blades) $50 $50 $0 Chipping Gun (Plus Steel) $35 $35 $0 Clay Spade (Plus Steel) $35 $35 $0 Cleaning Ball $10 $10 $0 Com -a -long / Chain $15 $15 $0 MISCELLANEOUS (cont'd) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Pipe Tongs (4 ", 6 ",10 ",12 ",16 ",18 ", 20 ") N/A $50 N/A Plywood % Replacement Cost $3 $3 $0 Pneumatic /Hydrau Torque Wrench $150 $150 $0 Portable Band Saw $35 $35 $0 Power Threader $85 $85 $0 Pressure Washer Trailer Mount. $160 $160 $0 Pump —Skid Mount Bentonite $107 $107 $0 Pump — Submersible $27 $27 $0 Rigid Roll Groover $30 $30 $0 Rivet Buster/ Ripping Gun $50 $50 $0 Rock Drill $35 $35 $0 Rock Separator — Grizzly $85 $85 $0 Rotary Hammer (Plus Steel) $50 $50 $0 Sandblaster — Unit (with accessories) $125 $125 $0 Sawza I I $15 $15 $0 Shoring Lumber 3" x 12" x 14" $3 $3 $0 Shoring Lumber 8" x 8" x 8" $3 $3 $0 Skill Saw (Includes Blades) $20 $20 $0 Tap Machine —T. D. Williamson(up to 3 ") $100 $100 $0 Tar Pot $50 $50 $0 Test Plug $10 $10 $0 Test Pump 200LB. -400 LB. Sprague $125 $125 $0 Test Pump 5,000 LB. Trailer Mounted $187 $187 $0 Test Pump High Pressure $125 $125 $0 Test Pump Portable 2001b $80 $80 $0 Testing Table $60 $60 $0 Traffic Cones $2.50 $2.50 $0 Transit — Theolite $35 $35 $0 Trench Box — 6'x10' $200 $200 $0 Trench Box - 4'x10' $130 $130 $0 Trench Jack (Screw) $4 $4 $0 Trench Jack (Hydraulic) $20 $20 $0 Trencher $125 $125 $0 Tri -Vise $25 $25 $0 Vibrator Plate $91 $91 $0 Walkie Talkies (Set of 2) $25 $25 $0 Water Hose 1 %" x 50' $6 $6 $0 Water Hose 2 %" x 50' $7.50 $7.50 $0 Water Pump 2" Portable $53 $53 $0 Water Pump 3" Portable $80 $80 $0 Equipment - Trucks - (cont'd) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 1997 Ford F -250 $25.18 $26.44 $1.26 2003 Ford F-350 +welder+ compressor $34.32 $36.04 $0 2008 Ford F-450 +welder+ compressor N/A $40.67 N/A 1997 Ford Super Duty Truck N/A $29.95 N/A 2003 Ford F-550 +welder+ compressor N/A $43.02 N/A 89' Ford 5 -6 Yard Dump Truck $42.53 $50.46 $7.93 97' Ford LT9513 10 Whl Dump Truck $55.71 $64.77 $9.06 87' GMC C7 5 -6 Yard Dump Truck $42.53 $50.46 $7.93 Trailer 2 Axle - 8 Tire $15.76 $16.24 $0.48 Equipment - Vibrator Plates 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Wacker $8.75 $8.75 $0 Multiquip $8.75 $8.75 $0 Wacker Diesel $8.75 $8.75 $0 Equipment - Water Trucks 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Ford 1800 Gallon Water Truck $40.65 $46.90 $6.25 Independent Wet Bore 2927 $25 $25 $0 I/R Wet Bore 44SL $25 $25 $0 3 " -12" Hot Tap Machine $25 $26.25 $1.25 Asphalt Zipper $80.43 $87.17 $6.74 Dynamation Gas Detector 929A $18.75 $18.75 $0 Lee Boy Tack Sprayer $18.75 $19.69 $0.94 Meco 35HP Concrete Saw $16.14 $17.70 $1.56 AP 25 Ventilation Blower $9.26 $9.26 $0 AP 12 Ventilation Blower $7.86 $7.86 $0 Lee Boy L150 Tack Sprayer $37.50 $39.38 $1.88 Arrow Hammer HJ125OR $7.03 $7.03 $0 Rivet Buster $6 $6 $0 Cones /Delineators $.035 Per Day /Ea $.035 Per Day /Ea $0 Powder Puff (60 lbs.) $4.75 $4.75 $0 Signs $4 Per Day $4 Per Day $0 90# Jackhammer $4.75 $4.75 $0 60# Jackhammer $4.75 $4.75 $0 Clay Spade $6.56 $6.56 $0 High Level Flag Tree $6 1 $6 $0 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION, COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 24th day of February, 2009, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, CA 90650 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 11 th, 2007, 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 August 31St, 2008. B. On July 22, 2008, City and Contractor entered into Amendment No. 1 to extend the term of the Agreement to December 31 st, 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. 1 and according to the Request to Extend On -Call Services Agreement dated December 31, 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 January 1, 2009, 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. 2 on the date first above written. APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: ov a, By. ' � '� bYVw Leilani Brown, City Clerk CITY OF NEWPORT A Municipal,C'ojporat LIM I EdwaM Selich, Mayor for the City of Newport Beach DOTY BROS. • • CO. Title: President Print Name: Chris Xfiri By: (Fingric '0K0fficer) Title: Treasurer Print Name: car1e,q rarcia Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates P", } EXHIBIT "A" - December 31, 2008 City of Newport Beach 949 West 16th Street Newport Beach, CA 9268 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 08/31/08 — 12/31/08 Subject: Labor Rates and Equipment Rates Ms. Asher: Thank you for taking the time to speak with me this morning with regard to our desire to continue our relationship with the City of Newport Beach. In response to lower fuel costs, we are pleased to pass along to our Customers revised Equipment Rates in reflection of current market conditions as applicable to all work performed under the terms of the above referenced Agreement. As mentioned in our letter dated July 6, 2008, please find enclosed Doty Bros. Equipment Co.'s ( "DBEC ") revised effective Equipment Rates. We respectfully request that in reflection of this event, you amend the Agreement which expires today, December 31, 2008. Also, as per our conversation, I understand that our Agreement will not lapse. Please note, these rates shall become effective immediately for work performed on and after January 1, 2009 through June 30, 2009. We will again be reviewing both the Labor and Equipment Rates at their respective times of expiration on June 30, 2009 and possibly revising at that time. Thank you in advance for your time and consideration. Please know that it remains our goal to bring our customer professional and quality services for a competitive price. We look forward to bringing you our quality workmanship and professional services whenever you contact us for our services. Should you have any questions, please feel free to contact our office. Sincerely, A0_11J4 �,—U4 Monad J. Titchenell Assistant Contracts Administrator cc: Phil Dennis Binny Patel contract file enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 ygl . l i .Okl 11 COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO JUNE 30, 2009 CRAt?SMAN /CLASS CODE rv+i- TIME vvcrc TIME UVUCrLt TIME PAY PAY STRAIGHT OVER DOUBLE CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 161.97 Operating Foreman COF 80.32 113.82 147.32 Foreman, Appdx. A OFM 88.29 121.79 155.29 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler OG1 80.13 109.56 138.98 Journeyman CJM 75.62 106.77 137.92 Group 2, Appdx. A - Oiler OG2 81.44 111.51 141.58 Shingler CSJ 75.83 107.09 138.35 Group 8, Appdx. A - Universal OG8 84.96 116.79 148.62 Apprentice - 8th Period (90`X-.) CAS 69,39 97.42 125.46 Group 10, Appdx. A -mechanic OGA 85.16 117.09 MILLWRIGHTS Group 8, Appdx. B - Crane < 25 Tons OB8 85.44 117.51 149.02 149.59 General Foreman CMG 86.46 123.03 159.60 Group 9, Appdx. B - Crane > 25 Tons OB9 85.72 117.94 150.16 Foreman Apprentice, Grp 8, Appdx A - Step 6 (90 %) OA6 78.59 107.24 135:89 CMF 81.45 115.52 149.59 Journeyman CMJ 76.45 108.02 139.58 Apprentice - 8th Period (95%) CM8 66.98 93.81 120.64 UA. PIPEF(TTERS/WELDERS INDUSTRIAL CEMENT MASONS General Foreman IGF 94.98 129.68 164.38 Foreman MFM 75.86 102.13 128.41 Foreman Journeyman - Welder /Fitter IFM IJM 89.09 121.02 152.94 Journeyman MJM 72.53 97.13 121.73 Apprentice - Fifth Year IA5 80.25 67.68 108.01 135.78 F &T Machine Operator MTO 72.94 97.76 122.57 92.67 117.65 Apprentice - 8th 6 Mos. (90 %) MA8 67.61 89.75 111.89 SHORTLINE (LOCAL 230) LABORERS Foreman SFM 93.31 129.90 163.68 Operator General Foreman LOG 88.76 123.93 159.10 Journeyman (Welder /Fitter) Welder Helper SJM 90.31 125.40 157.75 Operator Foreman LOF 85.43 118.93 152.43 Pre - Helper SWH 50.30 68.50 85.65 General Foreman LGF 71.35 97.81 124.28 SPH 29.96 41.02 52.08 Foreman LFM 69.68 95.31 120.94 Group 1 - General LG1 62.34 84.30 10626 Group 2 - Wrapper To 6' LG2 63.26 85.68 108.10 UTILITY Group 3- PTONVrapper> 5' LG3 64.18 87.05 109.93 Foreman UFM Group 4 - Pipe layer, C &S LG4 66.76 90.93 115.10 Weider 63.47 89.04 113.29 Group 5 - Blaster LG5 67.35 91.81 116.27 Joumeyman/Fuser UWD 61.21 82.85 104.48 Apprentice - 6th Period (85 %) LA6 51.63 72.42 93.22 Pipe Tradesman II UJM 52.57 70.31 88.04 UP2 40.22 51.89 63.57 TEAMSTERS ELECTRICIANS /INSIDE W(REMEN Operator General Foreman TOG 93.86 129.03 164.20 (Rates subject to project location & employee base location) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 136.91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman Group 2 - 2 Axle TFM TG2 70.96 94.68 118.40 Journeyman EJM 83.18 115.20 147.22 Group 3 3 Axle 67.88 90.05 112.23 Apprentice -10th Period (85 %) EAO 72.07 99.29 126.51 - TG3 68.09 90.38 112.66 Group 5 - Working Truck Driver TG5 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo -Bed TG9 69.68 92.76 115.83 Superintendent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cert TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.00 1day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. and are fUbb?1A' 1Q_change with0frwfice. This 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 86� -6052 www.dotybros.com �A Lie. 273024 r • c3�I J) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION, COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 22nd day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, CA 90650 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 11"', 2007, 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 August 3151, 2008. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to December 31, 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 July 6, 2008, attached hereto as Exhibit A. 2. Compenstaiton to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from September 1, 2008, to December 31, 2008, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to December 31, 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. .. Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: B:�o�/1, 4'e'z� Y LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municip orporatic(nn In Eftdrd Selich; ' Mayor for the City of Newport Beach DOTY BROS. CON R CTION CO. By: Title: -, Treasurer Print Name: Carlos Garcia By: _ iL Title: Sr. Vice President Print Name: _Henry- Barber Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f:\users\pbw\shared\agreements\fy 07-08\on-call services\Advanced Survey Amendment.doc DOTY BROS, Construction Company July 6, 2008 City of Newport Beach 949 West 16s' Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 09/11/07-08/31/08 Subject: Labor Rates and Equipment Rates Term: 09/01/08 — 08/31/09 Dear Cindy: EXHIEW Please find enclosed, Doty Bros. Equipment Co.'s Labor Rates and Equipment Rates per our previous email communications (May 28, 2008 and May 29, 2008). You had requested our current applicable rates in order to submit to the City Council with the amendment to the above referenced Agreement, requesting an extension to the current effective term. Thank you for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Exhibit "A ". We would like to bring your attention to the fact that this year our Equipment Rates are effective only through December 31, 2008. In the event that such increases are necessary we will be submitting to you a revised Equipment Rate sheet at that time. We respectfully request that in such event you amend the Agreement again at that time. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. Thank you in advance for your time and consideration. If you should have any questions please do not hesitate to call our office. Very truly yours, �r JO-77d X Sandy Dennis Contracts Manager cc: Phil Dennis Binny Patel contract file Enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 DOTY BOOS. EXHIBIT "B" Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 7 2008 TO JUNE 30 2009 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman fug scale rates. Billing rate for Apprentice wig be based on actual classification. Subsistence: $85.00/day Trawl Tim: Customer will be advised If travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one hag. Sundays and holidays shall be paid at double fine. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) tours on Saturday is time and one haft; all additional hours at double time except holidays which are at triple tune. Emergency "call outwork" -Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (Including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Moro, Orange. Poverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barham Island, Santa Rosa Island. Anscapa Island, Including the Channel Islands Monument. Rate Scale does not include San Diego County. r : to changg without n This rata sheet is not all Inclusive; additional classifications available N required. (v2.0) CA C.L. 024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 8646052 www.dotybros.coni CALic. 273024 PAY STRAIGHT OVER DOUBLE PAY STl%whrr OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME THE CARPENTERS OPERATING ENGINEERS General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 161.97 Operating Foreman COF 80.32 113.82 147.32 Foreman, AppdK. A OFM 88.29 121.79 156.29 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler OG1 80.13 109.56 138.98 Journeyman CJM 76.62 106.77 137.92 Group 2, Appdx. A - Oiler OW 81.44 111.51 141.56 Shinglar CSJ 75.83 107.09 138.35 Group 8, Appdx. A - Universal OG8 84.96 116.79 148.62 Apprentice - 8th Period (90%) CA8 69.39 97.42 125.46 Group 10, Appdx. A - Mechanic OGA 85.16 117.09 149.02 Group 8, Appdx. B - Crane < 25 Tans OB8 85.44 117.51 149.59 MILLWRIGH7S Group 9, Appmc. B - Crane > 25 Tons OB9 85.72 117.94 150.16 General Foreman CMG 86.46 123.03 159.60 Apprentice, Grp 6, Appdx A - Step 6(90%) OAS 78.59 10724 135.89 Foreman CMF 81.45 115.52 149.69 Journeyman CMJ 76.45 108.02 139.58 Apprentice - 81h Period (95%) CM8 66.98 93.81 120.64 U.A. PBrEFTITERSAVE IAERS INDUSTRIAL General Foreman IGF 94.98 129.68 164.38 CEMENT MASONS Foreman IFM 89.09 121.02 15294 Foreman MFM 75.86 102.13 128.41 Journeyman - WelderlFdter UM 80.25 108.01 135.78 Journeyman MJM 72.53 97.13 121.73 Apprentice - Fifth Year IA5 67.68 92.67 117.65 FST Machine Operator MTO 72.94 97.76 122.67 Apprentice - 8th 6 Mos. (90%) MA8 67.61 89.75 111.89 SHORTLINE (LOCAL 280) Foreman SFM 93.31 129.90 163.88 LABORERS Journeymen(Weidw/FBter) SJM 90.31 125.40 157.75 Operator General Foreman LOG 88.76 123.93 159.10 Welder Helper SWH 60.30 68.50 85.65 Operator Foreman LOF 85.43 11 &93 152.43 Pre- Helper SPH 29.96 41.02 52.08 General Foreman LGF 71.35 97.81 124.28 Foreman LFM 69.68 95.31 120.94 Group 1 - General LG1 62.34 84.30 106.26 Group 2 - Wrapper To 6' LG2 63.26 85.68 108.10 UTILITY Group 3 - PTOMmpper> 6" LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 113.29 Group 4 - Pipe layer, C&S LG4 66.76 90.93 115.10 Welder UWD 61.21 8285 104.48 Group 5- Blaster LG5 67.35 91.81 116.27 JoumsymanlFuser UJM 62.57 70.31 88.04 Apprentice .6th Period (85 %) LA6 51.63 72.42 93.22 Pipe Tradesmen 11 UP2 40.22 51.89 63.57 7E4MSTERS ELECTRICIANS / INSIDE INMEMEN Operator General Foreman TOG 93.86 129.03 164,20 (Rates subject to project location & employee base location) Operator Foreman TOF 90.63 124.03 157.53 General Foreman EGF 97.65 136,91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman TFM 70.96 94.68 11 &40 Journeyman EJM 83.18 115.20 147.22 Group 2 - 2 Axle TG2 67.88 90.06 112.23 Apprentice -10th Period (85 %) EAO 72.07 99.29 128.61 Group 3 - 3 Axle TG3 68.09 90.38 112.66 Group 5 - Working Truck Driver TG5 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.46 187.85 Group 9 -Loeed TG9 69.68 92.76 115.83 Superintendent MSP 95.40 130.02 167.93 Group 12- WTD BoomTrk Cad TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 108.37 142.70 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman fug scale rates. Billing rate for Apprentice wig be based on actual classification. Subsistence: $85.00/day Trawl Tim: Customer will be advised If travel time is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one hag. Sundays and holidays shall be paid at double fine. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) tours on Saturday is time and one haft; all additional hours at double time except holidays which are at triple tune. Emergency "call outwork" -Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (Including fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Moro, Orange. Poverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barham Island, Santa Rosa Island. Anscapa Island, Including the Channel Islands Monument. Rate Scale does not include San Diego County. r : to changg without n This rata sheet is not all Inclusive; additional classifications available N required. (v2.0) CA C.L. 024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 8646052 www.dotybros.coni CALic. 273024 DOTY BF%S. Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO DECEMBER 31, 2008 AUGER Aooassory - COMPACTION WHEEL EXECAVATOR Accessory - COMPACT WHEEL FICASEJD Accessory - HYDRAULIC BREAKER/ CASE & JD Accessory - VIBRATORY PLATE POWER BROOM - TRACTOR MOUNTED CC -135A ROCK WHEEL CASE 680 1J 310 CASE 590 CAT 300 -TRACK MOUNTED CAT 345 - TRACK MOUNTED CAT 416 JD 710 COMPACTION EQUIPMENT ARROW (HYDRO HAMMER) / STOMPER SHEEPS FOOT - Tow Behind (Vibrating) WACKERTAMPER ID# $ ROAD EQUIPMENT l2# COMPRESSOR -AIR PORTABLE (PER DAY RATE) � CRANES BOOM TRUCK - 8 TON Rate 37.50 BOOM TRUCK - 10 -11 TON $ 52,50 #1189 $ 20.00 CABLE DOLLY - ONE REEL (Trailer Mounted) BOOM TRUCK 23 - 25 TON $ 12.00 #1181 $ 40.00 CABLE DOLLY - THREE REEL ( Taator Mounted) FORKLIFTS FORKLIFT - HYSTER 20,000 LB $ 25.00 #1179 $ 20.00 FLASHING ARROWBOARD - (4 HR. MIN.) 30.60 $ 17.00 #1183 $ 50.00 GRADER -CAT 140 #R7791 $ 85.60 #1535 $ 40.00 GRINDER I COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ 235.00 #1085 $ 20.00 ROLLER - (RIDE ON) $ 30.00 #1313 $ 75.00 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 24.00 $ 41.75 ROLLER TRAILER $ 12.00 $ 43.75 TILT TRAILER #6386 $ 12.00 #4055 $ 117.60 TRENCHER TRAILER #6481 $ 12.00 #4072 $ 147.50 UTILITY TRAILER #8452 $ 12.00 #4147 $ 39.75 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 $ 47.75 ASPHALT PAVER - LEE BOY 1000D 91196 $ 117.00 CEMENT SAW - WALK BEHIND #1938 $ 34.00 $ 46.00 #1169 $ 16.00 #1860 $ 23.50 COMPRESSORS W190 LB BREAKER, CLAY SPADE & TAMPER $ 21.50 COMPRESSOR 125 -165 CFM COMPRESSOR -AIR PORTABLE (PER DAY RATE) #1808 $ 107.00 CRANES BOOM TRUCK - 8 TON #3647 $ 37.50 BOOM TRUCK - 10 -11 TON $ 52,50 BOOM TRUCK - 14 TON $ 56.50 BOOM TRUCK 23 - 25 TON #3308 $ 61.50 CRANE - FIT / 15-18 TON (or equivalent) $ 63.50 DOZERS I SIDEBOOMS #11841 $ 28.75 DOZER JD 450 #5078 $ 46.25 SIDEBOOM CAT D-6 $ 60.25 SIDEBOOM CAT D-7 #5063 $ 69.25 SIDEBOOM CAT 561 45045 $ 66.25 SIDEBOOM CAT 572 #5067 $ 81.25 SIDEBOOMJD450 $ 4425 FORKLIFTS FORKLIFT - HYSTER 20,000 LB #1203 $ 36.75 FORKLIFT - LION 6,000 LB #1204 $ 24,75 LOADERS LOADER - BOBCAT W1 BUCKET #11841 $ 28.75 LOADER - BOBCAT WI SWEEPER #1184: $ 38.75 LOADER - BOBCAT W/ GRINDER #11641 $ 58.75 RUBBER TIRE LOADER -544 JD #5086 $ 49.50 RUBBER TIRE LOADER - 930 CAT 95089 $ 51.50 RUBBER TIRE LOADER - 950 CAT #5087 $ 62.50 RUBBER TIRE LOADER - 950E/F CAT #5099 $ 7350 RUBBER TIRE LOADER -966 CAT #5070 $ 68.50 SKIPLOADER - CASE 6801 MF 40E / F 445 $ 33.75 2-3 TONL UBE TRUCK 5 Yard (Flat bed or Bobtail) Dump / 2J Ton Utility Truck BACK HOE MOVER TRUCK CEMENT TRUCK w/ mixer and compressor DUMPTRUCK 10WHEELER EQUIPMENT TRAILER - 20,000 LB EQUIPMENT TRAILER - 40,000 LB FLAT BED with LIFT FLAT BED with MVER / DUMP LOWBED TRAILER w/ tractor & move permit tees LOWSIDE END DUMP TRAILER W/ TRACTOR PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED PICK -UP - RENTAL NUMBER SERVICE TRUCK - MISC TOOLS NOT INCLUDED SERVICE VAN - MISC TOOLS NOT INCLUDED TEST PUMP TRUCK TEST TRAILER (Hyprosta6c) (#6549 & 6674) UTILITY VEHICLE (NON -HWY) WATER TRUCK - (1,500 -2,000 GALS.) WATER TRUCK - (3,500 GALS.) WINCH TRUCK #3450 $ 18.50 $ 26.00 S 23.50 #3338 S 52.50 $ 31.50 $ 14.00 $ 16.00 #3693 $ 25.50 #3392 S 52.50 #3456 $ 48.50 #3418 $ 45.50 $ 17.50 R7700 $ 17.50 $ 19.50 $ 17.50 #3401 $ 82.50 $ 32.00 $ 24.50 $ 32.50 #3464 $ 42.50 #3395 $ 32.50 MISCELLANEOUS BQARING MACHINE HYDRAULIC #1521 $ 25.00 BORE MACHINE TRAILER #6447 $ 10.00 TAP MACHINE (Water lines 3" ro 12 ") (Per inch / par day), #828 $ 30.00 TAP MACHINE (Water lines up to 2") (Per Inch I Per day) #820 $ 20.00 WELDERS 200 AMF -TRUCK MOUNTED $ 30.50 200 AMF, SKID MOUNTED or TRAILER $ 17.50 WELDER - RIG RENTAL NUMBER R7704 $ 30.60 FABRICATION SHOP & EQUIPMENT #101 $ 91.00 Pg ld2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lie. 273024 DOTY BSS Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO DECEMBER 31, 2008 MISCELLANEOUS lu MISCELLANEOUS MA DAILY DADAILY ADDITIONAL (1) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $ 25.00 AIR HOSE 314'X50' #870 $ 8.00 PIPE LOCATOR- METROTECH #1935 $ 40.00 AIR SAW #857 S 50.00 PIPE PUSHER / GRUNDORAM - HERCULE #1939 $ 600.00 AIR TAMPER #859 $ 35.00 PLYWOOD I/3 REPLACEMENT COST #897 $ 3.00 ASPHALT SPREADER BAR #1193 $ 125.00 PNEUMATIC/HYDRAU TORQUE WRENCH #3090 $ 150.00 BARRICADES #880 $ 2.50 PORTABLE BAND SAW #860 $ 35.00 BEVELING BAND I4 " -20' #833 $ 75.00 POWER THREADER #853 $ 85.00 BEVELING BAND 24 "-42' #834 $ 100.00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160.00 BEVELING BAND 4' -12" #832 $ 50.00 PUMP - SKID MOUNT BENTONITE #1166 $ 107.00 BEVELING MACHINE I4' -20" #830 $ 75.00 PUMP - SUBMERSIBLE #861 $ 27.00 BEVELING MACHINE 24'-42' #831 $ 100.00 RIGID ROLL GROOVER (#873 818561 $ 30.00 BEVELING MACHINE 4 " -12" #829 $ 42.50 RIVET BUSTER RIPPING GUN #869 $ 50.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 ROCK DRILL (Plus Steel) #865 $ 35.00 BORE MOTOR #854 $ 10.00 ROCK SEPARATOR - GRIZZLY #1811 $ 85.00 BORING MACHINE 1-1/2"& 13/4" (Attu - punch) #1178 $ 15.00 ROTARY HAMMER (Plus Steel) #852 $ 50.00 BORING MACHINE 4 " -8' (AocuHwnch) 01520 $ 25.00 SANDBLASTER - UNIT (with accessories) #1175 $ 125.00 BORING MACHINE 3-1/2" (Aocu- punch) #1177 $ 20.00 SAWZALL #874 $ 15.00 BUFFER&GRINDER #836 $ 25.00 SHORING LUMBER 3"X 12"X 14' (In REPLACE NTCOS1I#895 $ 3.00 BUILDER LEVEL - AC-2X NIKON #845 $ 25.00 SHORING LUMBER 9"X 8" X 8' (113 REPLACEFENTC08T1 #896 $ 3.00 CEMENT MD(ER $ 43.00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN LINK FENCE PANELS #848 $ 3.00 TAP MACHINE- T.D. WILLIAMSON(UP TO 3") #827 $ 100.00 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAR POT #862 $ 50.00 CHIPPING GUN (Plus Steel) #868 $ 35.00 TEST PLUG #892 $ 10.00 CLAY SPADE (Plus Steel) #866 $ 35.00 TEST PUMP 200 LS.-400 LB. SPRAGUE #1815 $ 125.00 CLEANING BALL #890 $ 10.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 COM- A-LONG / CHAIN #886 $ 15.00 TEST PUMP High Pressure #1940 $ 125.00 CONCRETE FINSHER #1823 $ 125.00 TEST PUMP Portable 200lb (#816&081,A $ 80.00 CONCRETE VIBRATOR #891 $ 40.00 TESTING TABLE #1834 $ 60.00 CONSTRUCTION SIGNS #882 $ 4.00 TRAFFIC CONES #881 $ 2.50 CROSSING PLATES #878 $ 6.25 TRANSIT - THEOLTTE #8450 $ 35.00 CUT OFF / CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRENCH BOX - 6'X 10' #1910 $ 2011.00 DEAD WEIGHT TESTER $ 60.00 TRENCH BOX - 4' X 10' #1909 $ 130.00 DELINEATORS #879 $ 2.50 TRENCH JACK (SCREW) #877 $ 4.00 DRILL MOTOR 1/2' #811 $ 20.00 TRENCH JACK (HYDRAULIC) #876 $ 20.00 DRILL MOTOR 314' #812 $ 25.00 TRENCHER #1160 $ 125.00 DRY ROD OVEN - PORTABLE #813 $ 25.00 TRI-VISE #884 $ 25.00 DUCT ROD #855 S 30.00 VIBRATOR PLATE $ 91.00 EMULSION POT SPRAYER $ 60.00 WALKIE TALKIES (SET OF 2) #893 $ 25.00 FLOODLIGHT TRAILER (MERCURY VAPOR LIGHTS) $ 125.00 WATER HOSE 1 1/2"X 50' 071 $ 6.00 FLOW LINER #841 $ 25.00 WATER HOSE 2112'X50' #872 $ 7.50 FUSION MACHINE 4-12" Macelroy #3095 $200.00 WATER PUMP 2" Portable #1831 $ 53.00 GENERATOR (3.5 -5KW) #1807 $ 53.00 WATER PUMP 3' Portable #1832 $ 80.00 HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 60.00 HEATER #815 $ 25.00 WHALERS HYDRAULIC 91894 $ 300.00 HOLIDAY DETECTOR #838 $ 25.00 WINCHIOTON(GRUNDO) #6042 $ 300.00 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25,00 IMPACT GUN 12" #821 $ 15.00 DAILY IMPACT GUN 314' #822 $ 20.00 SAFETY AND HAZMAT EQUIPMENT gig IMPACT WRENCH 1" #664 $ 35.00 EXPLOSIMETER #844 $ 50.00 LADDER #875 S 10.00 4 WAY GAS MONITOR #921 $ 100.00 LASER LEVEL #8458 $ 75.00 MULTI -GAS DETECTOR / PID #914 $ 100.00 LEAF BLOWER #824 $ 25.00 AIR SUPPLY UNIT #922 $ 50.00 LIGHT STAND #849 $ 15.00 ESCAPE AIR PACK #918 $ 25.00 MANHOLE BLOWER #840 $ 43.00 H2S MONITOR #920 $ 15.00 PAVEMENT BREAKER /JACKHAMMER #867 $ 35.00 HAZMAT SUIT -TYVEK #912 $ 8.00 PIPE BENDER 5' GREENLEE #1885 $ 100.00 HAZMAT TRAILER #6648 $ 20.00 PIPE BENDER MACHINE 6.20" (Plus shoes/frelpht per day) #1082 $ 400.00 RESPERATOR - HALF/FULL MASK #911 $ 5.00 PIPE BENDER SHOES /1082 BENDER #1190 $1165.00WEEKLY SCBA -self contained #916 $ 40.00 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 SCBA cylinder - extra #917 $ 25.00 PIPE CUTTER LINEUP CLAMP 16 "-36" #839 $ 50.00 TRIPOD WITH WINCH 9913 $ 100.100 PIPE CUTTER LINEUP CLAMP 8'-14' #851 $ 25.0D Pp2d2 11232 E. Firestone Blvd„ Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 0 0 CITY OF NEWPORT BEACH `uu CITY COUNCIL STAFF REPORT Agenda Item No. 12 tj July 22, 200 ?� n TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL '' // 7T FROM: Utilities Department Steve Myrter, Utilities Director 949 - 718 -3400 or smvrter citv.newport- beach.ca.us SUBJECT: APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS WITH DOTY BROS. CONSTRUCTION COMPANY AND VALVERDE CONSTRUCTION, INC. RECOMMENDATIONS: 1. Approve Amendment No. 1 with Doty Bros. Construction Company, for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 1 with Valverde Construction, Inc. 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 Professional Services Agreement (PSA) with Doty Bros. Construction Company (Doty Bros.) and on November 13, 2007, the City Council approved a PSA with Valverde Construction, Inc. to provide as needed on -call underground utility repair services. The proposed revisions to each PSA, as detailed in Amendment No. 1, are summarized below: Amendment No. 1 to the PSA with Doty Bros. incorporates a revised labor rate billing sheet based on their current labor union contracts which are renewed annually in June. This amendment also extends the term of the PSA until December 31, 2008. Doty Bros. has informed the Department that due to the volatility in fuel and material prices they would be unable to guarantee prices beyond a 6 month period. Amendment No. 1 to the PSA with Valverde Construction, Inc. incorporates a revised labor rate billing sheet based on their current labor union contracts which are renewed annually in June. This amendment also extends the term of the PSA until June 30, 2009. Onderground Repair Services — AppToval of Amendments No. 1 On -Call Professional Service Agreements July 22, 2008 Page 2 The scope of work for the on -call professional service agreements being amended 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. 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 exceeding $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: ll Cindy Asher Administrafiv&Manager Submitted by: Steve Myrter Utilities Director Attachments: Amendment No. 1 with Doty Bros. Construction Company Amendment No. 1 with Valverde Construction, Inc. • 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION, COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 22nd day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City ") and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, CA 90650 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 11"', 2007, 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 August 31St, 2008. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to December 31, 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 July 6, 2008, attached hereto as Exhibit A. 2. Compenstaiton to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from. September 1, 2008, to December 31, 2008, shall be based on the attached Schedule of Billing Rates (Exhibit B). 3. The term of the Agreement shall be extended to December 31, 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. Ll E 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: LO LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Edward Selich, Mayor for the City of Newport Beach DOTY BROS. CONSTRUCTION CO. By: Title: President . Print Name: (Financial Officer) Title: Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f. \users \pbw\shared\agreements\fy 07 -081on -call services\Advanced Survey Amendment.doc .®Oil' BROS, ' Construction Company July 6, 2008 City of Newport Beach 949 West 16'e Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 09/11/07-08/31/08 Subject: Labor Rates and Equipment Rates Term: 09/01/08-08/31/09 Dear Cindy: REM' Please find enclosed, Doty Bros. Equipment Co.'s Labor Rates and Equipment Rates per our previous email communications (May 28, 2008 and May 29, 2008). You had requested our current applicable rates in order to submit to the City Council with the amendment to the above referenced Agreement, requesting an extension to the current effective term. Thank you for your patience and understanding as we completed integration of the labor agreement rate modifications into the current rate schedules. As you are aware, Doty Bros. Equipment Co. is a union signatory contractor therefore in compliance with its current labor agreements, these rates are now effective and applicable to us. Therefore, we respectfully request your prompt acceptance by issuance of a revised Exhibit "A ". We would like to bring your attention to the fact that this year our Equipment Rates are effective only through December 31, 2008. In the event that such increases are necessary we will be submitting to you a revised Equipment Rate sheet at that time. We respectfully request that in such event you amend the Agreement again at that time. Please know that it remains our goal to bring our customers professional and quality services for a competitive price. Thank you in advance for your time and consideration. If you should have any questions please do not hesitate to call our office. Very truly yours, c3�y7c�cL � >z -�-1_Z Sandy Dennis 1 Contracts Manager cc: Phil Dennis Binny Patel contract file Enclosures 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 8646052 www.dotybros.com CA Lie. 273024 DOTY B EXHIBIT "B" Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO JUNE 30, 2009 TEAMSTERS PAY STRAIGNT' OVER DOUBLE ELECTRICIANS /INSIDE WIREMEN PAY STRAIGHT OVER DOUBLE CRAFTSMANICLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS 90.53 124.03 157.53 General Foreman OPERATING ENGINEERS 97.65 13&91 176.17 General Foreman General Foreman CGF 85.62 121.78 157.93 General Foreman, Appdx. A OGF 91.63 126.80 '161.97 Foreman Operating COF 80.32 113.82 147.32 Foreman, Appdx A OFM 88.29 121.79 15529 Foreman CFM 80.62 114.27 147.92 Group 1, Appdx. A - Oiler OG1 80.13 109.56 13&98 Journeyman CJM 75.62 106.77 137.92 Group 2, Appdx. A - OAW OG2 81.44 111.51 14158 Shingler CSJ 75.83 107.09 138.35 Group 8, Appdx. A - Universal OG8 64.96 116.79 14&62 Apprentice - 8th Period (90%) CAB 69.39 97.42 125.46 Group 10, Appdx. A - Mechanic OGA 85.16 117.09 149.02 TG9 69.68 92.76 115.83 Superintendent Group & Appdx. B - Came c 25 Tons OB8 85.44 117.51 149.59 MILLWRIGHTS 71.73 95.83 119.94 Project Engineer Gm up 9, Appdx. B - Crane > 25 Tons 089 85.72 117.94 150.16 General Foreman CMG 86.46 123.03 159.60 Apprentice Grp 8, Appdx A- Step 6 (90%) OA6 78.59 107.24 135.89 Foreman CMF 81.45 11552 149.59 Journeyman CIA) 76.45 108.02 139.68 ApprenBce - 8th Period (95 %) CM8 66.98 93.81 120.64 UA. PIPEFITTERSAVELDERS INDUSTRIAL General Foreman IGF 94.98 129.68 164.38 CEMENT MASONS Foreman IFM 89.09 121.02 152.94 Foreman MFM 75.86 10213 128.41 Journeyman - WeklerlFiher UM 80.25 108,01 135.78 Journeyman MJM 7253 97.13 121.73 Apprentice - Filth Year IAS 67.68 92.67 117.65 F &T Machine Operator MTO 7294 97.76 122.57 Apprentice - 8th 6 Mos. (90%) MA8 _ 67.61 89.75 111.89 SHORTLINE (LOCAL 250) Foreman SFM 93.31 129.90 163.68 LABORERS Janneyman(WelderlFther) SJM 90.31 125.40 157.75 Operator General Foreman LOG 88.76 123.93 159.10 Weider Helper SWH 50.30 6 &50 85.66 Operator Foreman LOF 85.43 118.93 15243 pre - Helper SPH 29.96 41.02 52.08 General Foreman LGF 71.35 97.81 124.28 Foreman LFM 69.68 95.31 120.94 Group 1 - General LG1 .6234 84.30 10626 Grow 2 - Wrapper To 6' LG2 63.26 85.68 108.10 UTRJTY Group 3 - PTOIWrapper> 6" LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 113.29 Group 4- Pipe layer. C&S LG4 66.76 90.93 115.10 Welder UWD 6121 82.85 104.48 Group 5 - Blaster LG5 67.35 91.81 11 &27 JoumeymanlFuser UJM 52.57 70.31 88.06 Apprentice - 6th Period (85 %) L46 51.63 72.42 93.22 Pipe Tradesman II UP2 4022 51.89 6157 TEAMSTERS ELECTRICIANS /INSIDE WIREMEN Operator General Foreman TOG 93,86 129.03 16420 (Rates Subject to Project location 6 employee We w AtIon) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 13&91 176.17 General Foreman TGF 72.63 97.18 121.74 Foreman EFM 90.42 126,06 161.70 Foreman TFM 70.96 94.68 11 &4o .b rrreyman EJM 83.18 115.20 147.22 Group 2 - 2 Axle TG2 67.88 90.06 112.23 Apprentice - 10th Period (85 %) EAO 72.07 99.29 126.51 Group 3 - 3 Axle TG3 68.09 90.38 11266 Group 5 - Working Truck Drhmr TG5 68.46 90.93 113.40 PROJECT MANAGEMENT Group 6 - 4 or More Axle TG6 68.51 91.00 113.50 Project Manager MPM 106.33 145.45 187.85 Group 9 - Lo-Bed TG9 69.68 92.76 115.83 Superintendent MSP 95.49 130.02 167.93 Group 12 - WTD BoomTrk Can TBT 71.73 95.83 119.94 Project Engineer MPE 74.04 10&37 142.70 Apprentice Rates: Apprentice rotes as fisted above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Subsistence: $85.001day Travel' Time: Customer will be advised A travel lime is applicable Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular shill, and first twelve (12) hours on Saturday is time and one hall, all additional hours at double time except holidays which are at triple time. Emergency "call out work" - Four (4) hour minimum for labor and equipment. Markup: Material, subcontractors, subsistence, and outside rentals (Including fuel costs), VA) be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southom California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Venture. Santa Barbara, San Luis Obispo. Kern and In addition: Richardson Rock, Santa Cm¢ island, Arch Rock San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara [Wand, Santa Rosa Island, Anacapa Wand including the Channel Islands Monument. Rata Scale does not Include San Diego County. T ea change without noftlL.This rate sheet is not all inclusive; additional classlficatlons available if required. (v2.0) CA C.L. 273024 11232 E. Firestone B)V(L, Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.coln CALic. 273024 DOTY B s® ! Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1 2008 TO DECEMBER 31 2008 BACK HOES AUGER Acoessory- COMPACTION WHEEL EXECAVATOR Accessory - COMPACT WHEEL F /CASEJD Accessory - HYDRAULIC BREAKER / CASE d JD Accessory - VIBRATORY PLATE POWER BROOM - TRACTOR MOUNTED CC -135A ROCK WHEEL CASE 680 /JD 310 CASE 590 CAT 300 -TRACK MOUNTED CAT 345 - TRACK MOUNTED CAT 416 JD 710 COMPACTION EQUIPMENT ARROW (HYDRO HAMMER) / STOMPER SHEEPS FOOT- Tow Befdnd Mrafpg) WACKER TAMPER ID # � ROAD EQUIPMENT lu Hourly 21.50 COMPRESSOR - AIR PORTABLE (PER DAY RATE) #1808 $ 107.00 CRANES BOOM TRUCK - 8 TON #3647 $ #1189 $ 20.00 CABLE DOLLY - ONE REEL (Tractor Mounted) 52,50 $ 12.00 #1181 $ 40.00 CABLE DOLLY - THREE REEL (Trailor Mounted) 61.50 $ 25.00 #1179 $ 20.00 FLASHING ARROWBOARD - (4 HR. MIN.) 24.75 $ 17.00 #1183 $ 50.00 GRADER- CAT140 #87791 $ 85.50 #1535 $ 40.00 GRINDER l COLD PLANER (BRELLI) - (4 HR. MIN.) #1187 $ 235.00 #1085 $ 20.00 ROLLER - (RIDE ON) $ 30.00 #1313 $ 75.00 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 24.00 $ 41.75 ROLLER TRAILER $ 12.00 $ 43.75 TILT TRAILER 46366 $ 12.00 #4055 $ 117.50 TRENCHER TRAILER #8481 $ 12.00 #4072 $ 147.50 UrLRYTRALER #6452 $ 12.00 94147 $ 39.75 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 $ 47.75 ASPHALT PAVER -LEE BOY 1000D #1196 $ 117.00 CEMENT SAW -WALK BEHIND #1938 $ 34.00 $ 46.00 91169 $ 16.00 91860 $ 23.50 COMPRESSORS WI90 LB BRF_erccR CI aY SPAOE d TAMPER #11841 $ 28.75 COMPRESSOR 125 -185 CFM $ 21.50 COMPRESSOR - AIR PORTABLE (PER DAY RATE) #1808 $ 107.00 CRANES BOOM TRUCK - 8 TON #3647 $ 37.50 BOOM TRUCK - 10 -11 TON $ 52,50 BOOM TRUCK - 14 TON $ 56.50 BOOM TRUCK 23 - 25 TON #3308 $ 61.50 CRANE -RT 115-18 TON (or equivalent) $ 63.50 DOZERS I SIDEBOOMS #11841 $ 28.75 DOZER JD 450 #8078 $ 4625 SIDEBOOM CAT D£ $ 60.25 SIDEBOOM CAT 0-7 #5063 $ 69.25 SIDEBOOM GAT 561 #5045 $ 6625 SIDEBOOM GAT 572 #5067 $ 8125 StOEBOOM JD 450 $ 4425 FORKL�TS FORKLIFT - HYSTER 20,000 LS #1203 $ 36.75 FORKLIFT - LION 6,000 LB #1204 $ 24.75 LOADERS LOADER - BOBCAT Wt BUCKET #11841 $ 28.75 LOADER - BOBCAT WI SWEEPER #1180.$ 38.75 LOADER - BOBCAT WI GRINDER 91184( $ 58.75 RUBBER TIRE LOADER - 544 JD #5088 $ 49.50 RUBBER TIRE LOADER -930 CAT #5089 $ 51.50 RUBBER TIRE LOADER -950 CAT #5087 $ 62.50 RUBBER TIRE LOADER - 9WEIF CAT #6099 $ 73.50 RUBBER TIRE LOADER - 966 CAT #5070 $ 68.50 SKIPLOADER - CASE 580 / MF 40E I F 445 $ 33.75 22-33 TONS LUBE TRUCK 5 Yard (Flat bed or Bobtail) Dump 12-3 Ton Utility Truck BACK HOE MOVER TRUCK CEMENT TRUCK vd mixer and compressor DUMP TRUCK 10 WHEELER EQUIPMENT TRAILER - 20;000 LS EQUIPMENT TRAILER - 40,000 LB FLAT BED with LIT FLAT BED with MIXER / DUMP LOWBED TRAILER w/ tractor d move pemdt fees LOWSIDE END DUMP TRAILER W/ TRACTOR PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED PICK -UP - RENTAL NUMBER SERVICE TRUCK - MISC TOOLS NOT INCLUDED SERVICE VAN - MISC TOOLS NOT INCLUDED TEST PUMP TRUCK TEST TRAILER (Hyprostaltc) (#6549 d 6674) UTILITY VEHICLE (NONdHWY) WATER TRUCK - (1,500 -2,000 GALS.) WATER TRUCK - (3,50(1 GALS.) WINCH TRUCK #3450 $ 18.50 $ 26.00 $ 23.50 #3338 $ 52.50 $ 31.50 $ 14.00 $ 16.00 #3693 $ 25.50 #3392. $ 52.50 #3456 $ 48.50 #3418 $ 45.50 $ 17.50 R7700 $ 17.50 $ 19.50 $ 17.50 #3401 $ 82.50 $ 32.00 $ 24.50 $ 32.50 #3464 $ 42.50 #3395 $ 32.50 MISCELLANEOUS BOARING MACHINE HYDRAULIC #1521 $ 25.00 BORE MACHINE TRAILER #6417 $ 10.00 TAP MACHINE (Water fines 3" lo tY) (Per inch 1 per day) #828 $ 30.00 TAP MACHINE (Water lines up to 2') (Per inch 1 Per day) #820 $ 20.00 WELDERS 200 AMF- TRUCK MOUNTED $ 30.50 200 AMF, SKID MOUNTED or TRAILER $ 17.50 WELDER - RIG RENTAL NUMBER R7704 $ 30.50 FABRICATION SHOP d EQUIPMENT #101 $ 91.00 P"I f2 11232E.. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 8646566 Fax: (562) 864 -6052 www.dotybros.com CA Lie. 273024 DOTY D Sm ' Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1 2008 TO DECEMBER 31 2008 MISCELLANEOUS ID# DAILY MISCELLANEOUS DAILY ADDfnONAL0) TORQUE HEAD FOR HYDRAULIC TORQUE WRENCH #3091 $ 50.00 PIPE LOCATOR #843 $X25.00 AIR HOSE 3/4"X50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 $ 40.00 AIR SAW AIR TAMPER #867 $ 50.00 PIPE PUSHER / GRUNDORAM - HERCULE #1939 $ 600.00 ASPHALT SPREADER BAR 9859 $ 35.00 PLYWOOD 113 REPLACEMENT COST #897 $ 3.00 BARRICADES #1193 $ 125.00 PNEUMATICIHYDRAU TORQUE WRENCH #3090 $ 150.00 BEVELING BAND I4' -20' #880 $ 250 PORTABLE BAND SAW #880 $ 36,00 BEVELING BAND 24'42' #833 $ 75.00 POWER THREADER #853 $ 85,00 BEVELING BAND #834 $ 100,00 PRESSURE WASHER TRAILER MOUNT. #6941 $ 160,00 BEVELING MACHINE MACHINE 1 "-20' #832 $ 50.00 PUMP - SKID MOUNT SENTON7TE #1166 $ 107.00 BEVELING MACHINE 24 #830 $ 75.00 PUMP - SUBMERSIBLE #861 $ 27.00 4* -12" BEVELING MACHINE 4' -12' #831 $ 100.00 RIGID ROLL GROOVER 1#873 & Ill $ 30.00 BORING MACHINE - CASE HYDRA #829 $ 42.50 RIVET BUSTER /RIPPING GUN #869 $ 50,00 BORE MOTOR #1092 $ 160.00 ROCK DRILL (Plus Steel) #865 $ 35.00 BORING MACHINE 1 -112" & 1 314' (Accu- punch) #854 41178 $ $ 10.00 15.00 ROCK SEPARATOR- GRIZZLY ROTARY HAMMER (Plus Stee) #1811 #SU $ $ 85.00 BORING MACHINE 4' -8" (Aeeu- punch) #1520 $ 25.00 SANDBLASTER - UNIT accessories) #1175 $ 50.00 125.00 BORING MACHINE 3-111' (Aecujyu ) #1177 $ 20.00 SAWZALL #874 $ 15.00 BUFFER & GRINDER BUILDER LEVEL -AG2X NIKON #836 $ 25,00 SHORING LUMBER 3"X 12' X 14' fw REPLACEuENrcosn #895 $ 3.00 CEMENT CEMENT MDfER #845 $ 25.00 SHORING LUMBER W X 8" X 8' - rtlJ REFIAcElz f COsn #896 $ 3.00 CHAIN LINK FENCE PANELS $ 43,00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN SAW 16" (INCLUDES BLADES) #846 $ 3.00 TAP MACHINE -T.D. WILLIAMSON (UP TO 3-) #827 $ 100.00 CHIPPING GUN (Plus Steel) #850 #868 $ $ 50.00 35.00 TAR POT TEST PLUG #862 #892 $ $ 50.00 10.00 CLAY SPADE (Plus Steel) CLEANING BALL #866 $ 35.00 TEST PUMP 200 LB.400 LB. SPRAGUE #1815 $ 125.00 COM- A4_ONG /CHAIN #890 $ 10.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 CONCRETE FINSHER #886 $ 15.00 TEST PUMP High Pressure #1940 $ 125.00 CONCRETE VIBRATOR #1823 $ 125.00 TEST PUMP Portable 20011) 0816 & #81T $ 80.00 CONSTRUCTION SIGNS #891 #882 $ 40,00 TESTING TABLE #1834 $ 60.00 CROSSING PLATES #878 $ $ 4.00 625 TRAFFIC CONES TRANSIT - THEOLITE #881 #8450 $ $ 2.50 35,00 CUT OFF / CHOP SAW (INCLUDES BLADES) #810 $ 53,00 TRENCH BOX - 6'X 10' 91410 $ 200.00 DEAD WEIGHT TESTER DELINEATORS $ 60.00 TRENCH BOX- 4' X 10' #1909 $ 130 -00 DRILL MOTOR 1/2' #879 $ 2.50 TRENCH JACK (SCREW) #877 $ 4.00 DRILL MOTOR 3(4' #811 $ 20.00 TRENCH JACK (HYDRAULIC) #876 $ 20,00 DRY ROD OVEN - PORTABLE #812 #813 $ $ 25,00 25.00 TRENCHER TRI #1160 $ 125.00 DUCT ROD #855 $ 30.00 -VISE VIBRATOR PLATE #884 $ $ 25,00 91.00 EMULSION POT SPRAYER $ 6040 WALKIE TALKIES (SET OF 2) #893 $ 25.00 FLOODLIGHT TRAALER (MERCURY VAPOR UGNTS) $ 125.00 WATER HOSE 1 1/2" X 50' #871 $ 6.00 FLOW LINER FUSION MACHINE 4-12" Macelmy #841 $ 25.00 WATERHOSE 21fYX50' #872 $ 7.50 GENERATOR (3.5 - 5 KIN) #3095 $200.00 WATER PUMP 2" Portable #1831 $ 53.00 HEAT TRACER #1807 $ 5300 WATER PUMP 3' Portable #1832 $ 80.00 HEATER #814 $ 25.00 WEEDEATER #116 $ 50.00 HOLIDAY DETECTOR #816 $ 25.00 WHALERS HYDRAULIC #1894 $ 300.00 HYDRAULIC STAR CUTTER #838 $ 25,00 WINCH 10 TON (GRUNDO) #6042 $ 300.00 #889 $ 10000 IMPACT GUN 1" #819 $ 25.00 IMPACT GUN 112" #821 $ 15.00 DAILY IMPACT GUN 314' #822 $ 20,00 SAFETY AND HAZMAT EQUIPMENT au IMPACT WRENCH 1' #864 $ 35.00 EXPLOSIMETER 844 #w $ 50.00 LASER LEVEL #875 $ 10.00 4WAY GAS MONITOR 9921 $ 100.00 LEAF BLOWER #8456 $ 75.00 MULTIGAS DETECTOR /PID #914 $ 100.00 LIGHT STAB #824 $ 25.00 AIR SUPPLY UNIT #922 $ 50,00 MA MANHOLE BLOWER #849 $ 15.00 ESCAPE AIR PACK #918 $ 25.00 PAVEMENT BREAKER E N JACKHAMMER #840 #867 $ $ 43.00 35.00 H2S MONITOR #920 $ moo IP E PIPE BENDER 5' GREENLEE E " GREE #1885 $ 100.00 HAZMAT SUIT - TYVEK HAZMAT TRAILER #912 #6648 $ $ 8.00 20,00 PIPE BENDER MACHINE 8.20' (Plus shoesRreipht per day) #1082 $ 400.00 RESPERATOR - HALFIFULL MASK #911 $ 5.00 PIPE BENDER. SHOES 11082 BENDER #1190 $1165.80 WEEKLY SCBA -sell contained #916 $ 40.00 PPE CUTTER - RIDGID SOIL #885 $ 15.00 SCBA cylinder - wdra #917 $ 25.00 PPE CUTTER LINEUP CLAMP 16' -36" #839 $ 50,00 TRIPOD WITH WINCH 9913 $ 100:00 PIPE CUTTER LINEUP CLAMP 8' -14" #851 $ 2500 P" 2a2 11232E. Firestone Blvd., Norwak CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 0 9 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. FOR OWCALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 22nd day of July, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and VALVERDE CONSTRUCTION, INC., a California corporation whose address is 10918 Shoemaker Avenue, Santa Fe Springs, California 90670 ( "Contractor"), and is made with reference to the following: RECITALS A. On November 13th, 2007, 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 30, 2008. B. City desires to enter into this Amendment No. 1 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. 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 May 29, 2008, attached hereto as Exhibit.A. 2. Compenstaiton to the Contractor for services performed pursuant to this Amendment No. 1 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: c 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 VALVERDE CONSTRUCTION, INC. am Title: President Print Name: in (Financial Officer) Title: Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f . \users\pbw\shared\agreements \fy 07 -o8bn -call services\Advanced Survey Amendment.doc 12:24 VRL DE CONNSTRLICTION 4 19496465204 • VALVERDE CONSTRUCTION, INC. Gewra! Engineering Conr<aerars Lipanee No_ ZM40 10818 SHOEMAKER AVE. SANTA FE SPRINGS, CA 80670 (562) 906-1826 • FAX: (562) 906 -1918 May 29, 2008 Mr. Steve Myrter Utilities Director City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92656 Re_ Professional Service Agreement — Utility Repair Services Dear Mr. Myrter: 1 � )I 1\ Valverde Construction, Inc. is requesting to extend the Professional Service Agreement for another year to commence on July 1, 2008. New rate sheets are attached. Yours Tndy, VALVERDE CONSTRUCTION, INC. Edward Valverde President Enclosure VALVERDE CONSTRUCTION INC. LABOR RATES 711108-6130109 Rate ® CARP CMF LAPt tAP2 LAPS LCF2 1A LGF1 LGF3 LG1 CARPENTER n1en1 Masons LA 0 RAPPR ICEISTPERIOD BORERAPPRENTICE 2N PER OD BORER PRE CE 3R0 PERIOD BO ER APPR CE 4TH PERI00 LABORER APPRENTICE 57H PERIOD ORER APPR APPRENTICE 61'Fi PERIOD LabarerFomman a la borer FOREMAN 1A ORTIZ CARREO rer FOREMAN 1 VINA FORE N 3 J.R. MONO GEN. LABORER GROUP 1 GE LABORER GROUP 2 GROUP 2A J. n' tea PiPELAYER GROUP 4 P PELAYER GROUP 5 GROUP 10C Mike Valverde GROUP 1Oft Ahmn Valverde GROUPS G OUP 8 GROUP 9 We !awls GEN. FOR San Diego - R.Ro I F (Wayne ' F R N(B.DOSEH7 Teamster TRUCK DR R SPECIAL 7eamstarTRUCK DRIVER BASE PAY 37,35 29.0 14.67 16.13 17. 20.53 23.48 24.93 28.72 34.48 27.29 38.73 26.33 28.88 28.33 28.98 29.33 38.88 38.88 38.06 38.17 39.81 30.84 0.40 28.40 2&94 26.94 VAC PAY 3.30 8.7 2.52 2.52 2.52 2.52 2.52 2.52 3.60 3.60 3.60 3.60 3.80 3.B0 3.60 3.60 3.8 282 282 2.82 282 2.82 3.39 2.60 2.80 2.60 2.60 EMPEE PAY RATE 40.65 35.29 17.19 18.85 29.12 23.05 25.98 27.45 32.3 3808 30.89 40.33 29.99 30A8 31.93 3258 3293 41.70 41.70 40.88 40.99 42.63 34.15 3100 31.54 29.54 kLINA .3.52 3.60 3.80 4.48 5.27 4.28 559 4.15 4.71 4.42 4.51 4.58 5.76 5.78 5.68 5.68 5.90 4.73 4.57 4.29 4.37 4.09 'L . R S .52 .52 .52 .52 3.52 3.b2 3.52 3.52 3.52 3.52 3.52 3,52 3.52 3.52 3.52 3.52 3.52 3.52 3.52 3.52 3.52 3.52 3. 3.52 3.52 3.52 WKRS P. INS. 7.6196 309 2.68 1.31 1.42 1.53 1.75 1.98 2.04 2.48 2.90 2.35 3.07 2.28 232 2.d3 2 -48 2.51 3.17 3.17 3.11 3.12 3.24 280 ff225 ENSIO 1.91 4.50 1.0 1.05 1.05 1.05 1.06 1.OS 5.25 525 525 525 5.25 5.25 5.25 5.Z5 5.25 505 5.05 5.05 5.05 505 3.45 5.00 5.00 5.00 5.00 HLT AND OTHER WEL FRINGE 3.96 5.72 298 2.98 2.88 2.88 298 2,88 4.2 4.26 4.28 4.28 4.26 478 d.28 b26 4.28 7.95 7.96 7.95 7.95 7.95 d.16 9.57 9.57 9.57 9.57 0.74 1.89 0.91 0.81 0.91 0.91 0.91 0.91 0.98 0.98 6.98 0.96 0.88 0.98 0.98 0.98 0.9 0.82 0.82 0.82 0.82 0.82 0.62 1.54 1.54 184 1.54 TOTAL FRINGE 22.14 28.42 14.87 14.98 15.30 15.93 16.56 18.67 24.85 25.78 2424 26.28 24.03 24.15 24.40 24.80 24.88 29.11 29.11 28.93 28.96 29.31 2238 . 1 28.88 29.00 2 8.57 G COST RATE 59.49 57.92 29.34 31.17 32 38.48 d0.02 41.80 5&27 60.26 51.53 6259 50:38 51.03 52.79 53.58 84;01 67.99 57.99 88:89 67.13 69.12 53.23 58.71 8/.28 57:94 55.51 DAILY C087 RATE 475.95 183.36 234.71 248.90 283.18 291.65 320.72 334.d1 426.13 48210 472.23 506.96 402.80 408.25 42294 428.65 43205 543.91 543.91 535-94 531.01 552.95 425.83 477 -fig 458 - 267108 463.51 444.07 jRA 7 7 7 5 0 2 5 54.27 87.83 71'50 85.17 81.56 63.53 64.47 66.96 68.97. 8 &67 BT.43; 67.43 e6.02 8621. 8902. 68.66 74:91 72.4.t 68.98 DR COST RATE 96.84 87.42 44.01 47.24 50.50 58.98 63.48 66.73 81.99 94.74 78-82 99 -72 78.89 77:91 81.12 8256 83.34 106 87 � 105.8? f05A5 105.30 10&93 84. LG2 LG2A LCbt LG5 O10C OFOR OG8 OG8 0VTF1 .9D -11 65,68 88.88 8245 S Rates Goad Through June 30 2008 T77J2008 • • 0 C -3 (6b l(A-) PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 11th day of September, 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City "), and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for underground utilities services in regards to City infrastructure. C. City desires to engage Contractor to perform on -call 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 Phil Dennis. 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 31st day of August, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call' 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: 0 9 (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 "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. 2 0 9 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 Phil Dennis to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 3 Q 7. J E ADMINISTRATION This Agreement will be administered by shall be the Project Administrator and under this Agreement. The Project representative shall represent City in all rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES 9 the Utilities Department. Steve Myrter shall have the authority to act for City Administrator or his/her authorized matters pertaining to the services to be 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. 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. 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 4 9 0 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. 5 0 0 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. 5ipnature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. O 0 0 1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the 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. 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 7 • • 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. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the 2 0 0 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. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 0 01 s 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 10 0 0 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 Contractors 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: Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Phone: 562- 864 -6566 Fax: 562 - 864 -6052 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the 11 • • 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. 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. 12 0 0 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: e— C Z:yL Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By. tnl"c o J . LaVonne Harkless, City Clerk e r. !�•c`eZyjA CITY OF NEWPORT BEACH A Municipal Corporation ayQ-Ln,w� ) Steven 116sansk Mayor 6 for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: President Print Name: chri hristy By: _ 6 (F(naVial Officer) Title: c . F . o . Print Name: Carlos Garcia Attachments: On -Call Professional Services Agreement Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 • DOT's BROS. Construction -Company August 3, 2007 FAX COMMUNICATION: 949 - 646 -5204 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Cindy Asher Reference: Statement of Qualification Dear Ms. Asher: 0 EXHIBIT "A' Doty Bros. Equipment Co. ( "DBEC) is a general contractor, and has been in business . for over 70 years. DBEC has current active California contractor's licenses as follows, A- General Engineering, C-10 Electrical, C- 12 Earthwork and Paving, C -16 Fire Protection and C- 42 Sanitation Systems. We also maintain current active licensee in the State of Arizona as follows, A- General Engineering, L-11 Commercial Electrical and L -16 Fire Protection. DBEC is primarily a pipeline contractor, with its expertise represented in four distinct divisions as follows: Water and Wastewater, Electrical/Underground (dry utilities), Oil/Gas and Electrical Instrumentation and Controls; the later primarily performing work on water treatment plants and power plants. Our Division Managers individually bring industry knowledge, specialty experience and training, forming the firm foundation of our company's strength. Collectively, they.bring their expertise with decades of solid professional relationships in each of their respective specialties with customers, subcontractors and material suppliers to DBEC. Such knowledge and relationships are key to building the foundation of cooperation and teamwork that it takes in order to successfully bring a project to a timely and profitable completion. DBEC performs approximately 65M in revenue annually. Its customer base is broad and encompasses customers ranging from small, time and material jobs for a broad scope of customers (work in the $5k - $50k range), to large negotiated lump sum contracts and public works bid jobs ranging from $50k - $10M and up. Our customer base is inclusive of some Fortune 500 companies, and includes publicly held companies as well as private industry. We are an approved contractor for Southern California Edison as well as Southern California Gas Company (Sempra) and it affiliated companies. We support our customers as a general contractor, as well as bringing specialized support to projects as a subcontractor for many of Southern California's large established general 11232 R Firestone Blvd, Norwalk, CA 90650 Phone: (562) 96445" Fax: (562) 864 -6052 www.dotybros.com CA Me- 273024 0 0 contractors. The list of blanket contract customers and project specific projects by division, attached, will serve to display some of our successful jobs and relationships and should provide you with a substantial overview of our abilities. DBEC is a certified MBE company. We have obtained certification from the Southern California Minority Business Development Council, Inc. and the Supplier Clearinghouse for the Utility Supplier Diversity Program of the CPUC, and copies of our certificates are attached for your files and records. DBEC is a union signatory contractor, and maintains current labor agreements with the Carpenters, Laborers, Cement Masons, UA District Council 16 (plumbers and fitters), UA Local 250 (Shortline Agreement, product pipelines), Operating Engineers and Teamsters. DBEC's bonding capability is strong, with $20,000,000 available for any one single project, with a program aggregate of $50,000,000. We have a long term established relationship with our surety company. Known throughout Southern California as a dependable and professional company, who brings quality workmanship to every project, we take particular pride in the strength of our Safety Program. DBEC's Safety Policy has equal Wiportauace with our policies of providing the best quality and most productive construction services in the industry. It is our goal to completely eliminate accidents and injuries. Because of the many different hazards in the construction industry, we must maintain a constant safety awareness to achieve this goal. The success of the DBEC Safety and Health Program depends on the sincere, constant, and cooperative effort of all company officials, management, and employees and those of each subcontractor. Active participation by all of its personnel serve to make it a consistent success. Our crews have extensive experience working safely and efficiently in highly congested areas (urban and suburban) and rural cross - country environments. We look forward to the opportunity to bring our professional services and quality workmanship to the City of Newport Beach. if you should have any questions or require further information please do not hesitate to call our office at 562 -864 -6566. Sincerely, O Kelley Scott Contract Administration Attachments 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dOtybr0s.com D O� ItoS. EXHIBIT V Construction Company COST PLUS RATES SOUTHERN CALIFORNIA - CITY OF NEWPORT BEACH COST PLUS RATES EFFECTIVE JULY 31, 2007 TO AUGUST 31, 2008 TEAMSTERS Cenaal Foramen PAY STRAIGHT OVER DOUBLE ELECTRICIANS /AWSW HTRI39EN PAY STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE 7MIE TMIE TMfE CAAF SMAN/CL1SS CODE TMIE TIME TIME CARPENTERS 117.58 149.29 General Foreman EGF OPERATING ENGINEERS 135.57 174.71 Foreman TFM General Foramen CGF 8202 118.64 151.28 General Foreman, Appdx. A OGF 86.42 119.40 152.38 Operating Foremen COF 7623 107.96 139.68 Foreman, Apprbc A OFM 83.92 115.85 147.37 Foremen CFM 77.02 109.13 141.25 Group 1, Appek A -Oiler GGt 76.60 104.68 132.73 Journeyman CJM 72.01 101.63 131.24 Group 2, Appck A - Oiler OG2 77.90 106.62 135.33 Shingler CSJ 72.23 101.95 131.68 Group 8, Appdv. A- Waimea! OGS 81.42 111.89 14237 Apprentice -8tin Period (90%) CAB 6 &09 92.74 119.40 Group 10, Appdx. A - Mechanic OGA 51.62 11220 14277 50.32 64.92 79.51 Superintendent M8P Group 8, App6L B - Crane <25 Tan OB8 81.90 112.62 143.34 AKLyVRFGHTS 92.19 115.46 Project ErVinsar MPE Group 9, Appdu. B - Cram > 25 Tons 059 82.19 113.05 143.90 General Foramen CMG 82.85 117.89 152.93 Apprentice, Grp 8, AppdxA - Step 6 (90%) OA6 75.33 102.75 130.18 Foreman CMF 77.85 110.39 142.92 Journeyman CMJ 72.85 102.88 132.91 Apprentice - 8th Period (95 %) CM8 65.60 91.13 116.64 U.A. PIPEATTERSAVELDF.RS INDUSTRIAL General Forman IGF 90.72 123.55 156.39 CAHE/TMASONS Fireman IFM 85.12 115.33 145.53 Foreman MFM 7223 9725 17227 Journeymen - Waidarifter IJM 76.71 102.98 129.25 Journeymen MJM 68.89 92.24 115.60 Apprentice - Fft Year LAS 64.83 8&47 112.11 F &T Machine Operator MTO 69.31 92.87 11 6L43 Apprentice -8M6 Mos.(90%) MAS 64.22 85.24 108.25 SHORTLINE(LOCAL 250 Forernm SFM 87.19 121.66 153.30 LABORERS Jouneyman(WelderWilhar) Sim 81.17 112.62 141.34 General Foremen LGF 67.67 92.72 117.76 Welder Helper SWH 47.34 64.30 80.72 Operator Forman LOF 81.03 112.78 144.48 Pre-Helper SPH 28.30 39.05 49.80 Foreman LFM 66.00 90.22 114.43 Gawp 1 - General LGi 58.67 79.21 99.75 Group 2 - Wrapper To 6' LG2 59.58 80.58 101.68 UTILITY Group 3- PTO/Wrapper >el LG3 60.50 81.96 103.42 Foramen UFM 63.47 89.04 113.29 Group 4 - Ppee layer, C&S LG4 6309 85.54 106.59 Welder UWD 58.46 79.47 100.48 Group 5 - Blestar LG5 83.67 86.71 109.76 Jour eym en Fuser W M 49.82 66.93 84.03 Apprentice- 8th Period (65%) LAS 48.61 6&20 87.79 Pipe Tradesmen II UP2 37.46 48.51 59.57 TEAMSTERS Cenaal Foramen TGF 69.82 93.54 117.28 ELECTRICIANS /AWSW HTRI39EN Operator General Faentaa TOG 88.34 121.31 154.29 (Rates subject to Project wcatim & employee base locatien) Operator Foreman TOF 85.84 117.58 149.29 General Foreman EGF 96.42 135.57 174.71 Foreman TFM 08.15 91.04 113.92 Foreman EFM 8&60 120.33 154.06 Group 2 -2Aide TG2 65.07 86.41 107.75 Journeyman EJM 79.75 110.05 140.36 Group 3 - 3 Ards TG3 65.29 88.74 108.19 Apprentice -10th Period (85 %) FAO 69.16 54.92 120.68 Group 5 - Working Track Driver TG5 05.65 87.29 108,92 Group 6 - 4 or More Aide TGO 65.70 87.36 109.02 PROJECTMANAGEMENT Group 9 -Lo-Sed TG9 80.87 89.11 111.36 Project Mmww MPM 94.94 129.87 167.72 Subjoumeyman- 40016000 Ha. TA3 50.32 64.92 79.51 Superintendent M8P 85.18 11 &09 149.94 Group 12- WTD BoomTrk Can TBT 68.92 92.19 115.46 Project ErVinsar MPE 66.11 96.76 127.41 Apprentlee Rats: Apprentice rates as listed above are the hghesl cw,,TIWM pri ff jgl_amymen full sale miss. Billing rate for Apprentice will be bawd m aWnl Subalatmce: S85.00Iday ��212y ? Travel Time: Customer will be advised ti travel tine is applicable 0^ It Overtime Rats: AN hours outside regularly cwwmt ftd sdh shall be ' NCO one Su and four (4) hours outside regular Wilk and first twelve (12) hours on wry is time a le II add, Emergency "all out work - Four (4) hour artrdmum for labor and Received Markup: Material. subcontractors, au6eislance, and outside rentals irg fuel apYiR11t10be dined Boundaries; Of SODUe CRMbn1Ia Cost Plus Rats: crostat of ipvm (11) counties of Vent", Santa Barbaa, San Luis Obispo, Kenn and in addition: Richarilj4ftok Sella Cruz Son Miguel Island. Sant Barbara Wall, Santa Rose Wand, Amapa Isle kng the Cho indushro; additional elaseMeations available N required. all be paid at double time. For Operating Engineers -fret at double time alospt holidays which are at triple finis. seise tax mists applicable, pin mark-up of 15% ' hryo. Mann. OrwW, Riverside, San Berardino, imperial, Rods, San Nicholas Island, Catalina Island, San Clerrrerlte Island, Monument Rate Sale does not include Son Diego County. 4Mghiiiaq - - �o^^II., This rate had CA C.L. 273024 ov 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 DOT Y BIROS. Construction Company COST PLUS RATES SOUTHERN CALIFORNIA - CITY OF NEWPORT BEACH COST PLUS RATES EFFECTIVE JULY 31 2007 TO AUGUST 31 2008 Apprentice Rates: Apprentice rotes as fated above are the high ed cleasi8ca8on prior to journeyman ful aces ra6ee. Edging rata for Apprentice will be based on actual Subsistence: 665.00fty Travel Time: Customer will be advised if tmvi time is applicable OvertYne Rates: Ali hours outside regularly oormtlutad shift shell be time and a s hat. Sundaya and holidays anal be paid at double lime. For Operating Engineers - fast four (4) hours outside regular shin, and fast twelve (12) hours on Saturday is time and one had, all additional hours at double time except holidays which are at triple time. Emergency cal out work" - Four (4) hour minimum for lebw and equipment Markup: Material. subcontractors, subaistanco, and outside rentals (including fuel costa), will be billed cost plus saber tax where applicable, plus mark-up of 160A BOundartes MBouNarn CaffMrnla Coat Plus Rates: oanaists of the sloven It 1) counties of Los Angeles, Inyo, Maw. Orange, Riverside, Son Samerdfa, imperial, Venture. Santa Barbara, Son tub Obispo, Kern and In addition: Richardson Rock Santa Cruz Island, Arch Rack, San Nklwlas Island, Catalina Island. San Clemente bland, San Miguel laland, Santa Barbera Island, Santa Rosa lebnd, Antic" Island, including the Channel Islands Monument Rate Scale does not include San Diego Courdy. NOTE: TI(Is rrts short Is not tl Inclusive; additional dassllptioa available N rsqubad. (v2.0) CA C.L. 276024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 wwwAtitybros.com CA Lic. 273024 PAY S7R416{!! OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAPTSMAA10C ASS CODE 7M7E 77ME TIME CRAF7SMAH/CLASS CODE TMTE TIME 73111IE CARPF.NTTRS OPERATINGENGINEIM General Foreman CGF 8202 116.64 151.26 General Fasman. AppdL A OGF 86.42 119.40 15238 Operating Foremen COF 76.23 107.98 139.68 Foramen, Apprlx. A OFM 83.92 115,65 147.37 Foremen CFM 77.02 109.13 141.25 Group 1, Appdx. A -Oiler OG1 78.60 104.66 132.73 Joumayman CJM 7201 101.63 131.24 Group 2 Appdrt. A -Oiler OG2 77.90 108.62 135.33 Shi filer CSJ 7223 101.95 131.68 Group 8, Appdx A - Unkarsal OG8 81.42 111.89 142.37 Apprentice - Blh Period W%) CAB 06.09 92.74 119.40 Group 10, Appdx. A - Medank: OGA 81.62 112.20 142.77 Group 8, Appdx. B - Crane c 25 Tons OBB 81.90 112.62 143.34 AGLLWRIGHTS Group 9, Appdc. B - Crane > 25 Tan 089 82.19 113.05 143.90 General Foreman CMG 82.85 117.89 15293 Apprentice, Grp 8, Apprlx A -Step 6(90%) OAS 75.33 102.75 130.18 Foreman CMF 77.85 110.39 142.92 Journeymen CMJ 7285 102.88 13291 Apprentice - Bun Period (95 %) CM8 65.60 91.13 116.64 UA. P/PEhir7ERSANBAERS INDUSTRIAL General Foreman IGF 90.72 123.55 15639 CEN1ENTMASONS Foreman IFM 85.12 115.33 145.53 Foreman MFM 72.23 97.25 122.27 Journeyman - WelderlFdtar IJM 76.71 102.98 129.25 Journeyman MJM 68.89 92.24 115.60 Apprentice - Rth Year IAS 64.83 88.47 112.11 F &T Machine Operator MTO 69.31 92.87 116.43 Apprentice - Blh 6 Mos. (9g %) MAS 64.22 85.24 106.25 SHORTLINE (LOCAL 260) Foramen SFM 87.19 121.65 153.30 LABORERS Jounayman (WeldedFider) SJM 81.17 112.62 141.34 General Foremen LGF 07.67 92.72 117.76 Weider Helper SWH 47.34 64.30 80.22 Operator Foremen LOF 81.03 112.76 144.48 Pre - Helper SPH 28.30 39.05 49.90 Foreman LFM 88.00 90.22 114.43 Group 1 - General LG1 58.67 79.21 99.75 Group 2- Wrapper To 6' LG2 69.58 80.58 101.56 UTILITY Group 3 - PTOANrappsr> 6' LG3 W.50 81.96 103.42 Foremen UFM 63.47 89.04 113.29 Group 4 -Pipe layer, C&S LG4 63.09 85.84 108.59 Welder LFND 58.46 79.47 100.48 Group 5 - Bbeter LG5 63.67 86.71 109.76 Joumeymerdl` u UJM 49.82 65.93 84.03 Apprentice - eth Pen od (85 %) LAB 48.61 68.20 87.79 Pipe Tradeerrmn II UP2 37.48 48.51 59.57 TEAMSTERS General Foreman TGF 69.82 93.54 117.26 ELECTRICIANS /INSIDE N7REMSH Operator General Foramen TOG 88.34 121.31 154.29 (Rates subject to project location & employee base lacalion) Operator Foreman TOF 85.84 117.56 14929 Gansu Foremen EGF 96.42 135.57 174.71 Foreman TFM 68.15 91.04 113.92 Foramen EFM 86.60 120.33 154.06 Group 2 -2Axle TG2 65.07 86.41 107.75 Journeyman FJM 79.75 110.05 140.36 Group 3 -3Nile TG3 65.25 86.74 108.19 Appren8ce -loth Period (85%) EAO 69.16 94.92 120.68 Grail 5 - Waking Truck Driver TG5 65.65 87.29 108.92 Group 6 - 4 or More Axle TGB 65.70 87.36 108.02 PROJECT MANAGEMENT Group 9- Lo-Sed TG9 6687 89.11 111.36 project Manger MPM 94.94 129.87 187.72 Sublourneyman- 4001.6000 Mrs. TA3 50.32 64.92 79.51 Superintendent MSP 85.18 116.09 149.94 Group 12 - WTD BcomTrk Cart TBT 68.92 92.19 115.46 Project Engineer MPE 66.11 98.76 127.41 Apprentice Rates: Apprentice rotes as fated above are the high ed cleasi8ca8on prior to journeyman ful aces ra6ee. Edging rata for Apprentice will be based on actual Subsistence: 665.00fty Travel Time: Customer will be advised if tmvi time is applicable OvertYne Rates: Ali hours outside regularly oormtlutad shift shell be time and a s hat. Sundaya and holidays anal be paid at double lime. For Operating Engineers - fast four (4) hours outside regular shin, and fast twelve (12) hours on Saturday is time and one had, all additional hours at double time except holidays which are at triple time. Emergency cal out work" - Four (4) hour minimum for lebw and equipment Markup: Material. subcontractors, subaistanco, and outside rentals (including fuel costa), will be billed cost plus saber tax where applicable, plus mark-up of 160A BOundartes MBouNarn CaffMrnla Coat Plus Rates: oanaists of the sloven It 1) counties of Los Angeles, Inyo, Maw. Orange, Riverside, Son Samerdfa, imperial, Venture. Santa Barbara, Son tub Obispo, Kern and In addition: Richardson Rock Santa Cruz Island, Arch Rack, San Nklwlas Island, Catalina Island. San Clemente bland, San Miguel laland, Santa Barbera Island, Santa Rosa lebnd, Antic" Island, including the Channel Islands Monument Rate Scale does not include San Diego Courdy. NOTE: TI(Is rrts short Is not tl Inclusive; additional dassllptioa available N rsqubad. (v2.0) CA C.L. 276024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 wwwAtitybros.com CA Lic. 273024 DO TY BIROS. � Construction Company COST PLUS RATES SOUTHERN CALIFORNIA - CITY OF NEWPORT BEACH COST PLUS RATES EFFECTIVE JULY 31 2007 TO AUGUST 31, 2008 TEAMSTERS General Foremen PAY STRAIGHT OVER DOUBLE ELECTRICIANS /INSIDE VAP MIEN PAY STRAIGHT OVER DOUBLE CROIMSMANCLASS CODE TIME TMRE 77ME CRAFTSMAN/CLASS CODE TIME ME TMW CARPBVn9M 117.56 149.29 General Foreman EGF OPERATING ENGMIM 136.57 174.71 Foreman TFM General Forenren CGF 82.02 116.64 151.26 General Foreman, Appdx A OGF 86.42 119AO 15238 Operating Foreman COF 76.23 107.96 169.68 Foramen, Apprh. A OFM 83.92 115.65 147.37 Foramen CFM 77.02 109.13 141.25 Group 1, Aplxk A - Oiler OG1 76.60 104.86 132.73 Journeyman ON 7201 101.63 131.24 Group 2, App&v. A - Oiler 062 77.90 106.62 135.33 Shngler CSI 72.23 101.95 131.68 Group 8, Apprbc A- Universal OG8 81.42 111.69 142.37 Apprentice - 8th Period (90%) CAB 66.09 92.74 119.40 Group 10, Appdx A - Mechanic OGA 81.62 112.20 14277 50.32 64.92 79.51 Suparintaixlau MSP Group S. Appdre 8 - Crane a 25 Torre 088 81.90 112.62 145.34 err rYMCHiS 92.19 115.46 Project Engineer MPE Group S. Appdx B - Crime > 25 Tons 089 82.19 113.05 143.90 Cal" Forenoon CMG 82,85 117.69 15293 Apprentice, Grp 8, AppdxA- Stop 6(90%) OAS 75.33 10275 130.18 Forman CMF 77.85 110.69 142.92 Journeymen CMJ 72.85 102.88 132.91 Apprentice -6th Period (95%) CMB 55.60 91.13 116.64 U.A. PO'Ei719tSAYE.7ER3 INDUSTRIAL General Foremen IGF 90.72 123.55 156.39 CEUSUMASONS Foreman IFM ✓ 5.12 115.33 145.63 Foramen MFM 72,23 97.25 122.27 Journeyman - Weldw Fttsr IN 76.71 102.98 129.25 Journeyman Wm 66.89 92,24 115.60 Apprentice -Fft Year M 64.83 88.47 11211 F &T machine Operator MTO 49.31 92.87 116.43 Apprentice - 8th 6 Mos. (90%) MAS 64.22 4524 106.25 SHORTLINE (LOCAL 250) Foreman SFM 87.19 121.65 153.30 LABOt1�3 Journeyman (WelderlFitter) SJM 81.17 112.82 141.34 General Foreman LGF 67.67 9272 117.76 Welder Helper SWH 47.34 64.30 8022 Operator foreman LOF 81.03 112.76 144.48 Pre -Helper SPH 28.30 39.05 49.80 Foreman LFM 66.00 90.22 114.43 Group 1 - General LGt 58.67 79.21 99.75 Group 2- Wrapper To ON L02 59.58 80.58 101.58 UTILITY Group 3- PTOfWrspper>6- LG3 60.50 81.96 103.42 Foremen UFM 63.47 88.04 113.29 Group 4- Pipe layer. C&S LG4 63.09 85.84 108.59 Welder UWD 58.46 79.47 100.48 Group 5 - Blaster LG5 63.67 86.71 109.76 JounlaymaMFuser UJM 49.82 66.93 84.03 Apprentice-6th Period (85 %) LAB 48.61 68.20 87.79 Ppe Tradesman II UP2 37.46 48.51 59.67 TEAMSTERS General Foremen TGF 69.82 93.54 117.28 ELECTRICIANS /INSIDE VAP MIEN Operator General Foremen TOG 88.34 121.31 15429 (Rates subject to project location & employee base location) Operator Fommim TOF 85.84 117.56 149.29 General Foreman EGF 96.42 136.57 174.71 Foreman TFM 68.15 91.04 113.92 Foreman EFM 86.60 12(1.33 154.06 Group 2 -2Me TG2 65.07 86.41 107.76 Journeyman EJM 79.75 110.05 140.36 Group 3 -3 Ate TG3 65.29 86.74 106.19 Apprentice -10th PwW(85%) EAO 69.16 94.92 120.88 Group 5 - Waking Truck Driver TG5 45.45 87.29 10&92 Group 6 - 4 or Mae Me TM 65.70 87.36 109.02 PROJECT MAMAG6MENT Group B - Lo-Bed TG9 66.87 89.11 111.38 Project Manger MPM 94.94 129.87 167.72 Subjoumeyman - 4001.6000 HM. TA3 50.32 64.92 79.51 Suparintaixlau MSP 85.18 116.09 149.94 Grasp 12 - WTD BoomTrk Cort TST 88.92 92.19 115.46 Project Engineer MPE 68.11 96.78 127.41 APPren6re Rata: AppranSce rates as I'retod above am the highest classiSeation prig tojoumeymen full scale rates. Billing rata for Apprentice will be based on actual Subalstence: b45.owft Travel rims: Customer will be advised If travel time is applicable OverBma Rates: All hmm outside regularly constituted "shall be time and one half Sundays and holidays sitar be paid at double time. For OPsmMV Engineers - first four (4) hours outside regular MA and first twelve (12) hours on Saturday is Same and one hat; al additional hours at double time except holidays which are at triple fine. Emergency "call out work" - Four (4) hour minimum for labor and equipment Markup: Material, suboommOtOM subsistence, and outside rentals (including furl casts). will her Idled cost plus sales tax where applicable, plus mark -up of 15% Boundaries of SarMam Callfcmla Cost Mus Rates: corelsts 0f the eleven (11) cou tlas of dos Angeles, Inyo, Mono, Orange, Riverside, San fJmurdino, Imperial, Ventua, Santa Barbara. Sam LUIS Obispo, Kem and in addition: Rieiardson Rock Santa Cnu Island. Arch Rock, San Nicholas Wand, Catalina Island, San Clemente Island, Son Miguel Wand, Sate Barbara Island, Santa Roes Island, Anacapa Island, including the Channel Islands Monument Rate Scale does not Include San Diego County. NOTE: entraatprs Master Lab" Adrasment and sm suhjMjt M chamaa MAdurrt g4e. This rate shoo Is not an Indusive; adi f lonai cissa81ca6one available N requlrad. (V2.0) CA C.L. 273024 41111111� 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864-6566 Fax: (562) 8646052 www.dotybros.com CA Lic. 273024 0 0 CERTIFIED COPY OF RESOLUTION OF BOARD OF DIRECTORS OF DOTY BROS. EQUIPMENT COMPANY A CALIFORNIA CORPORATION RESOLVED. the following persons are authorized to execute any all documents necessary for bidding or contracting work on behalf of Doty Bros. Equipment Company. Name Chris Christy Luis A. Armona Carlos Garcia Henry Barber I the undersigned do hereby certify: Dated Office President Secretary / Asst. Treasurer Treasurer Sr. Vice President 1. That I Luis A. Armona, am the duly elected Secretary of Doty Bros. Equipment Company., a California Corporation. 2. That the foregoing is a true and corrected copy of the resolution adopted by the Board of Directors at a special meeting held on January 23, 2006. January 23, 2006 J Luis A. Armona 0 0 Male Of California s" CONTRACTORS STATE LICENSE BOARD e, ACTIVE ACTIVE LICENSE Cumumcr ASiairs 273024 CORP DOTY BROS EQUIPMENT CO a AC10C12C16C42 This license is not transferrable, and shall be returned to the Registrar upon demand when suspended, revoked, or invalidated for any reason_ This pocket card is valid through the expiration date only_ If found, drop in any mailbox. Postage guaranteed by: Contractors State License Board P.O. Box 26000 Sacramento, CA 85826 Licensee Signature 0 0 ClionNl• 2GG55 nnTYRRO ACORD. CERTIFICATE OF LIABILITY INSURANCE 09114107 cER US[ Irvine - C4L THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Ltc1F 0351182"'949. 790 9339(SUidrl) P b Box 53310 ALTER THE COVERRAGE AFFORDED BY THE POLICIES BELOW. TYPE OF e1S11RANCE POLICY NUMBER Irvine, CA 92619.3310 INSURERS AFFORDING COVERAGE NAIL S INSURED INSURER A: National Union Fire of PA AIG Doty Bros. Equipment Co. 11232 E. Firestone Blvd. Norwalk, CA 90650 INSURERB: 10/11/07 INSURERC: $1,000,000 INSURER D: INSURER E: •10 day notice nonpay COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBAECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, mQ TYPE OF e1S11RANCE POLICY NUMBER POIJOV fS:fEGIIVE POLICY LIMITS A GENERAL LIABILITY GL1791522 10111/06 10/11/07 EACH OCCURRENCE $1,000,000 x COMMERCIAL GENERAL UARLITY DAMAGE IRITED $ 0 CLAIMS MADE O OCCUR NED EXP Aq one ) $5.000 PERSONA. S AM INJURY $1006600 x BFPINXCU X I Contractual GEFERALAGGREGATE s2 9000 GENLAGGRECWTEUMR APPLIES PER: PRODUCTS - COMPIOP AEG 32009000 BUPD SIR $500,000 POLICY x °R° LOC A AUTONOaILl x LWBILRY ANY AUTO CAS262523 10/11/06 19111/07 COMBINED SINGLE LIMIT (EeeaHenU $1,900,000 I BODILY INJURY (Perptsmn) S ALL OWNED AUTOS SCHEDULED AUTOS • • BODILYNJURY (Per"ImAt) S HIREDAUTOS NON OWNED AUTOS • PROPERTY AMAGE (r °r°oaaenD 3 Comp $1,000 Applies to 2003 and newer cars x Coll ;1,000 GARAGE UAS4 TY AUTOOILY- EAACCIOENT OTHERTHAN EA ACC 3 ANYAUTO S AUTO ONLY: ADD EXCES &UMBPELLA LULLTILRY EACH OCCURRENCE 3 OCCUR CLAIMS WOE AGGREGATE S S 3 OEDUCTIBLE 3 RETENTION $ A wDRiam COMPENSATION ANO WC3725446 1011106 10111107 x WCSTgT.L °TH" 91PLOYERW LABILrry ANY PPoPMETORIPARTNE110ECUTR'E OPRCERMEMBER EXCLUDED? EL EACH ACCIDENT $1.000.000 EL. DISEASE -EA EIAPLOYEE l $1,000,000 If UeSONS WM E.LDISIASE- POUCYLWIT I 31000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS VEIICLESI EXCLUSIONS ADDED BY ENDORSESRNTI SPECUIL PROVISIONS Re: Annual Agreement for On -Call Emergency Underground Utility Repairs. The City of Newport: Beach, its elected or appointed officers, officials, employees, agents and volunteers are named as additional Insured as respects to General Liability and Automobile Liability policies. Waiver of (See Attached Descriptions) City of Newport Beach Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658 -8915 25(20871081 1 .r% ePAWRIGR LO ANY OF We ABOYE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION THEREOF, THE ISSUING INSURER WILLxaDxaNAR •4a DAYS WRITTEN S: TO THE CERTIRCATE HOLDER NAMED TO THE LEFT,pWBBWD000Gtl�x RAO 0 IMPORTANT 0 If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25S (2081!88) 2 of 3 #M388198 r • DE$CRl F1t3t� tied ge 1 Subrogation applies to General Liability, Automobile Liability and Workers Compensation policies. (p) ink AMS 25.3 (2001108) 3 of 3 #M388138 0 s Client#: 29955 noTYRRO ACORD,P CERTIFICATE OF LIABILITY INSURANCE X1410 °"Y"" PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI Irvine - CIL ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LiC# 035116r -949- 790- 9339(SUian) HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P 0 BOX 53310 POLICY E%PIR,LTION UNITS Irvine, CA 92619 -3310 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: National Union Fire of PA AIG Doty Bros. Equipment Co. 11232 E. Firestone Blvd. INSURER B: COMMERCIAL GENERAL LIABILITY Norwalk, CA 90650 NSURER G IrsuRERm 5 INSURER E: '10 day notice nonpay CLAIMS MADE OCCUR COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS 7 TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY E%PIR,LTION UNITS GENERAL LIABILITY EACH OCCURRENCE S COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 5 CLAIMS MADE OCCUR MEO EXP(Aq one perem) S PERSOWILSADVINJURY S GENERALAGGREGATE 5 GENT AGGREGATE UMiT APPLIES PER PRODUCTS- OOMPATP AGO 5 f+OUCY PRO- LOC AUTOMOBILE LIABILITY ANYAUTO COMBINED SINGLE LIMIT (Es flc Wo 5 BODILY INJURY (Pm.) S ALL O'ANEO AUTOS SCHEDILEDAUTOS BODILY INJURY (Pe -Oct Fnl) 5 HIRED AUTOS N04-0WNEDAUTOS PROPERTY DAMAGE (P-e d-l) $ GARAGE LUUNUTY AUTO ONLY -EA ACCIDENT 5 OTHER THAN EA ACC 5 ANYAUO 5 AUTO ONLY: AGO A EXCESSIUNDRELLAUAeltm SE7227554 10111106 10/11107 EACH OCCURRENCE srhO00,000 X OCCUR CLAIMS MADE AGGREGATE h000,000 If S 5 DEDUCTIBLE 5 X RETENTION $10,000 Y/ORI®i3 COMPENSATION AND ICI STATLL OTFL FMMPLOYEiS' LIABILITT ANYPRDPRIETORPARTNERI ECUTIVE E.L. EACH ACCIDENT 5 E.L.CSEASE- EAEMPLOYEE $ OFRCERFMEMBEi EXCLUDED] W B d.sR ,,War CW.PROISIONSW. E.L. DISEASE- PODCYUIMT IS OTHER DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Re: Annual Agreement for On-Call Emergency Underground Utility Repairs. The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers are named as additional insured as respects to General Liability and Automobile Liability policies. Waiver of (See Attached Descriptions) City of Newport Beach Public Works Dept. 3300 Newport Blvd. Newport Beach, CA 92658 -8915 ACORD 25 (2001108) i . a RM7eR42R ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EJIPRATION EREOF, THE ISSUING INSURER TILL jIfflayBRIM MAIL '4n OAYSWRnrSN 'O THE CERTIFICATE HOLDER NAMED TO THE LEFT,�C su7 0 ACORD 0 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. AWKU zas tzuevee) 2 of 3 #M388188 Subrogation applies to General Liability, Automobile Liability and Workers Compensation policies. (p) u't' :�,. .. g: ,.�:`,S =�. ms's:' k, . •i.. � . e °. ,.^✓,Y '.:i AMS 25.3 (2001108) 3 of 3 #M388188 0 0 POLICY NUMBER: GL1791522 COMMERCULLGENERAL uaelurY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — OWNERS, LESSEES OR CONTRACTORS — SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILfTY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations City of Newport Beach, its elected or appointed Re: Annual Agreement for 00-Call Emergency officers, officials, employees, agents and Underground Utility Repairs. volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section It — Who Is An Insured is amended to include as an additional insured the person(s) or organtzation(s) shown in the Schedule, but only with respect to liability for "bodily iryury', property damage' or 'personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operators for the additional insured(s) at the location(s) designated above. B. With respect to the Insurance afforded to these additional insureds, the following additional exclusions apply: This'arsurence does not apply to 'bodily injury' or "property damage' occurring after. 1. All work, Including materials, park or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional Insured(s) at the location of the covered operations has been competed; or 2. That portion of 'your work" out of which the injury a damage arises has been put to its Intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. PRIMARY CLAUSE ENDORSEMENT: U is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other iffinrance maintained by said Additional Insured shall be non-contributing. CG 2010 07 04 0 ISO Properties, Inc., 2000 0 0 POLICY NUMBER: GL1791522 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); location And Description Of Completed O rations City of Newport Beach, its elected or appointed Re: Annual Agreement for On -Call Emergency officers, officials, employees, agents and Undergrouua UtOiry Repairs. volunteers Information required to complete this Schedule if not shown above, will be shown in the Declarations. Section 11— Who Is An Insured Is amended to include as an additional Insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or 'property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown sha8 be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non - contributing. CG 20 37 07 04 0 ISO Properties, Inc., 2004 • 0 POLICY NUMBER: GL1791522 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers Re: Annual Agreement for On -Call Emergency Underground Utility Repairs. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG 24 04 11 85 Copyright, Insurance Services Office, Inc., 1984 0 0 POLICY #: CA8262523 COMMERCIAL AUTO INSURED'S NAME: Doty Bros. Equipment Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM Name of Person or Organization: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers Re: Annual Agreement for On -Call Emergency Underground Utility Repairs. PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to any claim, loss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non - contributing. WHO IS AN INSURED (section Ii) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto" C, POLICY #: CA8262523 COMMERCIAL AUTO INSURED'S NAME: Doty Bros. Equipment Co. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers Re: Annual Agreement for On -Call Emergency Underground Utility Repairs. We waive any right of recovery we may have against the person or organization shown in the Schedule because of payment we make for injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. WHO IS AN INSURED (section 11) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto" PRIMARY CLAUSE ENDORSEMENT: This insurance is primary and any other insurance maintained by such additional insureds is non- contributing with this insurance as respects claims or liability arising out of or resulting from the acts or omissions of the named insured, or of others for work performed by or on behalf of the named insured. 0 • Workers Compensation and Employers Liability Insurance Policy Policy Number: WC3725446 Policy Period: 10/11/06 to 10/11/07 Insured: Doty Bros. Equipment Co. The information above is required only when this endorsement is issued subsequently to preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the renumeration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such renumeration. Schedule Person or Organization The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers Re: Annual Agreement for On -Call Emergency Underground Utility Repairs. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. PRODUCER: USI of Southern California WC040306 (Ed. 1-87) • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 12 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 949 - 718 -3400 or smyrter @city.newport- beach.ca.us SUBJECT: PROFESSIONAL SERVICE AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL UNDERGROUND UTILITY REPAIRS RECOMMENDATION: • Approve the agreement with Doty Bros. Construction Company for underground utility repairs on an on -call basis. DISCUSSION: A request for qualifications for on -call services was requested of Doty Bros. Construction Company (Doty Bros.). Due to the nature of an emergency requiring immediate repair work, staff is recommending approval of an on -call agreement with Doty Bros. to provide "as needed' underground repair services. Terms for services to be performed can be further negotiated upon receipt of letter proposals as requested. This agreement will formalize on -call with Doty Bros. and lock in prices through August 31. 2008. Doty Bros. is primarily a pipeline contractor, with its expertise in four distinct divisions as follows: Water and Wastewater, Electrical /Underground (dry utilities), Oil /Gas and Electrical Instrumentation and Controls; the later primarily performing work on water treatment plants and power plants. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. • 0 0 Underground Utility Repairs Approval of On -Call Professional Service Agreement September 11, 2007 Page 2 Funding Availability: Funding is available in various Maintenance and Operations Water, General Funds (General Services) accounts. Periodically, a Ca Account will be utilized, as necessary, to facilitate project expediency. Wastewater and Cap Improvement 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: Avl Cindy Asher Administrative Manager Submitted by: Steve TAirter Utilities Director Attachments: On -Cali Professional Services Agreement • U • PROFESSIONAL SERVICES AGREEMENT WITH • DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 11th day of September, 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for underground utilities services in regards to City infrastructure. C. City desires to engage Contractor to perform on -call underground utilities services in various locations and for various City infrastructure. 0 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 Phil Dennis. 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 31st day of August, 2008, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On -Call' 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: 0 9 (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 Contractors reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other 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 Contractors 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. Contractors 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 i 40 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 Phil Dennis to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 0 • 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. A. 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. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the P • 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. 19. CONFIDENTIALITY • All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 41 0 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 0 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS • City reserves the right to employ other Contractors in connection with the Project. 10 0 • U 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: Doty Bros. Construction Company 11232 E. Firestone Blvd. Norwalk, CA 90650 Phone: 562 - 864 -6566 Fax: 562 - 864 -6052 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the ea 0 0 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. 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. 12 • 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. • 44 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: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Hartdess, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation M Steven Rosansky Mayor for the City of Newport Beach CONSULTANT: M (Corporate Officer) Print Name: M (Financial Officer) Print Name: Attachments: On -Call Professional Services Agreement Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 • • LJ • • C- 3�lpk PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY 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 DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to cant' 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 Dick Weidman. 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 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 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 "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. I 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 [insert Contact Name] 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. 6 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 b y shall be the Project Administrator and under this Agreement. The Project representative shall represent City in all rendered pursuant to this Agreement. 7. 8. CITY'S RESPONSIBILITIES the Utilities Department. Pete Antista shall have the authority to act for City Administrator or his/her authorized matters pertaining to the services to be 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. 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 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. 5 0 0 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. ■ 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. 16. SUBCONTRACTING 0 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. 19. CONFIDENTIALITY O 0 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS V • M 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: [Insert Name of Consultant] [Insert Address] [City and Zip Code] Phone: Fax: 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar 11 • • 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. 32. AMENDMENTS 12 • 0 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: zl'�- ( - !'� Aaron .Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By /d% . kA LaVonne Harkless, City Clerk Attachments: CITY OF NEWPORT B CH A Municipal Corporati By: Don Webb Mayor for the City of Newport Beach CONSULTANT: By: (Corporate O icer) Title: President Print Name: Chris hr'sty By: _ V (Finani Officer) Title: Treasurer Print Name: Carlos Garcia Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates F:\users\cat\shared\Ag\On-Call\Template.doc Fran: • IV14 /2006 16:14 #026 P.0011023 DOTY BROSIN Construction Company CA Lie #275024 August 14, 2006 FAX COMMUNICATION: 949.646.5204, 25 pages City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Cindy Asher Reference : Request for Information Dear Ms. Asher. FMBff IK Please forgive the delay in my submission of information to you. I hope that the information and documents that I am submitting will provide you with the information that you are seel®g regarding our company. Of course, should you have any questions or require further information please do not hesitate to call our office. Doty Bros. Equipment Co. ("DBEC ") is a general contractor, and has beea.in business for over 70 years,- DBEC has current active California contractor's licenses as follows, A- General Engineering, C- 10 Electrical, C-12 Earthwork and Paving, C -16Fire Protection and C-42 Sanitation Systems. We also maintain current active licenses in the State of Arizona as follows, A- General Engineering, LI 1- Commercial Electrical and L16 Fire Protection. DBEC is primarily apipeline oonttasdor, wit&... �nitKd, n. o l distinct divisions as follows: Water and Was6erwater, EIe�ricej,Ua (&y u ; i Ilaleetrioal Instrumentation and Controls; the later primarily performing work on water treatment plants and power plants. Our Division Managers individually bring industry knowledge, specialty experience and training, forming the firm foundation of our company's strength. Collectively, they bring their expertise with decades of solid professional relationships in each of their respective specialties with customers, subcontractors and material suppliers to DBEC. Such knowledge and relationships are key to building the foundation of cooperation and teamwork that it takes in order to successfully bring a project to a timely and profitable completion. DBEC performs approximately 65M in revenue annually. Its customer base is broad and encompasses customers ranging from small, time and materials jobs for a broad scope of customers (work in the $5,000 - $50,000 range), to large negotiated lump sum contracts and public works bid jobs ranging from $50,000 to $10,000,000 and up. Our customer base is inclusive of some Fortune 500 companies, and includes publicly held companies as well as private industry. We are an approved contractor for Souther California Edison as well as Southern California Gas Company (Sempra) and its affiliated companies. We support our customers as a general contractor, as well as bringing specialized support to projects'as a subcontractor for many of Souther California's large established general contractors. The list of our blanket contract customers and project specific projects by division, attached, will serve to display some of our successful jobs and relationships and should provide you with a substantial overview of our abilities. 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 8646566 Fax: (562) 864-6052 www.dotybros.com From: • City of Newport Beach Attn: Cindy Asher August 14, 2606 Page 2 of 2 (4/2006 16:14 #026'.P.002/023 DBEC is a certified MBE company. We have obtained certification from the Southern California Minority Business Development Council; Inc, and the Supplier Clearinghouse for the Utility Supplier Diversity Program of the CUPC, and copies of our certificates are attached for your files and records. DBEC is a union signatory contractor, and maintains current labor agreements with the Carpenters, Laborers, Cement Masons, UA District Council 16 (plumbers and fitters), UA Local 250 (Shortline Agreement, product pipetine4 Operating Engineers and Teamsters. DBEC's bonding capability is strong, with $20,000,000 available for any one single project, with a program aggregate of $50,000,000. We have a long term established relationship with our surety company. Known throughout Southern California as a dependable and professional company, who brings quality workmanship to every project, we take particular pride in the strength of our Safety Program. DBEC's Safety Policy has equal importance with our policies of providing the best quality and most productive construction services in the industry. It is our goal to completely eliminate accidents and injuries. Because of the many different hazards in the construction industry, we must maintain a constant safety awareness to achieve this goal. no success of the DBEC Safety and Health Program depends on the sincere, constant, and cooperative effort of all company officials, management, and employees and those of each subcontractor. Active participation by all of its personnel serve to make it a consistent success. Our crews have extensive experience working safely and efficiently in highly congested areas (urban and suburban) and rural cross - country environments. We thank you for your inquiry, and welcome the opportunity to bring our professional services . and quality workmanship to the City of Newport Beach. If you should have any questions or require further information please do not hesitate to call our office. You can call me direct at 562.345.1457, my fax number is 562.864.3480, and my email address is sdennisQclotvbros.com. Should you wish to speak to any of our Division Managers direct, their contact information is as follows: Water Division Phil Dennis 562.345.1498 Wastewater Division Henry Barber 562.345.1462 Oil/Gas Division Henry Barber 562345.1462 Electrical I &C Division John Phillips 562.345.1444 Underground (dry utilities) John Goddard 562.345.1468 Thank you again for your inquiry, we look forward to assisting you with your construction needs. Verytrul yours, andy Dennis Contracts Manager Attachments From: • 04/2006 16:14 #026 P.003/023 DOTY BROS. EQUIPMENT CO., ( "D$EC") Project References Electrical Instrumentation and Sontrols Division DBEC Customer: Filanc / HDR Design Builders Project Owner. West Basin Municipal Water District Proj ect Title: Phase IV Expansion Project Description/location: Provide and install electrical components, instrumentation and controls. Project located at Hughes Way, El Segundo, CA. Contract Price: $4,637,650.00 Customer Contact: Vince Diar, Project Manager (760 )941 -7130 Customer Address: 4616 North Avenue, Oceanside, CA 92056 Architect/Engineer: HDR DBEC Job No: 60354001 DBEC Performance Period: March 2004 — May 2006 DBEC Customer. Griffith Company Project Owner. City of Los Angeles Department of Public Works Project Title: Los Angeles / Glendale Nitrogen Removal Conversion Project, Phase 1, W.O. SZLI1133 Project Description/Location: Provide electrical demolition, electrical installation and instrumentation. Project located at 4600 Colorado Blvd., Los Angeles, CA .90039. Contract Price: $1,200,750.00 Customer Contact Walt Hitch, Project Manager (562 )929 -0150 Customer Address: 12200 Bloomfield Avenue, Santa Fe Springs, CA 90670 Architect%ngineer. City of Los Angeles DBEC Job No: 6035 -4009 DBEC Performance Period: June 2004 —July 6, 2006 DBEC Customer. Archer Western Contractors, Ltd. Project Owner: Eastern Municipal Water District Project Title, Hemet Water Filtration Plant Project Description/Location: Provide and install electrical and instrumentation including electrical duct banks complete with excavation, rebar, backfill and concrete, electrical hand holes, manholes and pull boxes and appurtenant work. Project located at 1283 N. Kirby, Hemet, CA. Contract Price: $4,037,289.73 Customer Contact George Foote (951)537 -5500 Customer Address: 8775 Aero Drive, Suite 335, San Diego, CA 92123 ArchiteWEngineer. Carollo Enghteers DBEC Job No: 6035 -4014 DBEC Performance Period: December 2004 —April 2006 The information provided herein is confidential. By accepting the information, Owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 06/03/06 CA C.L. 273024 Page 1 of 3 From: + C94/2006 16:14 #026 P.004/023 DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Electrical Instrumentation and Controls Division DBEC Customer: Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact: Customer Address: Architeet/Engmeer. DBEC Job No: DBEC Performance Period: DBEC Customer: Project Owner. Project Title: Project Description4A)cation: Contract Price: Customer Contact: Customer Address: Architeet(Engineer: DBEC Job No: DBEC Performance Period: DBEC Customer. Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact: Customer Address: ArchitecNEngineer: DBEC Job No: DBEC Performance Period: Kiewit Pacific Co. City of Los Angeles D.C. Tillman Water Reclamation Plant — Nitrogen Removal Conversion W.O. SZD11127 & SZD11152 Provide demolition, furnish and istall electrical and instrumentation including fiunish, setting and testing of large VFD's and equipment enclosures, motors; installation of in -line instruments; three equipment enclosures, connection and testing and other appurtenant work.. Project located at 6100 Woodley Avenue, Van Nuys, CA 91406. $5,948,837.00 Thomas Baulisch (562)946.1816 10704 Shoemaker Avenue, Santa Fe Springs, CA 90670 City of Los Angeles 6035 -4004 May 2004 —June 2005 City of Los Angeles Department of Public Works Same Los Angeles / Glendale Water Reclamation Plant (LAGWRP) Backup Power (C1P -4114) Installation of a 2000 kw emergency backup generator with backup switchgear including slructuralleivil work. Project located at 4600 Colorado Blvd., Los Angeles, CA 90039 $909,000.00 Alfred Mata, Project Manager (310)648-6112 200 N. Spring Street, Rm. 335, City Hall, Los Angeles, CA 90012 City of Los Angeles Department of Public Works 6035 -4007 April 2004 — January 2005 J.R Filanc Construction Company, Inc. San Bernardino Valley Municipal Water District Foothill Pump Station Provide and install electrical and instrumentation. Project located 30447 Cone Camp Road, Highland CA 92346 $1,146,170.00 Mike.Monden, Project Manager (760)941 -7130 4616 North Avenue, Oceanside, CA 92056 Black and Veatch 6035 -4006 April 2004 — November 2004 The information provided herein is confidential. By accepting the information, Owner /Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confid=M and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 06105106 CA C.L. 273024 Page 2 of 3 Fran: • 004/2006 16:15 #026 P.005/023 DOTY BROS. EQUIPMENT CO., ( "DBEC') Project References Electrical Instrumentation and Controls Division DBEC Customer: City of Los Angeles Board of Public Works Project Owner Same Project Title: Construction of the Terminal Island Treatment Plant MTP) Emergency Backup Power (CIP -5136) W.O. SZT11164 Project Description&ocation: The Terminal Island Treatment Plant is the site of one of the world's most technologically advanced water reclamation treatment systems. Over the past 10 years construction has been ongoing in order to develop a facility that would include microfiltration followed by reverse osmosis technology. The 23M project is now completed, and provides the most advanced, new, conventional deep -water ocean outfall to discharge Terminal Island's secondary effluent The facility is now fully operational and is capable of processing 4.5 MGD. DBEC bid and was awarded the installation of the Emergency Backup Power portion of the project DBEC's work included replacing the existing single generator with two (2) generators providing 1500 KW of backup power each at 4160 volts. This work consisted of integrating temporary backup power to facilitate the removal of the existing generator in order to perform the upgrade. Backup power was maintained during all constriction ensuring that treatment of both domestic and industrial sewage continued without interruption, requiring the use of temporary generation that DBEC provided. Project located at 445 Perry Street, San Pedro, CA. Contract Price: $2,142,505.00 Customer Contact: Karen Dupree (213)580 -5013 Customer Address: 200 N. Spring Street, Room 355, City Hall, Los Angeles, CA 90012 Architect(Engineen City. of Los Angeles DBEC Job No: 6035 -3002 DBEC Performance Period: December 2003 — November 2004 The information provided herein is confidential By accepting the information, Owner /Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros Equipment Co., (2) hold tbe.information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 06/05106 CA C.L. 273024 Page 3 of 3 From: • 0 4/2006 16:15 #026 P.006 /023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Oil / Gas Division DBEC Customer. Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: Architect(Eagineer: DBEC Job No: DBEC Performance Period: DBEC Customer. Project Owner. Project Title: Project D&scription/Location: Contract Price. Customer Contact Customer Address: ArchitecUEngineer. DBEC Job No: D13EC Performance Period: DBEC Customer: Project Owner: Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: ArchitectlEngineer: DBEC Job No: DBEC Performance Period: City of Long Beach Same P.O. POEN05000006, Req. RQEN05000021, Abandon Line Abandon section of 12" natural gas main and inaccessible 12" natural gas valve under Ocean Blvd. between Pico Ave. and the Gerald Desmond Bridge, and install a replacement section of natural gas main, west of the Los Angeles River. $52,650.00 Stephen Bateman (562)570 -2000 2400 East Spring Street, Long Beach, CA City of Long Beach 2050 -5008 June 2005 ChevronTexaco Same Hawthorne Relocation Project, Service Order 4557862 Relocate and remove pipelines along Rosecrans Blvd. in El Segundo and Hawthorne. Work included installation of pipeline's for storm drain, offsets, routing of lines over storm drain, run construction pigs prior to tie -ins, remove' storm drain and piping interfering with route of lines and tie -ins. $2,913,82100 KeithHolfus (281)596 -3513 2811 Hayes Road, Houston, Texas 77082 ChevronTertaeo 207014155 July 2004 — April 2005 Advanced Engine Technologies Corp. (AETC) Orange County Sanitation District Turbocharger Modification and Emission Reduction Project, OCSD Contract J -79 Install piping from basement to turbo charge, insert flanged balancing valve into pipe, insert flanged balancing valve in JW header before the piping split and after turbo charger inlet supply take off, install coupling on new piping to prevent vibration, re- install instrtntentatioh as needed in compliance with OCSD specs, and Cooper off engine piping specs. Project located at OCSD, Fountain Valley, CA. $168,944.00 Joel Howerton (510)614 -6340 1655 Alvarado Street, San Leandro, CA 94577 Orange County Sanitation District 2077-4001 October 2004 — November 2004 The information provided herein is confidential. By accepting the information, Owner /Contractor agrees to (1) use the infommEtion.Only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest conhdencc, and (3) not use or disclose the infbrniation in any way adverse to Doty Bros. BViprnad Co., except as may be required by law. Rev. 08114106 CA C.L. 273024 Page 1 of 7 From: • (f4/2006 16:15 #026 P.007/023 DOTY BROS. EQUIPMENT CO., ( "DBEC') Project References Oil / Gas Division DBEC Customer: Southern California Gas Company Project Owner. Same Project Title: Retrofit Various Pipelines, Release Order No. 5500001535 (under BIanket Pipeline Transmission Agreement) Project DescriptionQ.ocarion: Retrofit operations on various transmission pipeline systems requiring demo work, excavation, out and remove lines and header piping, purging lines, seal weld abandoned lines, fabricate and hydrutest and install lauilcher and receiver valve assemblies and distribution valves with assoc. piping and fittings and all appurtenant work. Project located various sites, Los Angeles. Contract Price: $870,112.00 Customer Contact: Gary Rohrer (818) 701 -3223 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 Architect/Engineer: Southern California Gas Company DBEC Job No: 2050 -4047 DBEC Performance Period: May 2004 — October 2004 DBEC Customer: Southern California Gas Company ( "SCG') Project Owner. Same Project Title: Retrofit Line 2000, 2002 and 2003, Release Order 5500001491 (under Blanket Pipeline Transmission Agreement) Project Description/Location: SCG needed to retrofit their existing lines in several locations to receive a smart pig. (A smart pig is an instrument that is pushed by the product of the line; gas, at approx. 2 — 4 mph.) This allows SCG to examine the line for internal and external damage. The smart pig takes a reading of the wall thickness and pinpoints the location of any possible damage to the line. The retrofit project was necessary because the existing lines had fittings that were too short of a radius for the smart pig instrument to go through; in addition there were valves that required replacement. The work included upgrading stations where transmission and distribution lines intersected. This requited sensitive and accurate coordination so that no customer receiving gas would be interrupted of their service. The tie -in's for the new installations were done as hot tie -in's (gas pressure dropped and maintained at a controlled pressure, and the lines cut and welded in a "hot" condition.) The welding was 100% x -rayed and the lines were brought up to working pressure. DBEC then backfilled, restored the street, sidewalk, curbing, etc. back to original condition. Project located at various sites, in Pico Rivera, Montebello, CA. Contract Price: $879,298.82 Customer Contact Gary Rohrer (818)701 -4547 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 Architect/Engineer: Southern California Gas Company DBEC Job No: 2050 -4035 DBEC Performance Period: April 2004 — September 2004 The information provided herein is confidential. By accepting the information, Owner /Contractor agrees to (1) use the infomation only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14 /06 CA C.L. 273024 Page 2 of 7 From: • (154/2006 16:15 #026 P.008/023 DOTY BROS. EQUIPMENT CO., FI)BEC ) Project References Oil / Gas Division DBEC Customer. Weston Solutions, Inc. Project Owner. Air Force Cuter for. Environmental Excellence ( AFCEE) Project Tide. Installation of Pipeline Loops Project Description /Location: Install insulating flanges and loop lines on aviation fuel pipeline system. A challenge for this project included the necessary dewatering of the ditch. during high tide in order to continue performance and meet the project schedule. Hydrotested 4-000 If line running ac nogg the bay. Project located in San Pedro, CA. Contract Price: $502,124.00 Customer Contact: Brian Randall, Contract Administrator. (610)701 -7312 Customer Address: 1400 Weston Way, West Chester, PA 19380 Architect/Engineer: AFCEE DBEC Job No: 20704003 DBEC Performance Period: February 2004 — September 2004 DBEC Customer. The Port of Long Beach Project Owner: Same Project Title: Cerritos Channel Dike Oil Well Re•Abandonment, Pier S, Specification HD- 92191, Contract HD -6698 Project Description&4cation: Reabandon, cut and remove casings and piping from twenty -eight (28) previously abandoned oil wells located along the Cerritos Channel Dike. Project included change order work required due to previously undocumented and unknown site conditions including deteriorated and misplaced 'casings, and inaccurate plans. DBEC designed a custom fabricated "wash over" tool for use to remove cement from a steel casing that was discovered was cemented at a depth of 1851. This tool was also used to extract well casings and pipe to a depth of approx. 130 feet. During extraction, PGM -3 was pumped through the pipe and casings for compaction of casing and pipe void. Project located at Pier S, Berths S102 — S 110, Long Be" CA. Contract Price: $9,309,882.00 Customer Contact: D.A. Thiessen, Chief Harbor Engineer (562)437 -0041 Customer Address: P.O. Box 570, Long Beach, CA 90801 Architect/Engineer: The City of Long Beach DBEC Job No: 2070 -3036 DBEC Performance Period May 2003 —June 2004 The information provided herein is confidential. By accepting the information, Owner /Contractor agrees to (1) use the infbiwazion only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Itev. os /14/06 CA C.L. 273024 Page 3 of 7 From: • (f4/2006 16:15 #026 P.009/023 DOTY BROS. EQUIPMENT CO., ( "DBEC') Project References Oil / Gas Division DBEC Customer. Lomita Rail Terminal, LLC Project Owner. Same Project Title: Construction of Lomita Rail Terminal Ethanol Unloading Station Project Description/Location: DBEC built and timely completed the construction of the first Ethanol Railroad Unloading Station on the west coast, in Lomita, California, for Lomita Rail Terminal, LLC. With the change from MTBE additive to Ethanol in gasoline, there was a need to bring Ethanol into the Los Angeles basin is large quantities. The product is manufactured in the Midwest and brought in on rail. DBEC constructed the new terminal that has the capacity to unload 96. rail ears in a 24 hour period. The product is unloaded into two turbine pumps . and sent to Shell Terminal in Carson, CA to be stored in tanks as the new additive for gasoline. DBEC was instrumental in assisting the owner and architect/engineer in developing the scope changes necessary in order to meet the code requirements of the city, which was accomplished during construction, yet there was no delay to the completion of the project. The project incorporated civil, process mechanical and electrical work. Contract Price: $12,500,000.00 Customer Contact: Michael R. Curry (28I )291 -0510, (816)5245774 Customer Address: 5100 Underwood Road, Pasadena, Texas 77507 Ar+chibectTinginees: Spec Services DBEC Job No: 2070 -3023 DBEC Performance Period: March 2003 — June 2004 D13EC Customer. Southern California Gas Company Project Owner. Same Project Title: Transmission Piping, Release Order 5500001268 (under Blanket Pipeline Transmission Agreement) Project Description: Project bid and 'awarded originally for the installation of approx. 360' of 30" casing, and 340' of 20" pipe, and abandon old pipeline. Due to unforeseen changes in the scope of work, change orders included jack-bore in Ventura under the freeway, and umnticipated directional drilling obstructions. Contract Price: $1,061,109.00 Customer Contact Jim Reed, Project Manager (818)700 -3892 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 Architect/Engineer. Southern California Gas Company DBEC Job No: 2050 -3065 DBEC Performance Period: September 2003 — April 2004 The information provided herein is confidential. By accepting the information, Owner/Contracwr agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14106 CA C.L. 273024 Page 4 of 7 From: 0 C04/2006 16:16 #026 P.010/023 DOTY BROS. EQUIPMENT CO., ("DBEC ") Project References Oil / Gas Division DBEC Customer: Shaw Environmental, Inc. Project Owner. United States Army Corps of Engineers ("USACF ) Project Title: Prime Contract No. DACA45 -98 -D -0003, General Construction Services for Pipeline Repair, Defense Fuel Supply Point, Point Loma Fleet Industrial Supply Center; P.O. 218406 OP Project Description/Loeation: Complete pipeline and site preparation for removal and replacement of valves at various vaults of the 8" fuel line connecting the Point Loma and Miramar fuel farms; including abandonment of valve, rework piping to raise valve to Project Title: above ground status in order to return the pipeline to operation for deliver of Project Description: fuel to MCAS Miramar and Point Loma fuel farms, San Diego, CA. Contract Price: $325,778.67 Customer Contact: Frank Magaro (619)533 -7307 (corporate (412)380-4288) Customer Address: 1230 Columbia Street, San Diego, CA 92101 (corporate, 2790 Mosside Blvd., Monroeville, PA 15146) Architect/Engineer: MACE DBEC Job No: 2070 -3079 and 2070 -3064 DBEC Performance Period: July 2003 — November 2003 DBEC Customer: Varee (formerly Endress & Hauser Systems & Gauging, Inc.) Project Owner: Subcontract with customer represents terms and conditions applicable for work performed under two owner contracts between Varec and its customer, the federal government, under GSA Contract GS -lOF -0364 BPA SP0600-02- A- 5210; and BPA - 5210 -09. These contracts support work that DBEC has performed at the Point Loma Defense Energy Support Center (DESC); DESC Travis Air Force Base; DESC MCAS Miramar, Defense Fuel Supply Point (DFSP) San Pedro. Project Title: Various, see below Project Description: DBEC has performed various tasks via Purchase Orders issued for work bid and awarded; at the various above listed locations. The work has included, but is not limited to the following projects: (i) Install Velcom Pressure Vessel on DFM Pipeline; (ii) Repair High Speed Fueling Pit #1 at MCAS; (iii) Install Valves and Electrical at DFSP San Pedro; (iv) FS11 Tank Repairs and Upgrades Point Loma Contract Price: DBEC has contracted and performed work during the term of its agreement totaling approx. $2,000,000.00 Customer Contact: Marty Favero (contract administration) (770)810 -9336 Customer Address: 5834 Peachtree Corners East, Norcross, Georgia 30092 ArchiteedEngineer: Various DBEC Job Nos: Multiple, various DBEC Performance Period: Performance from contact effective date of September 27, 2002 through December, 2004 The information provided herein is confidential. By accepting the information, Own&Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 5 of 7 From: i *4/2006 16:16 #026 P.011/023 DOTY BROS. EQUIPMENT CO., ("DBEC"). Project References Oil / Cyas Division DBEC Customer. Roberts & Schaffer Project Owner: Oxbow Carbon and Minerals LLC Project Title: Petroleum Coke Storage Facility Project Description: Oxbow Carbon is the nation's leading exporter of petroleum coke through the Port of Long Beach, moving over 2M tons annually, and the Los Angeles Export Terminal (LAXT) is the leaseholder operating this facility on Terminal Island in San Pedro, CA. DBEC as a subcontractor to Roberts and Schaffer constructed 65% of the Petroleum Coke Storage Facility, providing the concrete foundations for the petcoke storage building, concrete foundations for the truck dump, reclaim feeder, conveyor transfer towers, conveyor bent foundations, conveyor 5 transfer station footings construct the truck dump retaining wall, MCC equipment pads, install underdrain piping including HDPE piping, remove and relocate D.I. water piping and install the 24" culvert Contract Price: $1,625,000.00 Customer Contact: Brad Babcock (310)519 -1130 Customer Address: 5225 Wiley Post Way, Ste. 300, Salt Lake City, Utah Architect/Engineer- Roberts & Schaffer DBEC Job No: 2010-1004,2010-1005 DBEC Performance Period: October 2001 —January 2002 DBEC Customer. Wilbros Engineering Project Owner: U.S. Department of Defense, Defense Energy Support Center (DESC) Project Title: Automated Fueling Facility Project Description: The overall project was awarded to Wilbros for the design, installation, commissioning, operation and maintenance of one fueling point on the U.S. Marie installation near 29 Palms, California. The facility has the capacity to store 475 bbls of bio- diesel fuel, 1,400 bbl of JP -8 fuel for ground vehicle use and 570 bbls of unleaded gasoline. The site is capable of fueling 50 wheeled vehicles per hour with tank capacities up to 100 gallons plus eight tracked vehicles per hour. As subcontractor, DBEC constructed the project consisting of a loading facility to fill tankers, a control building to house electronic equipment, air compressor, small workshop and an office, installed double - walled fiberglass, underground storage tanks that are equipped with leak detection systems, inventory control measuring equipment and submergible pumps, four JP -8 dispensers for wheeled vehicles, two biodiesel dispensers and four unleaded gasoline dispensers and a canopy network covering all dispensers, bulk loading points and the building. DBEC subcontracted the backup, alternator and battery backup system portion of the-project. Contract Price: $1,650;000.00 Customer Contact: Jim Ault (918)496-0400 Customer Address: 2087 East 71 Street, Tulsa, Oklahoma 74136 ArchitectTaugineer: Wilbros Engineering DBEC Performance Period: July 1999 — June 2000 The information provided herein is confidential. By accepting the information, owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L 273024 Page 6 of 7 From: • 04/2006 16:16 x'026 P.012/023 DOTY BROS. EQUIPMENT CO., ("DBEC ") Project References Oil/ Gas Division The below two projects were performed under separate contracts with the owners listed, but in conjunction with each other, as the project specification/description will explain. The performance period for both of these jobs was from winter of 2000, and completed in 2001; overall performance period of five (5) months collectively. DBEG Customer. Tosco Project Owner: Same Project Title: 42" Pipeline Relocation Project Description: Relocate 4800' of 42" crude oil line. The line was relocated and removed to allow for the future restructure of Pier `S' for container storage. The new section of line was laid and. tied -in after the existing line was pigged, removing the product. One new section of the 42" line was concrete coated after it was laid to prevent floatation when the line became empty. The job was'preformed on schedule and without any safety incidents. Contract Price: $2;300,000.00 Customer Contact: Bill Orr (310)326 -7561 Customer Address: 2650 West Lomita Blvd., Torrance, CA Architect(Engineer: SPEC Services DBEC Customer: Southern California Edison Project Owner. Same Project Title: Pier S Pipeline Relocations Project Description: Relocate 2300' of twin 24" crude oil lines and construct mechanical piping and equipment pads. The 24" relocation was also done to accommodate the Pier 'S' restructure. The 24 "line, after it was laid, was tied -in to the Edison facility. This required above ground piping and insulation of the piping and valves. The job was preformed within Southern California Edison's schedule. Contract Price: $1,300,000.00 Customer Contact: Dave Nicholson (310)223 -1918 Customer Address; 2500 E. Victoria St., Compton, CA Architect/Engineer: Southern California Edison The information provided herein is confidential. By accepting the information, Owner/Contractor agrees to (1) use the information only for purposes of evabiano the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information m any way adverse to Doty Bros Equipment Co., except as may be requited by law. Rev. 08/14/06 CA C.L. 273024 Page 7 of 7 From: 0 1/2006 16:16 4026 P.013/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Underground Division The Underground (utility) Division of DBEC performs a significant portion of its work for customers with which it maintains blanket or term contracts. The first three of the below listings represent just such contracts. Work for each of these customers is bid, and if award is made, it is performed under the terms of the current contract. The contract price listed represents an average of the value of the work performed on an annual basis. DBEC Customer: City of Los Angeles Department of General Services Project Owner. Same Project Title: Supply Contract Number 57452, Installation of PVC Conduits Project Description/Location: Various, Los. Angeles Contract Price: $1,300,000 annually Customer Contact: Jackie G. Antonio, Procurement Analyst (213)847 -0723 Customer Address: Room 110, City Hall South, 111 East First Street, Los Angeles, CA 90012 Architect/Engineer: City of Los Angeles DBEC Job No: Various DBEC Performance Period: 1994 - Current DBEC Customer. SBC Project Owner: Same Project Title: Outside Plant Labor/Engineering Services, Contract 1058PB Project Description/Location: Various, Southern California Contract Price: . $2,000,000 annually Customer Contact: LJC (Lana) Bess, Technical Manager (9117972 -3771 Customer Address: 3707 Rings Way, Room C33A, Sacramento, CA 95851 Architect/Fmgineer. SBC DBEC Job No: Various DBEC Performance Period: August 1988 — Current DBEC Customer: Verizon Project Owner: Same Project Title: Outside Plant Services Project Descnption/Location: Various, Southern California Contract Price: $1,000,000 annually Customer Contact: Bill Warren, Contract Administration Customer Address: 11 S. 0 Street, Redlands, CA Architect/Engineer: Verizon DBEC Job No: Various DBEC Performance Period: 1988 - current The information provided herein is confidential. By accepting the reformation. Owne r/Omm -attar agrees to (1) use the information only for purposes of evaluating the bid submittal by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) cot use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08114106 CA C.L. 273024 Page i of From: 0 081/2006 16:16 M P.014/023 DOTY BROS. EQUIPMENT CO., ( "DBEC Project References Underground Division DBEC Customer: Palp, Inc., dba Excel Paving Company Project Owner: City of Los Angeles Board of Public Works Project Title: EDA Chandler Blvd. and Lankershim Blvd. Widening, W.O. E1904193 Project Description/Location: Installation of underground conduit and vaults including trenching, casing conduits, provide and install manholes. Project located in the City of Los Angeles, on Chandler Blvd. between Vineland and Lankershim Blvd. Contract Price: $711,883.00 Customer Contact: Bob Pace (562)599 -5841 Customer Address: 2230 Lemon Avenue, Long Beach, CA 90806 Architect/Engineer: City of Los Angeles DBEC Job No:. 4030 -5084 DBEC Performance Period: July 2005 — December 2005 DBEC Customer. Webcor Builders Project Owner. Beverly Hills Luxury Hotels, LLC Project Title: Montage Hotel, Public Gardens, Residences and Parking Development, Project Description/Location: Subcontract No. 64502002600A "Oct DescaiptiowLocation: Install all power (SCE), telephone (SBC) and CATV relocation including Customer Contact: conduit banks, vaults, manholes, handholes, lids and materials. Project Customer Address: located in Beverly Hills, CA. Contract Price: $475,540.00 Customer Contact: Tim Maxwell (213)239 -2800 Customer Address: 951 Mariners Island Blvd., 7fh Floor, San Mateo, CA 94404 Architect/Engineer. Hill Glazier Architects DBEC Job No: 4030 -5088 DBEC Performance Period: July 2005 — March 2006 DBEC Customer: City of Laguna Beach Project Owner. Same Project Title: Underground Utility Assessment Districts 99 -02 and 99-04 Project Description/Location: Install underground utilities. Project located in Laguna Beach, CA Contract Price: $2,750,000.00 Customer Contact: Joe Chiquete, Project Manager (949)497 -3311 Customer Address: 505 Forest Avenue, Laguna Beach, CA 92651 Architect/Engiuea• City of Laguna Beach DBEC Job No: Various DBEC Performance Period: April 2003 — Current The information provided herein is confidential. By accepting the information, OwnedContractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 2 of 3 From: 0 001/2 16:17 #026 P.015/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Undergryund Division DBBC Customer. Rudolph and Sletien, Inc. Project Owner. CIM / Pico, L.P. Project Title: Midtown Crossing Project (multiple phases), R&S Job 2894 Project Descriptiona- ocation: DBEC is providing subcontract support, contracted separately for each phase Project Description/Locatiow of construction of the Midtown Crossing Project. Project is a commercial development including the construction of an MTA bus terminal facility. DBEC is providing site utilities and installing 4000 if of pipeline; manhole structures and catch basin. Project located in Los Angeles, CA. Contract Price. $1;000.000.00 (two subcontracts) Customer Contact: Thomas Gibbons (323)857 -6337 Oobsite phone) Customer Address: 989 East Hillsdale 131vd., Ste. 100, Foster City, CA 94404 Architeet/Engineer: Perkowitz & Ruth Architects DBEC Job Nos: 50904017,5075-5003 DBEC Performance Period: November 2004 — January 2006 DBEC Customer. ABB, Inc. Project Owner. City of Burbank Project Title: (i) Hollywood Way Off Ramp and Switching Station, (ii) Verdugo (Capon) Switching Station Project Description/Locatiow DBEC supported both of these projects as a subcontractor for each providing all structutai concrete work, conduit, duct banks, cable trench and vaults for new switching stations, and on project (i), re-routed the freeway offiamp and built retaining wall. Projects located in Los Angeles at project title locations. Contract Price: $5,616,251.00 combined Customer Contact: Robert McCorkle, Project Manager (919)856 -3930 Customer Address: 940 Main Campus Drive, Suite 400, Raleigh, North Carolina Architect/Engineer. Duke Engineering Services DBEC Job Nos: 5030 -1036, 5010-4003,5010 -2046,5010-2038,4030-2214,4030-1018,4020- 2138 DBEC Performance Period: January 2003 — July, 2004 DBEC Customer: CH2M Hill Project Owner. United States Environmental Protection Agency (USE PA) Project Title. Whittier Narrows Ground Water Treatment Facilities Project Description/Location: . Multi - Divisional project, DBEC's scope of work included civil, process mechanical and electrical work including 5 mi. of 24" pipeline, installation of electrical/telemetry systems, well conditioning and appurtenant work for a total subcontract price of 1 LSM. DBEC's -work was - performed.over. a three year period, from 2001 to 2003. This project was contracted by the USEPA, therefore required compliance with strict federal guidelines. Contract Price: $11,000,000.00 Customer Contact: Leliani Tedeski, Leilani.Tedeski@ch2m.com Customer Address: 3 Hutton Centre Drive, Santa. Ana, CA Architect/Engineer: CH2M Hill DBEC Job No: 5090 -1014, 5075 -2029, 5075 -1035, 4030 -1083, 4030 -1079 DBEC Performance Period: 2001 — 2003 The information provided herein is confidential. By accepting the mfomaatior6 Owner /Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bans. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information m any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 3 of 3 Fran: • 01/2006 16:17 #026 P.016M DOTX EROS. EQUIPMENT CO., ( "DDEC ") Project References Water / Wastewater Divisions DBEC Customer: Atlas Underground, Inc. Project Owner: City of Los Angeles Project Title: Pipe Burst Sewer Line Project Description/Location: Replace 80' of 8" sewer with 10" HDPE in the parkway under the railroad tracks by pipe bursting method with static-pull, using a hydraulic 'Vermeer 125 machine. Project located on 1098 Street, Compton, CA. Contract Price. $18,000.00 Customer Contact Hector Loya (909)622 -7174 Customer Address: 1295 S. East End Street Pomona, CA 91766 Architect/Engineer: City of Los Angeles. DBEC Job No: 1075 -5064 DBEC Performance Period: July 2, 2005. — July 13, 2005 DBEC Customer: City of San Juan Capistrano Project Owner: Some Project Title: Well Site No. 5 — Creek Crossing Project Description/Location: Emergency dnwftonal bore under the creek crossing, installing 1100 If of 16" O.D. I1DPE, 30' in depth. Challenges sktllfully met in order to perform the project were due to the location of the work, in the wetlands, and parallel to horse stables. A temporary sound wall was required to be constricted in order to avoid disturbing the horses. Contractual performance was established at 90 days, and DBEC completed the project in. 60. DBEC provided coordinated as- bunts to assist the City in producing the final drawings. Contract Price: $497,500.00. Customer Contact Eric Bauman, Water Engineering Manager (949)493 -1171 Customer Address: 32400 Paseo Adelauto, San Juan Capistrano, CA 92675 Architect/Engineer. City of San Juan Capistrano DBEC Job No: 1075 -5017 DBEC Performance Period February 2005 — March 2005 DBEC Customer: Rudolph and Sletten, Inc. Project Owner: CIM / Pico, L.P. Project Title: Midtown Crossing Project (multiple phases), R&S Job 2894 Project Description/Location: DBEC is providing subcontract support, contracted separately for each phase of construction of the Midtown Crossing Project Project is a commercial development including the construction of an MIA bus terminal facility. DBEC is providing site utilities and installing 4000 If of pipeline, manhole structures and catch. basin. Project located .in7xisAngeles,.CA -... ._._. Contract Price: $1,000.000.00 (two subcontracts) Customer Contact: Thomas Gibbons (323)857 -6337 Gobsite phone) Customer Address: 989 East Hillsdale Blvd., Ste. 100, Foster City, CA 94404 Architect/Engineer: Perkowitz & Ruth Architects DBEC Job Nos: 50904017,5075-5003 D13EC Performance Period: November 2004 — January 2006 The Mormation provided herein is confidential. By accepting the information, Owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidenm and (3) not use or disclose the information in anyway adverse to Doty Bros. Equipment Co., except as maybe required bylaw. Rev. 004/06 CA Cl- . 273024 Page 1 of 7 From: • 01W/2016 16:17 #026 P.017/023 DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Water / Wastewater Divisions DBEC Customer: South Coast Water District Project Owner. Same Project Title: San Juan Creek Property — Phase I Site Improvements Project Description/Location: Site preparation for desalinization plant including introduction of prototype method for the installation of 800 stone columns, implemented for this project for the fast time in the United States. Columns were installed to produce soil densification, and mitigate risks associated with liquefaction. A particular Contract Price: challenge during performance of this project was the necessity to move over Customer Contact: 100,000 c.y. of dirt onsite, and perform a significant portion of the work Customer Address: during off-season and unexpected bad weather, at minimal cost to the client Architect/Engineer. while maintaining the project schedule. Project located in Dana Point and DBEC Job No: Laguna Beach, CA. Contract Price: $3,648,804.00 Customer Contact: Robert W. Clark, P.E., Construction Manager (949)199 -4555 Customer Address: 31592 West Street, Laguna Beach, CA 92651 Architect/Engineer: Tetra Tech, Inc. DBEC Job No: M804030 DBEC Performance Period: October 2004 — June 2006 DBEC Customer: California American Water Project Owner Same Project Title: LA -0-104 Mt. Vernon Gradient Pressure Improvements Project Doscription/Looetion: Installation of approx. 6,000 if of 8" — 12" pipe for relocation of water and sanitary sewer lines, including valve abandonment and installation, main connections, paving, and installation of pressure regulators and meter boxes. Project located in Southern Division, Los Angeles County Contract Price: $718,502.70 Customer Contact: Raul Saenz, Operations Manager (626)614 -2535 Customer Address: 8657 Grand Avenue, Rosemead, CA 91770 Architect/Engineer. California American Water DBEC Job No: 1075 -4915 DBEC Performance Period: December 2004 — June 2005 DBEC Customer: Project Owner: Project Title: Project Descriptionl ocation: Contract Price: Customer Contact: Customer Address: Architect/Engineer: DBEC Job No: DBEC Performance Period: Walnut Valley Water District Same Replacement of Portion ofNo. Side Line (Phase 1), W.O. 03-2784 Install 24" main. Project located in the City of Industry, CA. $332,451.00 Erik lEtchman, General Manager (909)595 -1268 271 S. Brea Canyon Road, Walnut, CA 91789 Walnut Valley Water District 1075 =4895 September 2004 — November 2004 The information provided herein is confidential. By accepting the information, Owner /Contractor agrees to (1) use the mfonoation only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 2 of 7 From: • 112006 16:17 #026 P.018/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Water / Wastewater Divisions DBEC Customer: South Coast Water District Project Owner: Same Project Title: Dohney Park Road Fire Flow Protection Project Description/Location: Install approx. 1,600 If of 6" — 8" PVC C900 Class pipe, and 100 If of DI pipe; jack in place ppe, install 19 wedge gate valves, fire hydrant, I" — 2" copper water service, 20' of CML&C pipe, meter vault, and appurtenant work. Project located in Dana Point and San Juan Capistrano, CA Contract Price: $757,471.00 Customer Contact: Robert W. Clark, Project Engineer/Construction Mgr. (949)499.4256 Customer Address: 31592 West Street, Laguna Beach, CA 92651 Architect/Engineer: South Coast Water District DBEC Job No:. 10754899 DBEC Performance Period: September 2004 — April 2005 DBEC Customer. Moulton Niguel Water District Project Owner: Same Project Title: Recycled Water Moratorium Pipelines, Contract 2003.035 Project Description /Location: Furnish and install approx. 5,000 If PVC C -Class recycled water pipelines and all appurtenant work. Project located in Aliso Viejo and Laguna Niguel, CA Contract Price: $635,746.00 Customer Contact: All Caperton, Engineering Assistant (949 )425 -3532 Customer Address: 27500 La Paz Road, Laguna Niguel, CA 92677 -3489 Arcbitect/Engineer: CGvL Engineers DBEC Job No: 1075 -4682 DBEC Performance Period: June 2004 — September 2004 DBEC Customer. Black & Veatch Construction, Inc. Project Owner. Inland Empire Utilities Agency, ("IAUA') Project Title: IEUA Regional Plant No. 4 Pipeline Inspection Modifications Project Description/Location: IEUA needed t have several of the existing 42" outfall pipeline joints welded because they were structural joints subject to expansion and movement. DBEC located existing manholes, and excavated and evacuated the line of water. We then entered the 42" line using recovery equipment and air blowers. The concrete at the existing joints was removed and the joint was welded. After the welding, the joint was cement coated to the existing condition. The manholes were reinstalled, backfilled and paved. Project located in Rancho Cucamonga, CA. Contract Price.. $45,777.00 Customer Contact: Frank Spiezio (913)158 -2000 Customer Address: 11401 Lamar Avenue, Overland Park, Kansas 66211 Architecfi/Bnginew: IAUA DBEC Job No: 2070 -4010 DBEC Performance Period: February 2004 — April 2004 The information provided herein is conndemlal. By accepting the information, Owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273021 Page 3 of 7 From: • 0 !/2006 16:18 4026 P.019/023 DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Water / Wastewater Divisions DBEC Customer. City of Azusa Light and Power Project Owner. Same Project Title: Gladstone Street 20" Water Linc/Slip Line Project Description/Location: Installation of 11,000 If of 20" DSR- II -HDPE water main. Project located on Project Description/Location: Gladstone St., Azusa, CA - Contract Price: $1,200,000.00 Customer Contact: Chet Anderson (626)812 -5208 Customer Address: 729 N. Azusa Ave, Azusa, CA Architect/Engineer: City of Azusa DBEC Job Nos: 1075 -3504, 1075 -3715, 1075 -3939 DBEC Performance Period: May 2003 — January 2004 DBEC Customer: South Coast Water District Project Owner. Same Project Title: Pacific Coast Highway Sewer Force Main and Gravity Sewer Main Rehabilitation Project Description/Location: Install 10" PVC gravity sewer by jack and bore, install DI pipe, abandon sewer main, abandon main, install PVC liner, install manholes, excavation, backfill, removelieplace concrete/asphalt, potholing, landscaping, traffic control. Project located in Laguna Beach, CA. Contact Price: $480,278.00 Customer Contact: Joseph L. Boyle, Project Engineer Customer Address: 31592 West Street, Laguna Beach, CA 92651 Archite6UEngineer: South Coast Water District DBEC Job No: 5080 -3012 DBEC Performance Period: April 2003 — October 2003 DBEC Customer. Suburban Water Systems Project Owner. Sam e Project Title: Construction of a Domestic Water Well Equipment Building, SWS WO 02- 1208 Project Description/Location: Contact pump equipment bldg., including concrete, electrical, plumbing, etc., pump base, onsite instrumentation and electrical, well discharge pipe, landscaping. Project located at Plant 142, 1331 W. Vine Ave., West Covina, CA. Contract Price: $398,447.00 Customer Contact: Michael E. DeGheto, P.E. (626)543 -2500 Customer Address: 121,1, E. Center Court Drive, Covina, CA 917243603 Architect(Eagineer: Suburban Water Systems DBEC Job No: 1075 -3316 DBEC Performance Period: April 2003 — February 2004 The information provided herein is confidential. By accepting the information, OwnedCootfwwr agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, end (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14106 CA C.L. 273024 Page 4 of 7 From: • 00/20G6 16:18 #026 P.020/023 DOTY BROS. EQUIPMENT CO., ("DBEC ") Project References Water / Wastewater Divisions DBEC Customer: Boeing Realty Corporation, (`BRC ") Project Owner. Same Project Title: Project 050260 -01, Huntington Beach — McDonnell Business Center Project Description/Location: Gravity and forced sewer lines and lift station installation. Project located at Project Description/Location: Boeing, Huntington Beach, CA Contract Price: $1,219,250.00 Customer Contact: Mario Stavale, BRC Project Manager (562)593 -8143 Customer Contact: (C.M.. Blair Fickett, Project Dimemsions, Inc., (949)176 -2246) Customer Address: 15480 Laguna Canyon Road, Ste. 200, Irvine, CA 92618 Architect/Engineer. Boeing Realty. Corporation DBEC Job No: 5080 -3021 DBBC Performance Period: February 2003 — September 2004 DBEC Customer. Vintage Petroleum Project Owner. Same Project Title: 8" West Gas Line -Project Description/Location: Installed 10,000 If of 8" wet SDR 32.5 gas line with HDPE, light fit, using Project Description/Location: subline method in accordance with DBEC's Subterra license. Project located on South Mountain and Torrey, Piru, CA. Contract Price: $528,376.00 Customer Contact: Lyn Fees (918)878 -5494. Customer Address: 110 West Seventh Street, Tulsa, OK Architect/Engineer Vintage Petroleum DBEC Job No: 1050 -3001 DBEC Performance Period: February 2003 — May 2003 DBEC Customer: ABB, Inc. Project Owner. , City of Burbank Project Title: (i) Hollywood Way Off Ramp and Switching Station, (ii) Verdugo (Capon) Switching Station Project Description/Location: DBEC supported both of these projects as a subcontractor for each providing all structural concrete work, and on project (i), re -routed the freeway offramp and built retaining wall. Projects located in Los Angeles at project title locations. Contract Price: $5,616,251.00 combined Customer Contact: Robert McCorkle; Project Manager (919)856 -3930 Customer Address: 940 Main Campus Drive, Suite 400, Raleigh, North Carolina . Architect/Engineer: Duke Engineering Services DBEC Job Nos: 5030 -1036, 5010- 4003, 5010-2046, 5010 -2038, 4030 -2214, 4030 4018, 4020- 2138 DBEC Performance Period: January 2003 —July, 2004 The information provided herein is confidential. By accepting the_roformatioo, Owner /Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Bquonent Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 5 of 7 From: • 0 !/2006 16:18 #026 P.021/023 DOT'Y BRO& EQUIPMENT CO., ("DBEC") Project References Water / Wastewater Divisions DBEC Customer: PCL Construction Services, Inc. Project Owner. General Mills Operations, Inc. Project Title: Project SHAQ Project Description/Location: Installed site utilities including fire water, domestic water, sanitary sewer, storm drainage and process sewer systems. Project located at 1055 East Contract Price: Customer Contact Customer Address. ArchitectMzigineer. DBEC Job No: DBEC Performance Period: DBEC Customer: Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: ArchiteWF,ugineer.. DBEC Job No: DBEC Performance Period DBEC Customer. Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: AmhitectlEngineer. DBEC Job No: DBEC Performance Period: Sandhili Road, Carson, CA 90746. $1,905,966.00 Paul Kruger, Project Manager (952)882 -9600 12200 Nicollett Avenue South, Burnsviffe, MN 55337 Washington Group International 5075 -3005 January 2003 — July 2004 City of Ontario Same Compressed Natural Gas (CNG) Fueling Facility at the Public Works Agency Service Center, Contract No. UT 0102 -03 Install one 300 scfin gas compressor, one 250 kw natural gas driven engine generator, 1,704 If of 1" compressed natural gas piping, 10 dual hose slow fill bank at school site, modify existing on -site slow fill bank, modify existing CNG. dispensing islands, modify electrical controls, remove and restore existing pavement and all other appurtenant work. Project located at Public Works. Agency Service Center, San Bernardino County, CA. $1,019,976.00 Fernando E. Cobos, Utilities Project Manager (909)395 -2600 1425 S. Bon View Avenue, Ontario, CA 91761 -4406 CGvL Engineers 5050 -2028 May 2002 —July 2003 CH2M Hill United States Environmental Protection Agency (USEPA) Whittier Narrows Ground Water Treatment Facilities Multi- Divisional project; DBEC's scope of work included civil, process mechanical and electrical work including 5 mi. of 24" pipeline, installation of electricalltelemetry systems, well conditioning and appurtenant work for a total subcontract price of 11.5M. DBEC's work was performed over a three year period, from 2001 to 2003. This project was contracteTiKthe, USEPA,_- therefore required compliance with strict federal guidelines. $11,000,000.00 Leliani Tedeski, LeilaM.Tedeski @ch2m.com 3 Hutton Centre Drive, Santa Ana, CA CH2M Hill 5090 - 1014,5075. 2029,5075 - 1035,4030- 1083,4030 -1079 2001 — 2003 The information provided herein is confidentiaL By accepting the information, Owner /Contractor agrees to (1) we the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required-by law. Rev. 08/14/06 CA C.L. 273024 Page 6 of 7 From: 0 014/2006 16:18 #026 P.022/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Water / Wastewater Divisions DBEC Customer. Califomia American Water — L.A. Division Project Owner. Same Project Title: Mount Vernon Gradient 11 Streets in Baldwin Hills Project Description/Location: Installation of water mains in various Iocations in Baldwin Hills Contract Price: $718,502.70 Customer Contact: Jay Burnett, (626) 614 -2535 ext. 27 Customer Address: P.O. Box 5087, Mt. Laurel, NJ 08054 -1108 Architect/Engineer. DBEC Job No.: 1075 -4915 DBEC Performance Period: January, 2005 — November 2005. DBEC Customer: Southern California Edison Project Owner. Same Project Title: MVL — Wastewater Pipeline Rehabilitation Project Description/Location: Rehabilitation and Repair of 12" Wastewater Line. Mountainview Power Plant, San Bernardino, CA Contract Price: $1,533,480.01 Customer Contact: Jerry Evelyn, (626) 302 -5278 Customer Address: P.O. Box 800, 8631 Rush Street Rosemead, CA 91770 Architect/Engineer. DBEC Job No: 1075 4903 DBEC Performance Period: 9/7104 — 5118/05 . The information provided herein is confidential. By accepting the information, Owner/Contractor agrees to (i) use the information only for purposes of evaluating the bid submitted by Doty Bros. Bgttipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros, Equipment Co., except as may be required by law. Rev. 08/14106 CAC.L.273024 Page 7 of 7 From: , (4/2006 16:18 #026 P.023/023 Doty Bros. Equipment Co., . ("DBEC) maintains blanket or term contracts with many municipalities and private customers, including some projects involving federal government contract work. These contracts are established for the convenience of the customer, and allows the customer to contact us for responses and provision of our service without the additional burden of evaluation and negotiation of terms, which are pre - established and in place. Some of these contracts are for the provision of emergency services, and our customers depend on a timely response. Some of those companies are listed below. Apple Valley Ranchos Water Co. AT &T Corporation BP West Coast Products LLC California Water Service Co. Cape Environmental, Inc. Chino Hills; City of Cucamonga County Water District Disneyland Resort Egailon Enterprises, LLC (SHELL) Global Crossing Telecommunications, rnc. Kerr -McGee Corporation Kinder Morgan (SFPP, LP/SPPL) Knott's Berry Farm, A Cedar Fait' L.P. Park Laguna Beach County Water District Los Angeles, City of Department of General Services MCI Piuchasing, LLC Mesa Consolidated Water District Norwalk City of Orange County Water District Santa Ana, City of Santa Clanta, City of SBC West Sempra Energy Southern California Water Company Sprint United Management Co. STC Netcom, Inc. Suburban Water Systems Tidelands Oil Production Co. Vintage Petroleum, Ind, Walnut Valley Water District The information provided herein-is conadeadal. By accepting the information, Owner/Contractor agrees to (1) we the Information only for purposes of waluadag the bid submitted by Doty area. Equipment Co., (2) hold the information in strictest confident, and (3) not use or disclose the information in anyway adverse to Doty Bros. Equipment Co., e:ceptas may be required bylaw. (11".0WIM 0 CA C.L. 273024 DOTY B S ® N Construction Company XHIBff Ir COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2066 TO JUNE 30, 2067 Apprentice Rates: Apprentice rates as fisted above are the highest classification prior to journeyman furl scale rates. BMng rata for Apprentice will be based an actual classification. Subsistence: $65.00fday Travel Time: Customer will be advised ttravel time is applicable Overtime Rates: Ad hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. Far Operating Engineers- first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call outwork" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel cosh), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kem and In addition Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas band, Catalina Island, Sat Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacepa Island, including the Channel Islands Monument Rate Scale does not include Sat Diego County. NOTE: Wage scales are in accordance with Associated General Contractors Master Labor Agreement, and are subject to change without notice. This rate sheet is not all Inclusive; additional classifications available If required. (v20) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMANICLASS CODE TIME TIME TIME CRAPTSMANXLASS CODE 77ME TIME TIME CARPENTERS OPERA77NG ENGINEERS General Foreman CGF 74.24 104.03 133.81 General Foreman, Appd L A OGF 81.80 111.81 141.83 Foreman CFM 70.91 99.02 127.14 Foreman, Appck A OFM 79.29 106.08 136.82 Journeyman CJM 67.57 94.02 120.47 Group 1, Appdx. A- Oder 001 71.97 97.08 122.18 Shingler CSJ 67.79 94.34 120.80 Group 2, At prix. A - Oder OG2 73.28 99.03 124.79 Apprentice - 8th Period (90 %) CAB 6228 86.09 108.88 Group 8, AppcbL A - Universal 008 76.80 104.31 131.82 Group 10, Appd L A - Mechanic OGA 77.00 104.61 132.23 Group 8, Appdx. B - Crane < 25 Tons 088 77.28 105.03 13279 MILLWRIGHTS Group 9, Appdx S- Crane >25 Tons 089 77.57 105,47 138.35 General Foreman CMG 75,08 105.27 135.48 Apprentice, Grp 6, Appdx A- Step 6 (90%) OA6 72.36 98.37 124.36 Foreman CMF 71.75 100.27 128.61 Journeyman CMJ 66.41 9527 12213 Apprentice - 8th Period (95 %) CM8 65.60 91.13 116.64 U.A. PIPERTTERSANELDERS INDUSTRIAL General Foramen IGF 85.43 119.54 150.60 CEMENTMASONS Foreman IFM 80.13 111.59 140.17 Foreman MFM 67.50 89.60 111.69 Journeyman - Welder/Fi ter UM 72.12 99.58 124.44 Journeyman MJM 64.89 65.85 100.69 Apprentice - Fifth Year Vt5 57.96 80.27 100.62 F &T Machine Operator MTO 65.41 86.47 107.53 Apprentice - SM 6 Mos. (90 %) MAS 80.83 79.59 98.35 SHORTLINE (LOCAL 250) Foreman SFM 84.81 118.87 14 8.98 Journeyman (Welder/Fitter) Sim 79.07 109.75 137.67 LABORERS Welder Helper SWH 44.99 .61.69 77.28 General Foreman LGF 63.31 85.32 107.33 Pre - Helper SPH 26.88 37.11 47.34 Foreman LFM 61.64 82.81 103.99 Group 1 - General LG1 54.72 72.43 90.14 Group 2- Wrapper> 6' LG2 55.63 73.81 91.98 LrrxfrY Group 3 - PTOANrapper < 6' LG3 56.55 75.18 93.8-1 Foreman UFM 63.47 69.04 113.29 Group 4 - Pipe layer, CBS LG4 59.13 79.05 98.89 Welder UWJ 56.91 79.19 100.15 Group 5- Blaster LG5' 59.72 79.93 100.15 Jomeyman/Fuser UFJ 47.84 65.56 82.45 Apprentice -6th Period (85 %) LAG 48.12 65.30 82.49 Pipe Tradesman 0 UP2 34.99 46.57 57.07 TEAMSTERS ELECTRICIANS /INSIDE 144REMEN General Foreman TGF 68.57 88.63 110.70 (Rates subject to project location & employee base location) Foreman TFM 64.91 88.13 107.36 General foreman EGF 96.42 135.57 174.71 Group 2 -2A1de TG2 61.97 81.73 101.46 Foremen EFM 85.84 119.69 153.54 Group 3 - 3 Atie TG3 . 62.18 82.05 101.91 Journeyman EJM 78.96 109.38 139.79 Group 5 - Working Truck Driver TG5 62.40 82.38 102.36 Apprentice -10th Period (85 %) FAO 68.55 94.42 120.28 Group 6.4 or More Aide TG6 8260 82.68 102.75 ' Group 9 - Lo-Bed TG9 63.77 84.43 105.08 PROJECT MANAGEMENT Subjotaneyman- 4001.60DOHrs. TA3 46.59 60.16 73.73 Project Manager MPM 94.94 129.87 167.72 Group 12- WED Bo=Trk Carl TBT 85.66 68.17 110.70 Superintendent MSP 86.18 116.09 149.94 Project Engineer MPE 66.11 96.78 127.41 Apprentice Rates: Apprentice rates as fisted above are the highest classification prior to journeyman furl scale rates. BMng rata for Apprentice will be based an actual classification. Subsistence: $65.00fday Travel Time: Customer will be advised ttravel time is applicable Overtime Rates: Ad hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time. Far Operating Engineers- first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half, all additional hours at double time except holidays which are at triple time. Emergency "call outwork" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel cosh), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kem and In addition Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas band, Catalina Island, Sat Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacepa Island, including the Channel Islands Monument Rate Scale does not include Sat Diego County. NOTE: Wage scales are in accordance with Associated General Contractors Master Labor Agreement, and are subject to change without notice. This rate sheet is not all Inclusive; additional classifications available If required. (v20) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com DOTY B90S. Construction Company COST PLUS RATES - EQUIPMENT SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2006 TO JUNE 30,2007 HOURLY HOURL BACKHOES RATE TRUCKS RATE CASE 560 /JD 310 $ 38.00 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 13.0 JD 710 $ 44.00 SERVICE TRUCK I4WD PICKUP - MISC TOOLS NOT INCLUDED $ 15.0 CAT 235 -TRACK MOUNTED $ 110.00 2 -3 TON - FLATBED, A- FRAME, UTILITY, HOE MOVER $ 19.0 CAT 300 -TRACK MOUNTED g 105.00 HIGHWAY TRACTOR WI4RAILER (LOWBED) + MOVE PERMIT FEES $ 41.0 CAT 345 - EXCAVATOR $ 135.00 DUMP TRUCK - 5 YARD (BOBTAIL OR FLAT BED) $ 19.0 DUMP TRUCK - 6 YARD $ 25.0 COMPACTIONEQUIPMEM 40,000 LB. TRAILER $ 16.0 ARROW (HYDRO HAMMER) $ 43.00 DUMP TRUCK - 10 YARD (10 WHEEL) .$ 27.0 54" SINGLE DRUM VIBRATING SHEEPS FOOT $ 44.00 LOWSIDE END DUMP TRAILER WITH TRACTOR $ 38.0 WATER TRUCK - (1,500 -2,006 GALS.) $ 30.0 COMPRESSORS WI90 LB. BREAKER, CLAYSPADE 6 TAMPER WATER TRUCK - (3,500 GALS.) $ 35.0 125 - 185 CFM $ 20.00 CRANES WELDERS BOOM TRUCK - UP TO 8 TONS $ 30.00 200 AMF, TRAILER OR SKID MOUNTED $ 15.0 BOOM TRUCK - 10 TO 11 TON $ 45.00 200 AMF, TRUCK MOUNTED $ 28.0 BOOM TRUCK - 14 TON $ 49.00 WELDING SKID - QTY. 4 $ 11.0 BOOM TRUCK -23 TO 25 TON $ 54.00 GROVE CRANE - 15 -18 TON RT (OR EQUIVALENT) $ 56.00 GROVE CRANE - 28 TON $ 65.00 MISCELLANEOUS FORKLfF75 #1178 BORING MACHINE 1 314" (PER DAY) $ 15.0 6,000 LB $ 21.00 #1177 BORING MACHINE 3112" (PER DAY) $ 20.0 20,000 LB $ 33.00 *1520 BORING MACHINE 4"-8" (PER DAY) $ 25.0 #864 BORE MOTOR (PER DAY) $ 10.0 CEMENT SAW - SMALL (PER DAY) $ 20.0 LOADERS CEMENT SAW - MEDIUM (PER DAY) $ 25.0 SKIPLOADER - CASE 580fMF40E $ 30.00 - CEMENT SAW -LARGE (PER DAY) $ 30.0 930 CAT RUBBER TIRE LOADER $ 44.00 #846 CHAIN LINK FENCE PANELS (/ EACH / PER JOB) $ 24.0 950 CAT RUBBER TIRE LOADER $ 55.00 #847 CHAIN LINK FENCE (I FOOT/ JOB) $ 2.0 950E CAT RUBBER TIRE LOADER $ 66.00 #1085 POWER BROOM - TRACTOR MOUNTED (PER HR) $ 20.0 966C CAT RUBBER TIRE LOADER $ 61.00 #82(1 TAPPING MACHINE (WATER LINES UP TO 2" XPER INCH/PER DAY) $ 20.01 #828 TAPPING MACHINE (WATER LINES 3" TO 12") (PER INCHIPER DAY) $ 26.01 #1062 BENDING MACHINE W TO 20" PLUS SHOES & FREIGHT (PER DAY) $ 400.01 DAILY ROAD EQUIPMEM MfSCELLANE0U5 RATE CAT MODEL 140 GRADER $ 78.00 #879 BARRICADES / DELINEATORS I CONES $ 1.01 VIBRATOR ROLLER, 1 TON HAND (WALK BEHIND) $ 22.00 PLYWOOD 113 REPLACEMENT COST ROLLER - (RIDE ON) $ 28.00 SHORING LUMBER S" X, 8" X 8' 1/3 REPLACEMENT COST FLASHING ARROW - (4 HR. MIN.) $ 17.00 SHORING LUMBER 3"X 12" X 14' 1/3 REPLACEMENT COST TILT TRAILER I CABLE DOLLY $ '12.00 #851 BEVELING MACH. OR EXT. LINEUP CLAMP & CUTTERS 8" -14" $ 25.01 BITELLI COLD. PLANER.-44 HR. MIN.) $ 220.00 #839 BEVELING MACH. OR EXT. LINEUP CLAMP' CUTTERS I6" -36" $ 50.04 ZIPPER GRINDER (RATE PER DAY + MOVE -ON) $ 350.00 #836 BUFFERS & GRINDERS $ 25.01 #6886 CEMENT MIXER $ 40.01 SIDEBOOMS I DOZERS #650 CHAIN SAW (INCLUDES BLADES) $ 50.01 JD 450 SIDEBOOM $ 36.00 #890 CLEANING BALL $ 10.01 CAT D-6 SIDEBOOM $ 54.00 #1535 COMPACTOR (NERVOUS TURTLE) $ 150.0( CAT 561 SIDEBOOM $ 60.00 #891 CONCRETE VIBRATOR '$ 40.0( CAT D-7 SIDEBOOM $ 63.00 9882 CONSTRUCTION SIGNS $ 4.0( CAT 572 SIDEBOOM $ 75.00 #878 CROSSING PLATES $ 6.21 CAT D-4 / JD 450 DOZER $ 40.00 #810 CUT -OFF SAW (INCLUDES BLADES) $ 50.01 CAT D-6 DOZER $ 74.00 #837 DEAD WEIGHT TESTER $ 60.01 EMULSION POT SPRAYER- $ 60.01 Page 1 of 2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com 11OTY BROS. Construction Company FLOODLIGHT TRAALER (MERCURY VAPOR LIGHTS) #841 FLOW LINER #1807 GENERATOR (3.5 - 5 KW) #842 HILTI GUN #B38 HOLIDAY DETECTOR #875 LADDER LIGHT STAND #840 MANHOLE BLOWER #843 PIPE LOCATOR #1834 TESTING TABLE #853 POWER THREADER #835 SKILL SAW (INCLUDES BLADES) #827 TAP MACHINE -T.D. WILLIAMSON (UPT03 ") #862 TAR POT #892 TEST PLUG TEST PUMP - 200 LB. #1815 TEST PUMP 200 LB. 400 LB. SPRAGUE #6818 TEST PUMP 5,000 LB. TRAILER MOUNTED #845A TRANSIT - LEVEL #8458 TRANSIT - LASER #845C TRANSIT - THEOLITE #877 TRENCH JACK (SCREW) UTILITY VEHICLE (NON -HWY) #1861 VIBRATOR PLATE (24 ") #1860 WACKER TAMPER #893 WALKIE TALKIES (SET OF 2) #871 WATER HOSE 1 12" X 50' #672 WATER HOSE 212" X 50' #1831 WATER PUMP 7' PORTABLE 01832 WATER PUMP 3" PORTABLE SANDBLASTER W /ACCESSORIES WEED WACKER DAILY RATE r126 00 $ 25.00 $ 50.00 $ 50.00 $ 25.00 $ 10.00 $ 15.00 $ 40.00 $ 25.00 $ 60.00 $ 85.00 $ 20.00 $ 100.00 $ 50.00 $ 10.00 $ 80.00 $ 125.00 $ 175.00 $ 25.00 $ 75.00 $ 35.00 $ 4.00 $ 50.00 $ 85.00 $ 85.00 $ 25.00 $ 6.00 $ 7.50 $ 50.00 $ 75.00 $ 125.00 $ 50.00 0 #844 EXPLOSIMETER $ DAILY AIR TOOLS $ RATE #870 AIR HOSE $14" X 50' $ $ 8.( #868 CHIPPING GUN (PLUS STEEL) $ 35.( #866 CLAY SPADE (PLUS STEEL) $ 35.( #864 IMPACT WRENCH 1" $ $ 35.( #858 JACKHAMMER (PLUS STEEL) $ 351 #887 PAVEMENT BREAKER (PLUS STEEL) $ 351 #869 RIPPING GUN $ 351 #865 ROCK JACK (PLUS STEEL) $ 35.0 #852 ROTARY HAMMER (PLUS STEEL) $ 50.0 #859 TAMPER $ 35.0 #880 PORTA BAND SAW $ 35.0 #844 EXPLOSIMETER $ 50.0 #914 MULTI -GAS DETECTOR I PID $ 100.0 H2S MONITOR $ 15.0 #913 TRIPOD W/HARNESS $ 100.0 4916 SCBA $ 40.0 #918 ESCAPE AIR PACK $ 25.0 RESPERATOR - HALFIFULL MASK $ 5.0 RESPERATOR CARTRIDGES (PAIR) - $ 15.0 SAFETY HARNESS $ 5.0 Page 2 of 2 11232 E. Firestone Bled., No>walk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864-6052 www.dotybros.com FUG-09-200G 11:10 From:USI SOUTH CQpST 9493410321 To:949 6465204 P.2�10 29m DOTY0110 ACORDS CERTIFICATE OF LIABILITY INSURANCE U81 Imine • CIL THIS C TE 19199UED A9 A NIA OF IONLYAND CONFERS NO RtGHT9 UPON THE LICS 0351162"'949- 7806339(S=n) HOLOER. TIM CERTIFICATE DOES NOTAMEND, P O BOx 53310 ALTER THE COVERAGE AFFOROEO BY THE POLIIrvine, CA 62619 7310 r0A INSURED INSURERS AFFORDING COVERAOE Doty Bros. Equipment Co. NsuaFaw me1lcan I a S I 11232 E. Flreslone Blvd, NserHmB National Union Fire of PA Norwalk, CA 90650 r�rleca American Home Assurance �GL1558860 10/1,105 70/11/06 V+�acuc GaOW LsAmm nG00M B A1iTwkoftELmu+n' F�1� X AHTATU X Au 0r4a40 ABIOS 1C WMAUpS X NGNOWlEOAUTOZ x Comp $1000 AM IMOUCY AWAaro oxGN I, J aAHrcMAOE omuCTMM aerENTNM i C TMmo W01347153 110111105 L eretlons. The City of Ne [cfals, elnptnsured as slidesai UabBRy end Workerc Compensation policies (py CRY of Newport Beach Public Works Dept 3300 Newport Blvd. Newport Beach. CA 92650.8918 25 (2001(08) 1 of 2 Itn220227 ry,000,000 9 THE AMMEDESCR6%D POLM10 BE CANCELLED BEFM THE EPWA7M TYteresuuOelsuaERWMMN Wa1MM" *,qD. BATSMTMH CJCJC ID 11:10 From:LISIWTH COAST 9493410321 IMPORTANT If the certificate holder is an ADOnIoNAL INSURED. the poficy(ies) must be aromed. A satement on this cerafirate dam not confer fgma to the certgoste hoiden in am of such endorsama it(s). If SUBROGATION IS WAIVED, "Ort to the tears and conditions or the policy, certain poaoies my require an endofsenw-nL A statement on this certificate does not confer rights to the certificate holder in rreu of such aka), DISCLAIMER The Certificate of Insurance on the reverse side of this form does not consgWte a cwftd between the issuing msorer(sy autwrimd mPmentattve or pmdwar, and the wilificate holder. nor does it aft mtaavety or negafively emend, extend or at" the oovemge afforded by the policies fisted urereon. ACORD 25S ROOM) 2 of 2 au -11au e AM -08 -2006 11:10 From:USI COAST 9493410321 0 To:949 6465204 P.4/10 ACORDK, CERTIFICATE OF LIABILITY INSURANCE OWM06 ^^n MUM= USI Irvine - C& TIM CERTIFICATE IS LSSUED AS A MATTER OF wmitw tmom ONLY AND CONFERS MO RIMM UPON THE CERY R"TE "a 0351162"49-7904339(Suzan) HOLDER. THIS CERTIFICATE DOES NCTAKEND, EXTEND OR P O Box 63310 ALTER IM COVERAGE AFFORDED BY THE POLICIEs BELOW. Irvine, CA 926193310 MsN2EO DISURERS AFFORDING COVERAGE NAICO Doty Bros. Equipment Co. mmmirnk National Union Firs of AA AIG 11232 E. Firestone Blvd NSL"R m Norwalk, CA 90650 94BURMa MV AM N.LOWMAUP08 OC EDMEDAUros IW.= Is I s unAro OTIERrNIN CAAW S AUTO ONLY: f A ufflany BEi227t26 10!11165 1W1/!06 EACN000L WNCE $600 00 • L ClArA9 yApBE x s 10 000 = w KM o0VjgM AT$0H WC8TA EYPLOVEWLIAMOV Re: All O -- --_�__. _... __� Operations. The CIry of Newport Beach. Its elected qr apiwinoad ... art, offctafs, eieployees, agents and volunteers are named as additional insured as respeoto to General Llablllty and Automobile Uabitity Pollcles. Waiver of Subrogation applies to General Uability, Automobile Liability and Workers Compansadon pollcisa. (p) City of Newport Beach Public Works Dept 3300 Newport Blvd. Newport Beach, CA 92639 -9916 ) BEFORETiM MOM"M *, answmmm 1 Of 2 SM320213 _ CJCJ0 0 ACORD ALPO= O'3 --RWG 11:11 From:USI COAST 9493410321 •To:949 6465204 P.5/10 IMPORTANT If the oerUkata hWderis an ADDITIONAL INSURED. the pofwy(iss)must be endorsed. Astatement oh " W11110ete does not confer rights to the oertftate holder in qeu of such endomemerd(s). If SUBROGATION IS WANED. suh)ed to the terms and conditions of the pdi* certain males may require. an endorsement. A statement on this oaWkate does not corder eights to the mWicate holder in Aer of such endorsement(s). DISCLAIMER The Ce ificate of Insurance on the reverse" of this for rn does rot constitute a contract between the Issuing insurer(s), aufhod and represemetivo or producer, and the certificate holder. nor does it OWMI edvely w negstNety amend. extend or alter the coverage afforded by the policies listed thereon. ACORD 2tiS (2vQ uMf 7 M* xu....... FLIG -08- 2,006.11:11 From:tlSI CWST POLICY NUMBER GLISS866o 9493410321 • To:949 6465204 P.6/10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. A.DDMONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) na �asemmt aMirys memano, Pro�idM tolls Ihv AAbxin� COMMERCIAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE The City of Newport Boach, its elected or appointed off'iem, officials, employees, agents and volunteets RE: All Operations (hf no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WRO IS AN INSURED (Section 13) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you, PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insored shown shall be primary hnsurance, but only as respells to any claim, toss or liability arising out of the operations of the Named Insured and any other insurance maintained by said Additional Insured shall be non - contributing, CG 20 10 11 85 Copyright Insurance Semces Office, Inc. 1984 "A -08 72006 11:11 From:USI COAST POLICY NUMBER: GLISM660 9493410321 • To:949 6465204 P.7/10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANG13S THE POLICY. PLEASE READ IT CAREFULLY. WAVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modifies insurance provided under the following. COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART SCHLDULE Name of Person or Organization: The City of Newport Beach, its elm or appointed afficas, officials, employees, ages and volunteers RE: All Operations (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) We waive any right of teoovcry we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done under a contract with that person or organisation. 'Ilse waiver applies only to the person or organi7auon shown in the Schedule. CG 24 04 1185 Copyright, Insurance Services Office, Ina, 1984 p.fa- 08 -2W6 51.:11 From:USWTI' CORST 9493410321 0 To:949 6465294 P.S /le POLICY M C:A8262183 INSURED'S NAME. Doty Bros. Equipment Co. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCE IEDULE Name of Person or Organization: The City of Newport Deach, its elected or appointed offm s, officials, employees, agents and volunteers RE: All Operations PRIMARY CLAUSE LrNDORSEMErNT: It is farther agreed that such insurance as is afforded by this policy for the benefit of the Additional !neared shown shalt be primary lnsuraacc, but only as respects to any claim, loss or tiabultyarising out of theoperatioas of the Named lmurcd and any othertasamuce maintained bya dd Addidonallnsured shall be non - contributing WHO 1S AN INSURED (section 11) is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto" RUG - 08-2006 11:11 From :USI CORST 9493410321 •To:949 6465204 P.W10 POLICY A' CA9262183 C014DURCfAL AUTO INSURED'S NAME: Doty Bros. Equipment Co. THIS ENDORSEMENT CHANGES 7M POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE Name of person or Organization: The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers RE. All Operations Wo waive any right of recovery we may have against the person or organization shown in the Schedule because of payment we make for Injury or damage arising out of "your work" done under a contract with that person or organization. The waiver applies Only to the person or organization shown in the Schedule. WHO IS AN INSURED (section 11) is amended to include as an insured the person of orpniration shown in the Schedule but only with respect to liability arising out of the ownership; maintenance, or use of a covered "auto" PRIMARY CLAUSE ENDORSEMENT: This insurance is primary and any other insurance maintained by such additional insureds is non- contributing with this insurance as respects daimsoriiabilityarising outoforresuitingfrom the acts or omissions of the named insured, or of others for work performed by or on behalf of the.named insured. t "708,- 2W06,11:11 From:USI CORST 9493410321 �To:949 6465204 P.IW10 Workers Compensation and Employers Liability Insurance Policy Policy Number. WC1347163 Pollcy Perlod: 10/11/06 to 10/11/06 Insured: Doty Bros. Equipment Co. The Information above is required only when this endorsement is issued subsequently to Preparation of the policy. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this poky. We wi (This agreement ll net enforce our right agalrst the person or organization named in the Schedule. ement applies only to the Wdent that you perform work under a mitten contract that requires you to obtain this agreement from us.) You mus<maontsin payrotl records accurately segregating the renumerakri of your empiayees white engaged in the work described in the Schedule. The additional premium for this erMaraement shall be ns %of the Cal'damia makers' compensation premium otherwise due on such renumeattion. Schedule Parson or organization The Qty of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers RE: All Operations Thb endo changes the policy to which It Is atfachod and is etfeciNs on the date issued un less 011Mwis stated. PRODUCER. USI of Southern odfbmla WC040306 (Ed. 1-87) CITY OF NEWPORT BEACH roRne�� ari �nn6 CITY COUNCIL STAFF REPORT -u I Agenda Item No. 7 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 DOTY BROS. CONSTRUCTION COMPANY FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS ISSUES: Should the City execute a Professional Services Agreement with Doty Bros. Construction Company for on -call emergency underground utility repairs? RECOMMENDATION: Authorize the Mayor to approve an agreement with Doty Bros. Construction Company for emergency underground utility repairs on an on -call basis. DISCUSSION: A request for qualifications for on -call services was requested of Doty Bros. Construction Company (Doty Bros.). Due to the nature of an emergency requiring immediate repair work, staff is recommending approval of an on -call agreement with Doty Bros. to provide "as needed" emergency underground repair services. Services will be performed and billed on a time and materials basis, based on the rate sheet shown as Exhibit B. This agreement will formalize on -call emergency services with Doty Bros. and lock in prices through June 30, 2007. Doty Bros. is primarily a pipeline contractor, with its expertise in four distinct divisions as follows: Water and Wastewater, Electrical /Underground (dry utilities), Oil/Gas and Electrical Instrumentation and Controls; the latter primarily performing work on water treatment plants and power plants. 0 0 Emergency Underground Utility Repairs Approval of On -Call Professional Service Agreement September 12, 2006 Page 2 Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funds for emergency repairs are available as follows: Water — 5500 -8160 & 7501 C- 5500074 Wastewater — 5600 -8160 & 7531 C5600292 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: sz Cindy Ash6r Administrative Manager Submitted by: Pete Antista Utilities Director Attachments: On -Call Professional Services Agreement 0 0 PROFESSIONAL SERVICES AGREEMENT WITH DOTY BROS. CONSTRUCTION COMPANY 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 DOTY BROS. CONSTRUCTION COMPANY, a California corporation whose address is 11232 E. Firestone Blvd., Norwalk, California, 90650 ( "Contractor "), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City 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 Dick Freidman. 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: 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 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 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 `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. 11 • • 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 [Insert Contact Name] 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. CKYs 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 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. 8. 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. 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. 1 9 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. 0 0 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 behaff 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. Q • • 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 Dollar; ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific 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. 9 • • 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 Contractors 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. 16. SUBCONTRACTING ID i • 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. 19. CONFIDENTIALITY 0 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. 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS i� City reserves the right to employ other Contractors in connection with the Project. 25. CONFUCTS 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 -Gass 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: [Insert Name of Consultant] [Insert Address] [City and Zip Code] Phone: Fax: 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 parry shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar 13 0 0 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 perforrned 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 terns of this Agreement shall govern. 32. AMENDMENTS i P 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. 15 E 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: ,, ( � L", Aaron . Harp, Assistant City Attorney for the City of Newport Beach ATTEST: a LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation 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:\ users\ cat \sharedWg\On- Cail\Template.doc !lo 1d From: 0 0&/2006 16:14 #026 P.001/023 DOTY .BR .SM Construction Company CA Lic #273024 August 14, 2006 FAX COMMUNICATION: 949.646.5204, 25 pages City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention. Cindy Asher Reference: Request for Information Dear M. Asher. EMff NK Please forgive the delay in my submission of information to you. I hope that the information and documents that I am submitting will provide you with the information that you are seeking regarding our company. Of course, should you have any questions or require further information please do not hesitate to call our office. Doty Bros. Equipment Co ("DBEC') is a general contractor, and bas be=.in business for over 70 yearn. DBEC has current active California contractor's licenses as follows, A- General Engineering, C- 10 Electrical, C-12 Earthwork and Paving, G1617ire Protection and C-42 Sanitation Systems. We also . maintain current active licenses in the State ofAr=na as follows, A- General Engineering, LI1- Commercial Electrical and L16Fire Protection. DBEC is primarily a pipeline oonuaotor, vr9Wit$ .ropmMVd,?>� for?!' distinct divisions as.fbilovr Water and Wastewaterti Elee�tiesi Taller tnuuYd = {tlry } >+C2i17 ' 1ec tical Instrumentation and Controls, the later primarily performing work on water treatment plants and power plari Our Division Maoegers individually bring industry knowledge, specialty experience and training, forming the firm foundation of our company's sftmgdr. Collectively, they bring their expertise with decades of solid professional relationships in each of their respective specialties with customers, subcontractors and material suppliers to DBBC. Such knowledge and relationships are key to building the foundation of cooperation and teamwork that it takes in order to successfully bring a project to a timely and profitable completion. DBEC performs approximately 65M in revenue annually. Its customer base is broad and encompasses customers ranging from small, time and materials jobs for a broad scope of customers (work in the $5,000 - $50,000 range), to large negotiated lump sum contracts and public works bid jobs ranging from $50,000 to $10,000,000 and up. Our customer base is inclusive of some Fortune 500 companies, and includes publicly held companies as well as private industry. We are an approved contractor for Southern California Edison as well as Southern Califomia Gas Company (Sempra) and its affiliated companies. We support our customers as a general contractor, as well as bringing specialized support to projects as a subcontractor for many of Southern California's large established general contractors. The list of our blanket contract customers and project specific projects by division, attached, will serve to display some of our successful jobs and relationships and should provide you with a substantial overview of our abilities. f7 17717 17 TT:..nM --DU.A TT..--T. nA nnc[n Oi.....s. fcc1N 44A LCLC V.. . icini OGA rnC7 ».......A-. A7...,... ....� From: 0 City ofNewport Beach Attn: Cindy Asher August 14, 2006 Page 2 of 2 (04/2006 16:14 #026 P.002/023 DBEC is a certified MBE company. We have obtained certification from the Southern California Minority Business Development Council; Ino., and the Supplier Clearinghouse for the Utility Supplier Diversity Program of the CUPC, and copies of our certificates are attached for your files and records. DBBC is a union signatory contractor, and maintains cuaent labor agreements with the Carpenters, Laborers, Cement Masons, UA District Council 16 (plumbers and fitters), UA Local 250 (Shortlme, Agreement, product pipelines), Operating Engineers and Teamsters. DBEC's bonding capability is strong, with $20,000,000 available for any one single project, with a program aggregate of $50,000,000. We have a long term established relationship with our surety company. Ynown throughout Southern California: as a dependable and professional company, who brings quality workmanship to every project, we take particular pride in the strength of our Safety Program, DBEC's Safety Policy has equal importance with our policies of providing the best quality and most productive construction services in the industry. It is our goal to completely eliminate accidents and injuries. Because of the many different hazards in the construction industry, we must maintain a constant safety awareness to achieve this goal. The success of the DBEC Safety and Health Program depends on the sincere, constant, and cooperative effort of all company officials, management, and employees and those of each subcontractor. Active participation by all of its personnel serve to make it a consistent success. Our crews have extensive experience working safely and efficiently in highly congested areas (urban and suburban) and rural cross- country environments. We thank you for your inquiry, and welcome the opportunity to bring our professional services . and quality workmanship to the City of Newport Beach If you should have any questions or require further information please do not hesitate to can our office. You can call me direct at 562.345.1457, my fax number is 562.8643480, and my email address is sdenni s.com. Should you wish to speak to any of our Division Managers direct, their contact information is as follows: Water Division Phil Dennis 562.345.1448 Wastewater Division Henry Barber 562.345.I462 Oil/Gas Division Henry Barber 562.345.1462 ElectricalI &C Division John Phillips 5621345.1444 Underground (dry utilities) John Goddard 562.345.1468 Thank you again for your inquiry, we look forward to assisting you with your construction needs. Very tell yours, dy Dennis Contracts Manager Attachments h From: 0 08 /02006 16:14 #026 P.003/023 DOTY BROS. EQUIPMENT CO., ( "DBEC ") Project References Electrical Instrumentation and Controls Division DBEC Customer. Project Owner. Project Tit) e: Project Description/Location: Contract Price: Customer Contact: Customer Address: Architect/Engineer. DBEC Job No: DBEC Performance Period: DBEC Customer Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: DBEC Job No: DBEC Performance Period: Filano / HDR Design Builders West Basin Municipal Water District Phase IV Expansion Provide and install electrical components, instrumentation and controls. Project located at Hughes Way, El Segundo, CA. $4,637,650.00 Vince Dial', Project Manager (760 )941 -7130 4616 North Avenue, Oceanside, CA 92056 HDR 6035 -4001 March 2004 — May 2006 Griffith Company City of Los Angeles Department of Public Works Los Angeles { Glendale Nitrogen Removal Conversion Project, Phase 1, W.O. SZLI1133 Provide electrical demolition, electrical installation and instrumentation. Project located at 4600 Colorado Blvd., Los Angeles, CA .90039. 51,200,750.00 Walt Hitch, Project Manager (562)929 -0150 12200 Bloomfield Avenue, Santa Fe Springs, CA 90670 City of Los Angeles 6035 -4009 June 2004 —July 6, 2006 DBEC Customer. Archer Western Contractors, Ltd. Project Owner: Eastern Municipal Water District Project Title: Hemet Water Filtration Plant Project Description/Location: Provide and install electrical and instrumentation including electrical duct banks complete with excavation, rebar, backCill and concrete, electrical hand holes, manholes and pull boxes and appurtenant work. Project located at 1283 N, Kirby, Hemet, CA. Contract Price: $4,037,289.73 Customer Contact. George Foote (951)537 -5500 Customer Address: 8775 Am Drive, Suite 335, San Diego, CA 92123 Arcbitect/Engineer Carollo Engineers DBEC Job No: 6035 -4014 DBEC Performance Period: December 2004 —April 2006 The information provided herein is confidential. By secepting the information. Owner/Cnntracta agrees to (r) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be requited by lave. Rim 06/05/06 CA C.L. 273024 Page I of 3 19 From: 0 004/2006 16:14 !1026 P.004/023 DOTY BROS. EQUIPMENT CO., ( "DBEC') Project References Electrical Instrumentation and Controls Division DBEC Customer. Project Owner. Project Title: Contract Price: Customer Conti Customer Address: DBEC Job No: D13EC Performance Period: DBEC Customer. Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact: Customer Address: ArchitectlEnginmr. DBEC Job No: DBEC Performance Period: Kiewit Pacific Co. City of Los Angeles D.C. Tillman Water Reclamation Plant — Nitrogen Removal Conversion W.O. SZD11127 & SZD11152 Provide demolition, furnish and `install electrical and instrumentation including furnish, setting and testing of Iarge VFD's and equipment enclosures, motors; installation of in -lime instruments; three equipment enclosures, connection and testing and other appurtenant work . Project located at 6100 Woodley Avenue, Van Nuys, CA 91 406. $5,948,837.00 Thomas BauILzGh (562)946 -1816 10704 Shoemaker Avenue, Santa Fe Springs, CA 90670 City of Los Angeles 6035 -4004 May 2004 —June 2005 City of Los Angeles Department of Public Works Same Los Angeles / Glendale Water Reclamation Plant (LAGWRP) Backup Power (CIP-41I4) Installation of a. 2000 kw emergency backup generator with backup switchgear including structuraUcivil work. Project located at 4600 Colorado Blvd, Los Angeles, CA 90039 $909,000.00 Alfred Mata, Project Manager (310)648 -6112 200 N. Spring Street, Rm. 335, City Hall, Los Angeles, CA 90012 City of Los Angeles Department of Public Works 6035 -4007 April 2004 —January 2005 DBEC Customer. J.R Filanc Construction Company, Inc. Project Owner. San Bernardino Valley Municipal Water District Project Title: Foothill Pump Station Project Description/Location: Provide and install electrical and instrumentation. Project located 30447 Cone Camp Road, Highland CA 92346 Contract Price: $1,146,170.00 Customer Contact: Mike.Monden, Project Manager (760)941 -7130 Customer Address: 4616 North Avenue, Oceanside, CA 92056 Architect(Erigineer: Black and Veatch DBEC Job No: 6035-4006 DBEC Performance Period: April 2004 — November 2004 The information provided herein is confidential. By accepting the information, OwnedContractor agrees to (1) use the information only for purposes of eyaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or discIose the information in my way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 06/05106 CA C.L. 273024 Page 2of 3 ao From: 08/*2006 16:16 #026 P.005/023 DOTY OROS. EQUIPMENT CO., ( "DBEC ") Project References Electrical Instrumentation and Controls Division DBEC Customer. City of Los Angeles Board of Public Works Project Owner. Same Project Title: Construction of the Terminal Island Treatment Plant (ITM Emergency Backup Power (CIP— 5136) W.O. SZT11164 Project DescriptionA ocation: The Terminal Island Treatment Plant is the site of one of the world's most technologically advanced water reclamation treatment systems. Over the past 10 years construction has been ongoing in order to develop a facility that would include microfiltraation followed by reverse osmosis technology. The 23M project is now completed, and provides the most advanced, new, conventional deep -water ocean outfall to discharge Terminal Island's secondary effluent The facility is now fully operational and is capable of processing 4.5 MGD. DBEC bid and was awarded the installation of the Emergency Backup Power portion of the project DBEC's work included replacing the existing single generator with two (2) generators providing 1500 KW of backup power each at 4160 volts. This work consisted of integrating temporary backup power to facilitate the removal of the existing generator in order to perform the upgrade. Backup power was maintained during all construction ensuring that treatment of both domestic and industrial sewage ' continued without.intemrption, requiring the use of temporary generation that DBEC provided Project located at 445 Perry Street, San Pedro, CA. Contract Price: $2,142,505.00 Customer Contact Karen Dupree (213)580 -5013 Customer Address: 200 N. Spring Street, Room 355, City Hall, Los Angeles, CA 90012 Architect/Engineer: City. of Los Angeles DBEC Job No: 6035 -3002 DBEC Performance Period: December 2003 — November 2004 The information provided herein is confidential. By accepting the information, Owwr/Conttactor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold thOnformation in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., e=ept as may be required by law. Rev. 06105M CA C.L. 273024 Page 3 of 3 ati From: 0 00412006 16:15 #'026 P.006 /023 DOTX BROS. EQUIPMENT CO., ("DBEC") Project References Oil / Gas Division DBEC Customer: City of Long Beach Project Owner: Same Project Title: P.O. POEN05000006, Req. RQEN05000021, Abandon Line Project Description/Location: Abandon section of 12" natural gas main and inaccessible 12" natural gas valve under Ocean Blvd. between Pico Ave. and the Gerald Desmond Bridge, and install a replacement section of natural gas main, west of the Los Angeles River. Contract Price. $52,650.00 Customer Contact; Stephen Bateman (562)570 -2000 Customer Address: 2400 East Spring Street, Long Beach, CA ArchitoWEngineer: City of Long Beach DBEC Job No: 2050 -5008 DBEC Performance Period: June 2005 DBEC Customer. ChevronTexaco Project Owner. Same - Project Title: Hawthorne Relocation Project, Service Order 4557862 Project Description/Location: Relocate and remove pipelines along Rosecrans Blvd. in El Segundo and Hawthorne. Work included installation of pipelines for storm drain, offsets, routing of lines over storm drain, run construction pigs prior to tie -ins, remove' storm drain and piping interfering with route of lines and tie -ins. Contract Price: $2,913,823.00 Customer Contact Keith Holf is (281)596 -3513 Customer Address: 2811 Hayes Road, Houston, Texas 77082 AmhiftVEnginew.. ChevronTexaco DBEC Job No: 2070 -4055 DBEC Performance Period: July 2004 — April 2005 DBEC Customer. Advanced Engine Technologies Corp. (AETC) Project Owner. Orange County Sanitation District Project Title: Turbocharger Modification and Emission Reduction Project, OCSD Contract J -79 Project Description/Location- Install piping from basement to turbo charge, insert flanged balancing valve into pipe, insert flanged balancing valve in SW header before the piping split and after turbo charger inlet supply take off install coupling on new piping to prevent vibration, re- install instrumentation as needed in compliance with OCSD specs, and Cooper off engine piping specs. Project located at OCSD, Fountain Valley, CA. Cont=act Price: $168,944.00 Customer Contact Joel Howerton (510)614 -6340 Customer Address': 1655 Alvarado Street, San Leandro, CA 94577 ArrhiWeVEngineer. Orange County Sanitation District DBEC Job No: 20774001 DBEC Performance Period: October 2004 — November 2004 The information provided herein is confidential. By accepting the mfornuMou, Owner /Contractor agrees to (1) use the infonmtion.only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., =zpt as may be required by law. Rev. 08/14/06 CA CL. 273024 Page 1 of 7 as From: 66,2066 16:15 #026 P.007/023 DOTV BROS. EQUIPMENT CO., ( "DBEC ") Project References Oil / Gas Division DBEC Customer. Southern California Gas Company Project Owner. Same Project Title: Retrofit Various Pipelines, Release Order No. 5500001535 (under Blanket Pipeline Transmission Agreement) Project Description/Location: Retrofit operations on various transmission pipeline systems requiring demo work, excavation, cut and remove lines and header piping, purging lines, seal weld abandoned lines, fabricate and hydrotest and install launcher and receiver valve assemblies and distribution valves with assoc. piping and fittings and all appurtenant work. Project located various sites, Los Angeles. Contract Price: $870,112.00 Customer Contact Gary Rohrer (818) 701 -3223 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 ArchkectlEngineer: Southern California Gas Company DBEC Job No: 2050 -4047 DBEC Performance Period: May 2004 — October 2004 DBEC Customer. Southem California Gas Company ( "SCG") Project Owner. Same Project Title: Retrofit Line 2000, 2002 and 2003, Release Order 5500001491 (under Blanket Pipeline Transmission Agreement) Project Description/Location: SCG needed to retrofit their existing Iines in several locations to receive a smart pig. (A smart pig is an instrument that is pushed by the product of the line, gas, at approx. 2 — 4 mph.) This allows SCG to examine the line for internal and external damage. The smart pig takes a reading of the wall thickness and pinpoints the location of any possible damage to the line. The retrofit project was necessary because the existing lines had fittings that were too short of a radius for the smart pig instrument to go through; in addition there were valves that required replacement. The work included upgrading stations where transmission and distribution lines intersected. This required sensitive and accurate coordination so that no customer receiving gas would be interrupted of their Service. The tie-in's fbr the new installations were done as hot tie-in's (gas pressure dropped and maintained at a controlled pressure, and the limes cut and welded in a "lot" condition.) The welding was 100% x -rayed and the lines were brought up to working pressure. DBEC then backfrlled, restored the street, sidewalk, curbing, etc. back to original condition. Project located at various sites, in Pico Rivera, Montebello, CA. Contract Price: $879,298.82 Customer Contact Gary Rohrer (818)701 -4547 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 Arc-hitect/Engineff: Southern California Gras Company DBEC Job No: 2050 -4035 DBEC Performance Period: April 2004 — September 2004 The information provided herein is confidential. By accepting the information. Owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co.; except as may be required by law. Rev. 08/14/06 CA C3.. 273024 Page 2 of 7 a-s From: A4/2006 16:15 #026 P.008/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Oil / Gas Division DBEC Customer: Weston Solutions, Inc. Project Owner. Air Force Center for Environmental Excellence ( AFCEE) Project Title: Installation of Pipeline Loops Project Description/Location: Install insulating flanges and loop lines on aviation fuel pipeline system. A Project Description/ Location: challenge for this project . included the necessary dewatering of the ditch. during high tide in order to continue performance and meet the project schedule. Hyddtotested 4000 If lint rm ining across the bay. Project locatzl in San Pedro, CA. Contract Price: $502,124.00 Customer Contact: Brian Randall, Contract Administrator, (610)701 -7312 Customer Address: 1400 Weston Way, West Chester, PA 19380 Architect/Engineer. AFCEE DBEC Job No: 207011003 DBEC Performance Period: February 2004 — September 2004 DBEC Customer: The Part of Long Beach Project Owner: Same Project Title: Cerritos Channel Dike Oil Well Re-Abandonment, Pier S, Specification HD- 92191, Contract HID -6698 Project Description/ Location: Reabandon, cut and remove casings and piping from twenty -eight (28) previously abandoned oil wells located along .the Cerritos Channel Dike. Project included change order work required due to previously undocumented and wilmown site conditions including deteriorated and misplaced casings, and inaccurate plans. DBEC designed a custom fabricated "wash over" tool for use to remove cement from a steel casing that was discovered was cemented at a depth of 185'. This tool was also used to extract well casings and pipe to a depth of approx. 130 feet. During extraction, PGM 3 was pumped through the pipe and casings for compaction of casing and pipe void. Project located at Pier S, Berths S 102 — S 110, Long Beach, CA. Contract Price. $9,309,882.00 Customer Contact; DA. Thiessen, Chief Harbor Engineer (562)437 -0041 Customer Address: P.O. Box 570, Long Beach, CA 90801 ArchitectTagineer: The City of Long Beach DBEC Job No: 2070 -3036 DBEC Performance Period May 2003 — June 2004 The Information provided herein is confidential. By accepting the information, Owneo Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., ercept as may be required by law. Rev. 08114/06 CA C.L. 273024 Page 3 of 7 a�+ Fran: 0 08,&2006 16:15 #026 P.009/023 DOT•Y BROS. EQUIPMENT CO., ("DBEC") Project References OR / Gas Division DBEC Customer. Lomita Rail Terminal, LLC Project Owner: Same Project Title: Construction of Lomita Rail Terminal Ethanol Unloading Station Project Description 4=atiow DBEC built and timely completed the construction of the first Ethanol Railroad Unloading Station on the west coast, in Lomita, California, for Lomita Rail Terminal, LLC. With the change from MTBE additive to Ethanol in gasoline, there was a need to bring Ethanol into the Los Angeles basin in large quantities. The product is manufactured in the Midwest and brought in on rail. DBEC constructed the new terminal that has the capacity to unload 96_ rail ears in a 24 hour period. The product is unloaded into two turbine pumps . and sent to. Shell Terminal in Carson, CA to be stored in tanks as the new additive for gasoline. DBEC was instrumental in assisting the owner and architect/engineer in developing the scope changes necessary in order to meet the code requirements of the city, which was accomplished during construction, yet there was no delay to the completion of the project. The project incorporated civil, process mechanical and electrical work. Contract Price: $12,500,000.00 Customer Contact Michael R Curry (291)291-0510,(816)524-5774 Customer Address: 5100 Underwood Road, Pasadena, Texas 77507 ArchitecbEngineer: Spec Services DBEC Job No: 2070 -3023 DBEC Performnance Period: March 2003 — June 2004 DBEC Customer. Southern California Gas Company Project Owner. Same Project Title. Transmission Piping, Release Order 5500001268 (under Blanket Pipeline Transmission Agreement) Project Description: Project bid and awarded originally for the installation of approx. 360' of 30" casing, and 340' of 20" pipe, and abandon old pipeline. Due to unforeseen changes in the scope of work, change orders included jack -bore in Ventura under the freeway, and unanticipated directorial drilling obstructions. Contract Price: $1,061,109.00 Customer Contact Jim Reed, Project Manager (818)700 -3892 Customer Address: 9400 Oakdale Avenue, Chatsworth, CA 91311 Architect/Engineer. Southern California Gas Company DBEC Job No: 2050 -3065 DBEC Performance Period: September 2003 — April 2004 The in€onnation provided heron is confidential. By accepting the bfoxmation, OwnedContraator agrees to (1) use the mformation only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) bold flu information in strictest confidence, and (3) not use or disclose the information in any way advcm to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 4 of 7 • o.J From: 16 0*4/2006 16:16 #026 P.010M DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Oil / Gas Division DBEC Customer: Shaw Environmental, Inc. Project Owner: United States Army Corps of Engineers ("USACE") Project Title: Prime Contract No. DACA45 -98 -D -0003, General Construction Services for Pipeline Repair, Defense Fuel Supply Point, Point Loma Fleet Industrial Supply Center; P.O. 218406 OP Project 13escription/1.0-gion: Complete pipeline and site preparation for removal and replacement of valves at various vaults of the 8" fuel line connecting the Point Loma and Miramar fuel farms; including abandonment of valve, rework piping to raise valve to Project Title: above ground status in order to return the pipeline to operation for deliver of Project Description: fuel to MCAS Miramar and Point Loma fuel farms, San Diego, CA. Contract Price: $325,778.67 Customer Contact: Frank Magaro (619)533 -7307 (corporate (412)380-4288) Customer Address: 1230 Columbia Street, San Diego, CA 92101 (corporate, 2790 Mosside Blvd., Monroeville, PA 15 146) Arebitect/Engineer. USACE DBEC Job No: 2070 -3079 and 2070 -3064 DBEC Performance Period: July 2003 — November 2003 DBEC Customer: Vareo (formerly Endress & Hauser Systems & Gauging Inc.) Project Owner: Subcontract with customer represents terms and conditions applicable for work performed under two Owner contracts between Varee and its customer, the federal government, under GSA Contract GS- 10F -0364 BPA SP0600-02- A- 5210; and BPA - 5210 -09. These contracts support work that DBEC has performed at the Point Loma Defense Energy Support Center (DESC); DESC Travis Air Force Base; DESC MCAS Miramar, Defense Fuel Supply. Point (DFSP) San Pedro. Project Title: Various, see below Project Description: DBEC has performed various tasks via Purchase Orders issued for work bid and awarded; at the various above listed locations. The work has included, but is not limited to the following projects: (i) Install Velcom Pressure Vessel on DIM Pipeline; (ii) Repair High Speed Fueling Pit #1 at MCAS; (iii) Install Valves and Electrical at DFSP San Pedro; (iv) FS1I Tank Repairs and Upgrades Point Loma Contract Price: DBEC has contracted and performed work during the term of its agreement totaling approx. $2,000,000.00 Customer Contact: Marty Favero (contract administration) (770)810 -9336 Customer Address: 5834 Peachtree Corners East, Norcross, Georgia 30092 Architect/Engineer. Various DBEC Job Nos: Multiple, various DBEC Performance Period: Performance from contract effective date of September 27, 2002 through December, 2004 TLe information provided herein is confidentiaL By accepting the information, Owner /Contractor agrees to (1) use the inthrmetion only for purposes of evaluating the bid submittal by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co- except as may be required by law. Rev. 08114106 CA C.L. 273024 Page 5 of 7 U+10 From: 0 08,'2006 16:16 #026 P.011/023 DOTY BROS. EQUIPMENT CO., ( "DBEC'), Project References OH /Gas Division DBEC Customer. Roberts & Schaffer Project Owner. Oxbow Carbon and Minerals LLC Project Title: Petroleum Coke Storage Facility Project Description: Oxbow Carbon is the nation's leading exporter of petroleum coke through the Port of Long Beach, moving over 2M tons annually, and the Los Angeles Export Terminal (LAA'T) is the leaseholder operating this facility on Terminal Island in San Pedro, CA. DBEC as a subcontractor to Roberts and Schaffer constructed 65% of the Petroleum Coke Storage Facility, providing the- concrete foundations for the petooke storage building, concrete foundations for the truck dump, reclaim feeder, conveyor transfer towers, conveyor bent foundations, conveyor 5 transfer station footings construct the truck dump retaining' wall, MCC equipment pads, install underdrain piping including HDPE piping, remove and relocate D.I. water piping and install the 24" culvert Contract Price: $1,625,000.00 Customer Contact: Brad Babcock (310)519 -1130 Customer Address: 5225 Wiley Post Way, Ste. 300, Salt Lake City, Utah ArchitecttEngineer: Roberts & Schaffer DBEC Job No: 2010-1004,2010-1005 DBEC Performance Period: October 2001— January 2002 DBEC Customer. Wilbros Engineering Project Owner: U.S. Department of Defense, Defense Energy Support Center (DESC) Project Title: Automated Fueling Facility Project Description: The overall project was awarded to Wilbros for the design, installation, commissioning, operation and maintenance of one fueling point on the U.S. Marie installation near 29 Palms, California. The facility has the capacity to store 475 bbls of bio- diesel fuel, 1,400 bbl of JP -8 fuel for ground vehicle use and 570 bbls of unleaded gasoline. The site is capable of fueling 50 wheeled vehicles per hour with tank capacities up to 100 gallons plus eight tracked vehicles per hour. As subcontractor, DBEC constructed the project consisting of a loading facility to fill tankers, a control building to house electronic equipment, air compressor, small workshop and an office, installed double.- walled fiberglass, underground storage tanks that are equipped with leak detection systems, inventory control measuring equipment and submergible pumps, four JP -8 dispensers for wheeled vehicles, two bio - diesel dispensers and four unleaded gasoline dispensers and a canopy network covering all dispensers, bulk loading points and the building. DBEC subcontracted the backup alternator and battery backup system portion of thp.project Contract Price: $1,650;000.00 Customer Contact: Jim Ault (918)496-0400 Customer Address: 2087 East 71 Street, Tulsa, Oklahoma 74136 ArchiteebTagineer: Wilbros Engineering DBEC Performance Period: July 1999 — June 2000 Tbc information provided herein is confidential. By accepting the ioformation, Owrie/Conttacto r agrees to (1) use the infomuation only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest con$denoe, and (3) not use or disclose the information in any way adverse to Doty Bros. Egnipma:0 Co., except as may be requited by law. Rev_ 08/14/06 CA C.I." 273024 Page 6 of 7 a� From: 0 *4/2006 16:16 #026 P.012/023 DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Oil / Gas Division The below two projects were performed under separate contracts with the owners listed, but m conjunction with each other, as the project specification/description will explain The performance period for both of these jobs was from winter of 2000, and completed in 2001; overall performance period of five (5) months collectively. DBEC Customer. Project Owner. Project Title: Project Description: Contract Price: Customer Contact: Customer Address: ArchitBoYEttgineea: DBEC Customer. Project Owner. Project Title: Project Description: Contract Price: Customer Contact: Customer Address: Architect/Engineer. Tosco Same 42" Pipeline Relocation Relocate 4800' of 42" crude oil line. The line was relocated and removed to allow for the future restructure of Pier `S' for container storage. The new section of line was laid and. tied -in after the existing line was pigged, removing the product. One new section of the 42" line was concrete coated after it was laid to prevent floatation when the line became empty. The job was preformed on schedule and without any safety incidents. $2,300,000.00 Bill Otr (310)326 -7561 2650 West Lomita Blvd., Torrance, CA SPEC Services Southern California Edison Same Pier S Pipeline Relocations Relocate 2300' of twin 24" crude oil lines and construct mechanical piping and equipment pads. The 24" relocation was also done to accommodate the Pier `S' restructure. The 24 "Iine, after it was laid, was tied -in to the Edison facility. This required above ground piping and insulation of the piping and valves. The job was preformed within Southern California Edison's schedule. $1,300,000.00 Dave Nicholson (310)223 -1918 2500 E. Victoria St., Compton, CA Southern California Edison The information provided herein is confidentiaL By accepting the information, Ova m /Contactor agrees to (1) use the irfonoation only for purposes of evaluating the bid submitted by Doty Bros - Equipment Co., (2) hold the information in strictest ooufidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14116 CA C.L. 273024 _Page 7 of 7 o�& From: 9 0802006 16:16 #026 P.013/023 OOTY EROS. EQUIPMENT CO., ("DBEC") Project References Underground Division The Underground (utility) Division of DBEC performs a significant portion of its work for customers with which it maintains blanket or term contracts. The first three of the below listings represent just such contracts. Work for each of these customers is bid, and if award is made, it is performed under the terms of the current contract. The contract price listed represents an average of the value of the work performed on an annual basis. DBEC Customer. City of Los Angeles Department of General Services Project Owner. Same Project Tide: Supply Contract Number 57452, Installation of PVC Conduits Project Description/Location: Various, Los. Angeles Contract Price: $1,300,000 annually Customer Contact Jackie G. Antonio, Procurement Analyst (213)847 -0723 Customer Address: Room 110, City Hall South, 111 East First Street, Los Angeles, CA 90012 Architect/Ragineer. City of Los Angeles DBEC Job No: Various DBEC Performance Period: 1994 - Current DBEC Customer: Project Owner: Project Title: Project Description/Location: Contract Price: . Customer Contact Customer Address: DBEC Job No: DBEC Performance Period: DBEC Customer. Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: Architect/Engineer: DBEC Job No: DBEC Performance Period: SBC Same Outside Plant Labor/Engineering Services, Contract 1058PB Various, Southern California $2,000,000 annually L.K. (Lana) Hess, Technical Manager (916)972-3771 3707 Kings Way, Room C33A, Sacramento, CA 95851 SEC Various August 1988 — Current Verizon Same Outside Plant Services Various, Southern California $1,000,000 annually Bill Warren, Contract Administration 11 S. 4e Street, Redlands, CA Verizon Various I988 - current The information provided herein is confidential. By accepting the rt fomiation, owner /Contractor agrees to (1) use the information onb+ for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14 /06 CA C.L. 273024 Page I of3 i a From: 0 04/2006 16:16 #026 P.014/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Underground Division DBEC Customer. Pulp, Inc., &a Excel Paving Company Project Owner. City of Los Angeles Board of Public Works Project Title: EDA Chandler Blvd. and Lankershvm Blvd. Widening, W.O. E1904193 Project Description /Location.: Installation of underground conduit and vaults including trenching, casing conduits, provide and install manholes. Project located in the City of Los Angeles, on Chandler Blvd. between Vineland and Lankershim Blvd. Contract Price: $711,883.00 Customer Contact Bob Pace (562)599 -5841 Customer Address: 2250 Lemon Avenue, Long Beach, CA 90806 Atchite&JFmgineer: City of Los Angeles DBEC Job No:. 4030 -5084 DBEC Performance Period July 2005 — December 2005 DBEC Customer. WebcoiBuilders Project Owner. Beverly Hills Luxury Hotels, LLC Project Title: Montage Hotel, Public Gardens, Residences and Parking Development, Project Description/ Location: Subcontract No. 64502002600A Project Description/Location: Install all power (SCE), telephone (SBC) and CATV relocation including Customer Contact: conduit banks, vaults, manholes, handholes, lids and materials. Project Customer Address: located in Beverly frills, CA. Contract Price: $475,540.00 Customer Contact Tim Maxwell (213)239 -2800 Customer Address: 951 Mariners Island Blvd., -16 Floor, San Mateo, CA 94404 ArchitecVFAlgineer. Hill Glazier Architects DBEC Job No: 4030 -5088 DBEC Performance Period_ July 2005 — March 2006 DBEC Customer. City of Laguna Beach Project Owner. Same Project Title: Underground Utility Assessment Districts 99 -02 and 99-04 Project Description/ Location: Install underground utilities. Project located in Laguna Beach, CA Contract Price: $2,750,000.00 Customer Contact: Joe Chiquete, Project Manager (949)497 -3311 Customer Address: 505 Forest Avenue, Laguna Beach, CA 92651 Architect/Engineer: City of Laguna Beach DBEC Job No: Various DBEC Performance Period: April 2003 — Current the information provided herein is confidential. By accepting am information, owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 004106 CA C.L. 273024 Page 2 of 3 30 From: 080M 16:17 4026 P.015/M DOTY BROS. EQUIPM)4NT CO., ("DBEC ") Project References Underground Division DBEC Customer. Rudolph and Sletten, Inc. Project Owner. CJM / Pico, L.P. Project Title: Midtown Crossing Project (multiple phases), R&S Job 2894 Project Description2 ocimon: DBEC is providing subcontract support, contracted separately for each phase Project Description/Locadow of construction of the Midtown Crossing Project Project is a commercial development including the construction of an MTA bus terminal facility. DBEC is providing site utilities and installing 4000 If of pipeline, manhole structures and catch basin. Project located in Los Angeles, CA. Contract Price: $1;000.000.00 (two subcontracts) Customer Contact: Thomas Gibbons (323)857 -6337 Oobsite phone) Customer Address: 989 East Hillsdale Blvd., Ste. 100, Foster City, CA 94404 Architect/Engineer. Perkowitz & Ruth Architects DBEC Job Nos: 5090-0017, 5075 -5003 DBEC Performance Period: November 2004 — January 2006 DBEC Customer. ABB, Ine. Project Owner. City of Burbank Project Title: (i) Hollywood Way Off Ramp and Switching Station, (ii) Verdugo (Capon) Switching Station Project Description/Locadow DBEC supported both of these projects as a subcontractor for each providing all structural concrete work conduit, duct banks, cable trench and vaults for new switching stations, and on project (i), re -routed the fieeway o$ramp and built retaining wall. Projects located in Los Angeles at project title locations. Contract Price: $5,616,251.00 combined Customer Contact; Robert McCorkle, Project Manager (919)856 -3930 Customer Address: 940 Main Campus Drive, Suite 400, Raleigh, North Carolina Architect/Engineer: Duke Engineering Services DBEC Job Nos: " 5030-1036,50104003, 5010 -2046, 5010-2038,4030-2214,4030-1018,4020- 2138 DBEC Performance Period: January 2003 — July, 2004 DBEC Customer: CH2M Hill Project Owner. United States Environmental Protection Agency (USEPA) Project Title: Whittier Narrows Ground Water Treatment Facilities Project Description/Location: . Multi- Divisional project; DBEC's scope of work included civil, process mechanical and electrical work including 5 mi. of 24" pipeline, installation of electrical/telemetry systems, well conditioning and appurtenant work for a total-subcontract price of 11.5M. DBEC's -work was performed over a. three year period, from 2001 to 2003. This project was contracted by the USEPA, therefore required compliance with strict federal guidelines. Contract Price: $11,000,000.00 Customer Contact: Leliani Tedeski, Leilani.Tedeski@ch2m.com Customer Address: 3 Hutton Centre Drive, Santa Ana, CA Architect/Engineer: CH2M Hill DBEC Job No: 5090 -1014, 5075 -2029, 5075 -1035, 4030 -1083, 4030 -1079 DBEC Performance Period: 2001 — 2003 The information provided herein Fs confidential. By accepting the infornuthon, OwnedContracter agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros Equipment Co., (2) hold the information in arietest confidence, and (3) not use or disclose the information in any way adverse to Doty Rros. Equipment Co", =cep! as may be required by law. Rev. 08/14106 CA C.L. 273024 NO 3 of 3 3� From: 0 004/20 16:17 #026 P.016/023 DOTY BROS. EQUIPMENT CO., ( "DBEC') Project References Water / Wastewater Divisions DBEC Customer. Atlas Underground, Inc. Project Owner. City of Los Angeles Project Title: Pipe Burst Sewer Line Project Description/Location: Replace 80' of 8" sewer with 10" HDPE in the parkway under the railroad tracks by pipe bursting method with static-pull, using a hydraulic Vermeer 125 machine. Project located on 109'b Street, Compton, CA. Contract Price: $18,000.00 Customer Contact: Elector Loya (909)622 -7174 Customer Address: 1295 S. East End Street, Pomona, CA 91766 Architect/Engineer: City of Los Angeles. DBEC Job No: 1075 -5064 DBEC Performance Period: July 2, 2005 — July 13, 2005 DBEC Customer: City of San Juan Capistrano Project Owner. Some Project Title: Well Site No. 5 — Creek Crossing Project Description/L.ocanom Emergency directional bore under the creek crossing, installing 1100 If of 16" O.D. HDPE, 30' in depth. Challenges skillfully met in order to perform the project were due to the location of the work, in the wetlands, and parallel to horse stables. A temporary sound wall was required to be constructed in order to avoid disturbing the horses. Contractual performance was established at 90 days, and DBEC completed the .project in 60. DBEC provided coordinated as- builts to assist the City in producing the final drawings. Contract Price: $497,500,00. Customer Contact: Eric Bauman, Water Engineering Manager (949)493 -1171 Customer Address: 32400 Paseo Adelanto, San Juan Capistrano, CA 92675 Arehitedt/Engineer. City of San Juan Capistrano DBEC Job No: 1075 -5017 DBEC Performance Period: February 2005 — Mauch 2005 DBEC Customer. Rudolph and Sletten, Inc. Project Owner: CIM / Pico, L.P. Project Title: Midtown Crossing Project (multiple pbases� R&S Job 2894 Project Description/Location: DBEC is providing subcontract support, contracted separately for each phase of construction of the Midtown Crossing Project. Project is a commercial development including the construction of an MTA bus terminal facility. DBEC is providing site utilities and installing 4000 If of pipeline, manhole - structures and catch. basin. Project located in Los Angeles, CA. Contract Price: $1,000.000.00 (two subcouttacts) Customer Contact: Thomas Gibbons (323)857 -6337 0obske phone) Customer Address: 989 East ilillsdale Blvd., Ste. 100, Foster City, CA 94404 Architect/Engiuee : Perkowitz 8c Ruth Architects DBEC Job Nos: 5090-4017,5075-5003 DBEC Performance Period: November 2004 — January 2006 The information provided herein is confidential. By accepting the information, Owneerotmactor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, ami (3) not use or disclose the information many way advease to Doty Bros. Equipment Co., except as maybe requited bylaw. Rev. 00006 CA C.L. 213024 Pago 1 of 7 39, Fran: 0 W*2006 16:17 #026 P.017/023 DOTY BROS. EQUIPMENT CO., ( "DBE471 Project References Water / Wastewater Divisions DBEC Customer. South Coast Water District Project Owner. Same Project Title: San Juan Creek Property —Phase I Site Improvements Project Description/Location: Site preparation for desalinization plant including introduction of prototype method for the installation of 800 stone columns, implemented for this project for the first time in the United States. Columns were installed to produce soil densification, and mitigate risks associated with liquefaction. A particular challenge during performance of this project was the necessity to move over 1 00,0.00 c.y. of dirt onsite, and perform a significant portion of the work during off - season and unexpected bad weather, at minimal cost to the client while maintaining the project schedule. Project located in Dana Point and Laguna Beach, CA. Contract Price: $3,648,804.00 Customer Contact Robert W. Clark, P.E., Construction Manager (949)499 -4555 Customer Address: 31592 West Street, Laguna Beach, CA 92651 Arch iteabTaigineer. Tetra Tech, Inc. DBEC Job No: 5080 -4030 DBEC Performance Period: October 2004 — June 2006 DBEC Customer: California American Water Project Owner: Same Project Title: LA -0-104 Mt. Vernon Gradient Pressure Improvements Project Description/Lo=tion: Installation of approx. 6,000 If of 8" — 12" pipe for relocation of water and' sanitary lines, including valve abandonment and installation, main connections, paving, and installation of pressure regulators and meter boxes. Project located in Southern Division, Los Angeles County Contract Price: $718,502:70 Customer Contact. Raul Saenz, Operations Manager (626)6142535 Customer Address: 8657 Grand Avenue, Rosemead, CA 91770 ArchitectMngineer. California American Water DBEC Job No: 1075 -4915 DB$C Performance Period: December 2004 — June 2005 DBEC Customer: Walnut Valley Water District Project Owner. Same Project Title: Replacement of Portion ofNo. Side Line (Phase 1), W.O. 03 -2784 Project Description/Location: Install 24" main. Project located in the City of Industry, CA. Contract_Price :. _ _ . $332,451.00 Customer Contact En"k ITitchman, General Manager (909)595 -1268 Customer Address: 271 S. Brea Canyon Road, Walnut, CA 91789 Architect/Engineer: Walnut Valley Water District DBEC Job No: 1075 -4895 DBEC Performance Period: September 2004 — November 2004 The infamaation provided herein is confidential. By accepting the information, Owner(Conuactor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Fquipment Co., (2) hold the information in strictest confidence, sod (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as may be required by law. Rev. 08/14/06 CA C.L. 273024 Page 2 of 7 3� From: 0 0*4/2006 16:17 #026 P.018/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Water / Wastewater Divisions DBEC Customer. South Coast Water District Project Owner. Same Project Title: Dohney Park Road Fire Flow Protection Project Description/Location: Install approx. 1,600 if of 6" — 8" PVC C900 Class pipe, and 100 If of DI pips jack in place ppe, install 19 wedge gate valves, fire hydrant, 1" — 2" copper water service, 20' of CML&C pipe, meter vault, and appurtenant work. Project located in Dana Point and San Juan Capistrano, CA Contract Price: $757,471.00 Customer Contact: Robert W. CIark, Project Engineer/Construction Mgr. (949)499 -4256 Customer Address: 31592 West Street, Laguna Beach, CA 92651 Archibect/Engineer. South Coast Water District DBEC Job No:. 1075.4899 DBEC Performance Period: September 2004 — April 2005 DBEC Customer. Moulton Niguel Water District Projectowner Same Project Title: Recycled Water Moratorium Pipelines, Contract 2003.035 Project Description/location: Furnish and install approx. 5,000 If PVC C -Class recycled water pipelines and all appurtenant work. Project located in Aliso Viejo end Laguna Niguel, CA Contract Price. $635,746.00 Customer Contact Jill Caperton, Engineering Assistant (949)425 -3532 Customer Address: 27500 La Paz Road, Laguna Niguel, CA 92677 -3489 Arcbitect/Engineer CGvL Engineers DBEC Job No: 1075 -4682 DBEC Performance Period: June 2004 — September 2004 DBEC Customer. Black & Veatch Construction, Inc. Project Owner. Inland Empire Utilities Agency, ("IAUA') Project Title: IEUA Regional Plant No. 4 Pipeline Inspection Modifications Project Description /Location: lEUA needed t have several of the existing 42" outfall pipeline joints welded because they were structural joints subject to expansion and movement. DBEC located existing manholes, and excavated and evacuated the line of water, We then entered the- 42" line using recovery equipment and air blowers. The concrete at the existing joints was removed and the joint was welded. After the welding, the joint was cement coated to the existing condition. The manholes were reinstalled, backfilled and paved. Project located in Rancho Cucamonga, CA. Contract Pric:e:, . $45,777.00 Customer Contact Frank Spiezio (913)458 -2000 Customer Address: 11401 Lamar Avenue, Overland Park, Kansas 66211 Architect/Fngineer. IAUA DBEC Job No: 2070-4010 DBEC Performance Period: February 2004 — April 2004 The mfomtation provided herein is confidential. By accepting the information, Ownea/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co., (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Dorf Bros. Equipment Co., except as Wray be required by law. Rev_ 08/14/06 CA C.1.. 273024 Page 3 of 7 34 Fran: 082006 16:18 #(P26 P.019/023 DOTY BROS. EQUIPMENT CO., ("DBEC") Project References Water / Wastewater Divisions DBEC Customer, City of Azusa Light and Power Project Owner. Same Project Title: Gladstone Street 20" Water Line /Slip Line Project Descriptiowl oeation: installation of 11,000 if of 20" DSR -I I -HDPE water main. Project located on Project Description/Location: Gladstone St., Azusa, CA Contract Price: $1,200,000.00 Customer Contact: Chet Anderson (626)812 -5208 Customer Address: 729 N. Azusa Ave, Azusa, CA Architect/6agineer: City of Azusa DBEC Job Nos: 1075 -3504, 1075 -3715, 1075 -3939 DBEC Performance Period: May 2003 —January 2004 DBEC Customer: South Coast Water District Project Owner. Same Project Title: Pacific Coast Highway Sewer Force Main and Gravity Sewer Main Rehabilitation Project Description/Location: Install 10" PVC gravity sewer by jack and bore, install DI pipe, abandon sewer main, abandon main, install PVC liner, install manholes, excavation, backfrll, remove/replaoe concreWasphal% potholing, landscaping, traffic control. Project located in Laguna Beach, CA. Contract Price: $480,278.00 Customer Contact: Joseph L. Boyle, Project Engineer Customer Address: 31592 West Street, Laguna Beach, CA 92651 Architecl/Engineer: South Coast Water District DBEC Job No: 5080 -3012 DBEC Performance Period: April 2003 _ October 2003 DBEC Customer: Suburban Water Systems Project Owner, . ' Same Project Title: Construction of a Domestic Water Well Equipment Building, SWS WO 02- 1208 Project Description/Location: Construct pump equipment bldg., including concrete, electrical, plumbing, etc., pump base, onsite instrumentation and electrical, well discharge pipe, landscaping. Project located at Plant 142, 1331 W. Vine Ave„ West Covina, CA. Contract Price: $398,447.00 Customer Contact Michael E. DeGhetd, P.E. (626)543 -2500 Customer Address:.. 1211 E. Center Court Drive, Covin�_CA 919243603, ArchitectlEn eer: Suburban Water Systems DBEC Job No: 1075 -3316 DBEC Performance Period: April 2003 — February 2004 The information provided herein is confidential. By accepting the kibm ation, OwnerfContraetor ogees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros Equipment Co., (2) hold the information in strictest confid®cq and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co., except as tray be required by law, Rev. 08/14/06 CA C.L. 273024 Pap 4 of 7 35 From: 0 04/2()06 16:18 tf026 P.020/023 DOTY BROS. EQUIPMENT CO., ( "DBEC") Project References Water / Wastewater Divisions DBEC Customer. Project Owner. Project Tide: Project Desmiption/L.ocation: Contract Price: Customer Contact Customer Address: Architect/Engineer. DBEC Job No: DBEC Performance Period: DBEC Customer: Project Owner. Project Title: Project Description/Location: Contract Price: Customer Contact: Customer Address: Architeet/Engineer DBEC Job No: DBEC Performance Period: DBEC Customer. Project Owner.. Project Title: I' ti .. vin,- , nl a , / .... :., . Contract Price: Customer Contact: Customer Address: Architect/Engineer: DBEC Job Nos: DBEC Performance Period: Boeing Realty Corporation, ("BRC') Same Project 050260-01, Huntington Beach — McDonnell Business Canter Gravity and forced sewer lines and lift station installation. Project located at Boeing, Huntington Beach, CA $1,219,250.00 Mario Stavale, BRC Project Manager (562)593 -8143' (C.M.. Blair Fickett, Project Dimemsions, Inc., (949)476 -2246) 15480 Laguna Canyon Road, Ste. 200, Irvine, CA 92618 Boeing Realty Corporation 5080 -3021 Febnwy 2003 —September 2004 ' Vintage Petroleum Same 8" West Gas Line . Installed 10,000 If of 8" wet SDR 32.5 gas line with HDPE, tight fit, using subline method in accordance with DBEC's Subterra license. Project located on Son& Mountain and Torrey, Piru, CA. $528,376.06 Lyn Fees (918)87-9-5494. 110 West Seventh Street, Tulsa, OR Vintage Petroleum 1050 -3001 February 2003 —May 2003 ABB, Inc. City of Burbank (i) Hollywood Way Off Ramp and Switching Station, (ii) Verdugo (Capon) Switching Station DBEC supported both of these projects as a subcontractor for each providing all structural concrete work, and on project (i), re- routed the freeway offramp and built retaining wall. Projects located in Los Angeles at project title locations. $5,616,251.00 combined Robert McCorkle.PmjectManager (9I9)856 -3930 940 Main Campus Drive, Suite 400, Raleigh, North Carolina . I)uke.YAgineering Services. .._ 5030- 1036,501011003,5010 - 2046,5010 - 2038,4030 - 2214,4039- 1018,4020- 2138 January 2003 —July, 2004 The information provided herein is confidentiaL By accepting the ioformatioa, Owner/Contractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co, except as may be required by taw. Rev. 08/14106 CA C.L. 273024 Page 5 of 7 ?(0 Fran: 08 */20(16 16:18 #026 P.021/023 DOTY BROS. EQUIPMENT CO., ( "DBEC ") Project References Water / Wastewater Divisions DBEC Customer: PCL Construction Services, Inc. Project Owner. General Mills Operations, Inc. Project Title: Project SHAQ Project Description/Location: Installed site utilities including fire water, domestic water, sanitary sewer, storm drainage and process sewer systems. Project located at 1055 East Contract Price: -Customer Contact: Customer Address: Architect/Enginee DBEC Job No: DBEC Performance Period: DBEC Customer: Project Owner. Project Tide: Project Description/Location: Contract Price: Customer Contact: Customer Address: ArchitectT4gineer. . DBEC Job No: DBEC Performance Period: SandhIII Road, Carson, CA 90746. $1,905,966.00 Paul Kruger, Project Manager (952)882 -9600 12200 Nicollett Avenue South, Burnsville, MN 55337 Washington Group International 5075 -3005 January 2003 — July 2004 City of Ontario Same Compressed Natural Gas (CNG} Fueling Facility at the Public Works Agency Service Center, Contract No. UT 0102-03 Install one 300 scfin gas compressor, one 250 kw natural gas driven engine generator, 1,704 If of 1" compressed natural gas piping, 10 dual hose slow fill bank at school site, modify existing on -site slow fill bank, modify existing CNG. dispensing islands, modify electrical controls, remove and restore existing pavement and all other appur tenant work. Project located at Public Works. Agency Service Center, San Bernardino County, CA. $1,019,976.00 Fernando E. Cobos, Utilities Project Manager (909)395 -2600 1425 S. Bon View Avenue, Ontario, CA 91761 -4406 CGvL Engineers 5050 -2028 May 2002 —July 2003 DBEC Customer. CH2M Hill Project Owner: United States Environmental Protection Agency (USEPA) Project Title: Whittier Narrows Ground Water Treatment Facilities Project Desmiption/Location: Multi- Divisional project; DBEC's scope of work included civil, process mechanical and electrical work including 5 mi. of 24" pipeline, installation of electrical/telemetry systems, well conditioning and appurtenant work for a total subcontract price of 11.5M. DBEC's work was performed over a three year period, from,.2001 to 2003. This project was contracted.by.the USIIPA, therefore required compliance with strict federal guidelines. Contract Price: $11,000,000.00 Customer Contact: Leliani Tedwki, Leilani.Tedeski @ch2m.com Customer Address: 3 Hutton Centre Drive, Santa Ana, CA Architect/Engineer: CH2M Hill DBEC Job No: 5090 -1014, 5075 -2029, 5075- 1035, 4030 -1083, 4030 -1079 DBEC Performance Period: 2001 — 2003 The information provided berein is confidential. By accepting the information, OwnedContractor agrees to (1) use the information only for purposes of evaluating the bid submitted by Doty Bros. Equpmmt Co, (2) hold the information in strictest confidence, and (3) not use or disclose the information in any way adverse to Doty Bros. Equipment Co_, except as may be required'by law. Rev_ 08/14/06 CA CL 273024 Page 6 of 7 x J Fran: • C04/2006 16:18 1ii026 P.022/023 DOTY BROS. EQUIPMENT CO-, ( "DBEC") Project References Water / Wastewater Divisions DBEC Customer. Project Owner: Project Title: Project Description/Location: Contract Price: Customer Contact Customer Address: ArchitecbEnginec: DBEC Job No.: DBEC Performance Period: DBEC Customer. Project Owner: Project Title: Project DescriptiontLocation: Contract Price: Customer Contact Customer Address: AmhiteoVEngineer. DBEC Job No: DBEC Performance Period: California American Water — LA. Division Same Mount Vernon Gradient 11 Streets in Baldwin Hills rnstalMon of water mains in various locations in Baldwin hills $718,502.70 Jay Burnett, (626) 614 -2535 ext 27 P.O. Box 5087, Mt. Laurel, NJ 08054 -1108 1075-4915 January, 2005 — November 2005, Southern California Edison Same MVL — Wastewater Pipeline Rehabilitation Rehabilitation and Repair of 12" 'Wastewater Line. Mountainview Power Plant, San Bernardino, CA $1,533,480.01 Jerry Evelyn, (626) 302 =5278 P.O. Box 800, 8631 Rush Street Rosemead, CA 91770 1075-4903 9/7104 — 5/18/05 . 'Me mf ration provided heron is confidential. By accepting are mfotation, OwnedCm&wtor agrees to (i) use the information only for purposes of evahmating the bid submitted by Doty Bros Equipment Co, (2) hold the information in strictest confidence, and (3) not use or disdose the information in any way adverse to Doty Bros Equipment Co., except as may be required by law. Rev. 0&/14/06 CA CZ. 273024 Page 7 of 7 - n Fran: 080M 16:18 #026 P.023/023 •• :.• . 1 • Doty Bros. Equipment Co., . C DBEC'� maintains blanket or term contracts with many municipalities and private customers, including some projects involving federal government contract work. These contracts are established for the convenience of the customer, and allows the customer to contact us for responses and provision of our service without the additional burden of evaluation and negotiation of terms, which are pre - established and in place'. Some of these contracts are for the provision of emergency services, and our customers depend on a timely response. Some of those companies are listed below. Apple Valley Ranchos Water Co. AT &T Corporation BP West Coast Products LLC California Water Service Co. Cape$ Environmental, Inc. Chino Sills; City of Cucamonga County Water District Disneyland Resort Etpuilon Enterprises, LLC (SHELL) Global Crossing Telecommunications, Inc. Kerr -McGee Corporation Kinder Morgan (SFPP, LPISPPL) Knott's Berry Farm, A Cedar Fair, L.P. Park Laguna Beach County Water District Los Angeles, City of Department of General Services MCI Purchasing, LLC Mesa Consolidated Water District Norwak City of Orange County Water District Santa Ana, City of Santa Clarita, City of sac west Sempra Energy Southern California Water Company Sprint United Management Co. STC Netcom, Inc. Suburban Water Systems Tidelands Oil Production Co. Vintage Petroleum, Inc. Walnut Valley water District The Wfor &Wn provided bervin is wffidennal. By acapdag the information, Owner /Contractor agrees to (1) use the ioformatiah only for purposes of evalaaang the bid submitted by Doty Bros. Equipment Co., (2) hold the information in shietest wnfidwa, and (3) not use or disdose the information in anyway adyesse to Doty Bros. Equipment Co., exaptas may be required by law. (Rev. "114A6 CA CL, 273024 N COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTWE JULY 1, 2006 TO JUNE 30, 2007 Apprentice Rates: Apprentice rates as listed above are the highest dassi5eation priorto journeyman full scale rates. Billing rate for Apprentice will be based on actual dasstloalmn. Subsistence: S65.DD/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constibded shift shall be time and one hall. Sundays and holidays shall be pakf at double time. For Operating Engineers - fim four (4) hours outside regular shin, and fuss twelve (12) hours on Saturday is time and one hall; all additional hours at double time except holidays which are at triple time. Emergency "call outwork" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, Plus mark -up of 15% Boundaries of Southern Catifonda Cost Pius Rates: comets of the eleven (11) counties of Los Angeles, Wo, Mono, Orange, Riverside, San Bernardino, imperial, VenhM Santa Barbara, San Luis Obispo, Kem and in addlton: Richardson Rock Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel island, Santo Barbara Island, Santa Rosa Island, Anacaps Island, including the Channel Islands Monument Ram Scale does not Oxhrde San Diego County. NOTE: Wage scales are in accordance with Associated General Contractors Master Labor Agreement, and are subjectto change without notice. This rate sheet Is not all Inclusive; additional classifications available If required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com Ho PAY STRAIGHT OVER DOUBLE PAY STRAIGHT OVER DOUBLE CRAFTSMAN,VASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPEN76W OPERATING ENGINEERS General Foreman CGF 74.24 104.03 133.81 General Foreman, Appdx A OGF 81.80 111.81 141.63 Foreman OFM 70.91 99.02 127.14 Foreman, Appdx A OFM 7929 108.06 136.82 Journeyman CJM 67.57 94.02 120.47 Group 1, Appdx. A - Offer - 001 71.97 97.66 12218 Shinglar CSJ 67.79 94.34 120.90 Group 2, Appd c A - Oler OG2 7328 99.03 124.79 Apprentice - still Period (90 %) CAS 62.28 86.09 109.88 Group 8, Appdx. A- Universal OGS 76.8D 104.31 131.82 Group 10, Appdx A- Mecha to OGA 77.00 104.61 132.23 Group 8, AppcbL 8 - Crane < 25 Tons OB6 77.28 105.03 13279 MILLWRIGHTS - Group 9, AppcbL B - Crane 125 Tons 089 77.57 105.47 138.35 General Foreman CMG 75.06 105.27 135.48 Apprentice, Grp S. Appdx A- Step 6 (90%) OAS 7236 96.37 124.36 Foreman OMF 71.75 10027 128.81 Journeyman CMJ 66.41 9527 12213 Apprentice - 8tn Period (95 %) CM8 65.60 91.13 116.64 U.A. PIPERTTERS/WELDERS ' INDUSTRIAL General Foreman IGF 65.43 119.54 150.60 CE7KENTMASONS Foreman IFM 80.13 111.59 140.17 Foremen MFM 67.50 89.60 111.69 Journeyman - Welder/Fdter !JM 72.12 99.58 124.44 Journeyman MJM 64.99 85.85 106.69 Apprentice - Fi<tr Yew Vt5 57.96 80.27 100.62 F &T Machine Operator MTO 65.41 86.47 107.53 Apprerdice - Shin 6 Mos. (90 %) MAS 60.63 79.59 9 8.35 SHORTLWE(LOCAL 250) Foreman SFM 84.81 116.37 148.98 . Journeymen (Weidar/Flttu) SJM 78.07 1D9.75 137.57 LABORERS Welder Helper . SWH 44.99 61.69 7726 General Foreman LGF 63.31 85.32 107.33 Pre - Helper SPH 28.88 37.11 47.34 Foreman LFM 61.64 8281 103.99 Croup 1 - Gartered LGi 54.72 72.43 90.14 Group 2- Wrapper >6" LG2 55.63 73.81 91.98 UT9JTY Group S- PTON/rapper<6' LG3 58.55 75.18 93.81 Ferman UFM 63.47 59.04 11329 Croup 4 - Pipe layer, C&S LG4 59.13 79.05 98.99 Welder UWJ 56.91 79.19 100.15 Group 5 - Blaster LG5" $9.72 79.93 100.15 JourneymaN -user UFJ 47.84 65.66 82.45 Apprentice - ft Period (85 %) LA6 48.12 65.30 82.49 Pipe Tradesman 0 UP2 34.99 46.57 57.07 TEAMSTERS - ELECTRICIANS /INSIDE WREMEN General Foreman TGF 66.57 88.63 110.70 (Rates subject to project location & employee base hKaftn) Foreman TFM 64.91 86.13 107.36 GeneralForeman EGF 96.42 135.57 174.71 Group 2 - 2 Pode TG2 61.97 81.73 101.48 Foreman EFM 85.84 119.69 153.54 Group 3 - 3 Axle TG3 6218 8205 101.91 Jouneyman EJM 78.96 109.38 139.79 Group 5 - Waddng Truck Driver TG5 6240 8238 10236 Apprentice -10th Period (85 %) FAO 68.55 94.42 120.28 Group 6 - 4 m More Ards TGS 6260 8268 102.75 ' Group 9 - Lo-Bed TG9 63.77 84.43 105.08 PROJECT MANAGEMENT Subjoumeyman -4001 -6000 Fire. TA3 46.59 60.16 73.73 Project Manager MPM 94.94 129 -87 167.72 Group 12 - WTD BoomTrk Cart TBT 65.68 68.17 110.70 Superintendent MSP 85.18 116.09 149.94 Project Engineer MPE 66 -11 96.76 127.41 Apprentice Rates: Apprentice rates as listed above are the highest dassi5eation priorto journeyman full scale rates. Billing rate for Apprentice will be based on actual dasstloalmn. Subsistence: S65.DD/day Travel Time: Customer will be advised if travel time is applicable Overtime Rates: All hours outside regularly constibded shift shall be time and one hall. Sundays and holidays shall be pakf at double time. For Operating Engineers - fim four (4) hours outside regular shin, and fuss twelve (12) hours on Saturday is time and one hall; all additional hours at double time except holidays which are at triple time. Emergency "call outwork" - Four (4) hour minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, Plus mark -up of 15% Boundaries of Southern Catifonda Cost Pius Rates: comets of the eleven (11) counties of Los Angeles, Wo, Mono, Orange, Riverside, San Bernardino, imperial, VenhM Santa Barbara, San Luis Obispo, Kem and in addlton: Richardson Rock Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel island, Santo Barbara Island, Santa Rosa Island, Anacaps Island, including the Channel Islands Monument Ram Scale does not Oxhrde San Diego County. NOTE: Wage scales are in accordance with Associated General Contractors Master Labor Agreement, and are subjectto change without notice. This rate sheet Is not all Inclusive; additional classifications available If required. (v2.0) CA C.L. 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com Ho BOOM TRUCK - UP TO 8 TONS BOOM TRUCK - 10 TO 11 TON BOOM TRUCK - 14 TON BOOM TRUCK - 23 TO 25 TON GROVE CRANE - 15 -18 TON RT (OR EQUIVALENT) GROVE CRANE - 28 TON FORKUF7S 6,000 LB 20,000 LB LOADERS. 3KIPLOADER - CASE 5BOIMF40E 330 CAT RUBBER TIRE LOADER 350 CAT RUBBER TIRE LOADER 350E CAT RUBBER TIRE LOADER MBC CAT RUBBER TIRE LOADER xOAD EfJUlP64ENT AT MODEL 140 GRADER TBRATOR ROLLER, FR 1 TON HAND (WALK BEHIND) 'OLLER - (RIDE ON) LASHING ARROW - (4 HR. MIN.) iLT TRAILER / CABLE DOLLY TTEL.0 COLD P.lANER.. (A HR. MIN.) IPPER GRINDER (RATE PER DAY+ MOVE -0N) 0 450 SIDEBOOM AT D-6 SIDESOOM AT 561 SIDEBOOM AT D-7 SIDEBOOM AT 572 SIDEBOOM AT D-4/ JD 450 DOZER AT D-6 DOZER 11917 F. Firwctnna RhiA Nnrcvatl- rA HOUR RA77 $ 13 $ 15 $ 19 $ 41 $ 19. $ 25. $ 16. .$ 27. $ 38. $ 30. $ 35. WELDERS MISCELLANEOUS DOTY BROS,, $ 30.00 Construction Company $ 15. COST PLUS RATES - EQUIPMENT 200 AMF, TRUCK MOUNTED SOUTHERN CALIFORNIA $ COST PLUS RATES EFFECTIVE JULY 1, 2006 TO JUNE 30,2007 $ 49.0D HOURLY #851 BEVELING MACH. OR EXT. LINEUP CLAMP & GLITTERS V -14" BACK HOES RATE TR / CASE 580 /JD 310 $ 36.00 PICKUP TRUCKS - MIX. TOOLS NOT INCLUDED JD 710 $ 44.00 SERVICE TRUCK I4WD PICKUP - MISC TOOLS NOT INCLUDED CAT 235 -TRACK MOUNTED $ 110.OD 2-3 TON - FLATBED, A- FRAME, UTILITY, HOE MOVER CAT 300 -TRACK MOUNTED $ 105.00 HIGHWAY TRACTOR W/1RAILER (LOWBED)+ MOVE PERMIT FEES CAT 345 - EXCAVATOR $ 135.00 DUMP TRUCK - 5 YARD (BOBTAIL OR FLAT BED) #1176 BORING MACHINE 1314" (PER DAY) DUMP TRUCK - B YARD COMPACTION EQU/PMENT $ 21.00 40,000 LB. TRAILER ARROW (HYDRO HAMMER) $ 43.00 DUMP TRUCK - 10 YARD (10 WHEEL) 54" SINGLE DRUM VIBRATING SHEEPS FOOT $ 44.00 LOWSIDE END DUMP TRAILER WITH TRACTOR (PER DAY) $ WATER TRUCK. - (1,500 -2,000 GALS.) COMPRESSORS WM LB. BREAKER. CLAY SPADE & TAMPER WATER TRUCK - (3,500 GALS.) 125 -185 CFM $ 20,00 10. BOOM TRUCK - UP TO 8 TONS BOOM TRUCK - 10 TO 11 TON BOOM TRUCK - 14 TON BOOM TRUCK - 23 TO 25 TON GROVE CRANE - 15 -18 TON RT (OR EQUIVALENT) GROVE CRANE - 28 TON FORKUF7S 6,000 LB 20,000 LB LOADERS. 3KIPLOADER - CASE 5BOIMF40E 330 CAT RUBBER TIRE LOADER 350 CAT RUBBER TIRE LOADER 350E CAT RUBBER TIRE LOADER MBC CAT RUBBER TIRE LOADER xOAD EfJUlP64ENT AT MODEL 140 GRADER TBRATOR ROLLER, FR 1 TON HAND (WALK BEHIND) 'OLLER - (RIDE ON) LASHING ARROW - (4 HR. MIN.) iLT TRAILER / CABLE DOLLY TTEL.0 COLD P.lANER.. (A HR. MIN.) IPPER GRINDER (RATE PER DAY+ MOVE -0N) 0 450 SIDEBOOM AT D-6 SIDESOOM AT 561 SIDEBOOM AT D-7 SIDEBOOM AT 572 SIDEBOOM AT D-4/ JD 450 DOZER AT D-6 DOZER 11917 F. Firwctnna RhiA Nnrcvatl- rA HOUR RA77 $ 13 $ 15 $ 19 $ 41 $ 19. $ 25. $ 16. .$ 27. $ 38. $ 30. $ 35. $ 38.00 #890 CLEANING BALL $ 54.00 WELDERS MISCELLANEOUS $ 78.00 $ 30.00 200 AMF, TRAILER OR SKID MOUNTED 2200 $ 15. $ 45.00 200 AMF, TRUCK MOUNTED $ $ 28. $ 49.0D WELDING SKID - QTY. 4 #851 BEVELING MACH. OR EXT. LINEUP CLAMP & GLITTERS V -14" $ 11. $ 54.00 #836 BUFFERS & GRINDERS #6866 CEMENT MIXER $ 56.OD *850 CHAIN SAW (INCLUDES BLADES) $ 65.00 MISCELLANEOCS #1176 BORING MACHINE 1314" (PER DAY) $ 15. $ 21.00 #1177 BORING MACHINE 3 V2" (PER DAY) $ 20. $ 33.00 #1520 BORING MACHINE 4" - B" (PER DAY) $ 25. #654 BORE MOTOR .(PER DAY) $ 10. CEMENT SAW - SMALL (PER DAY) $ 20. CEMENT SAW - MEDIUM (PER DAY) $ 25. $ 30.00 . CEMENT SAW - LARGE (PER DAY) $ 30. $ 44.00 #848 CHAIN LINK FENCE PANELS (/EACH/ PER JOB) $ 24. $ 55.00 #647 CHAIN LINK FENCE (/ FOOT / JOB) $ 2 $ 66.00 *1085 POWER BROOM - TRACTOR MOUNTED (PER HR) $ 20. $ 51.00 #820 TAPPING MACHINE (WATER LINES UP TO 2")(PER INCHIPER DAY) $ 20. #828 TAPPING MACHINE (WATER LINES 3" TO 12") (PER INCHIPER DAY) $ 20. #1082 BENDING MACHINE 6" TO 20" PLUS SHOES & FREIGHT (PER DAY) $ 400. $ 38.00 #890 CLEANING BALL $ 54.00 #1535 COMPACTOR (NERVOUS TURTLE) MISCELLANEOUS $ 78.00 #879 BARRICADES 1 DELINEATORS I CONES $ 2200 PLYWOOD 113 REPLACEMENT COST $ 28.00 SHORING LUMBER B" X B" X 8' 113 REPLACEMENT COST $ 17.00 SHORING LUMBER 3"X 12'X 14' 113 REPLACEMENT COST $ ' 12.00 #851 BEVELING MACH. OR EXT. LINEUP CLAMP & GLITTERS V -14" $ 220.00 #839 BEVELING MACH. OR EXT. LINEUP CLAMP ` CUTTERS 16"y?6" $ 350.00 #836 BUFFERS & GRINDERS #6866 CEMENT MIXER *850 CHAIN SAW (INCLUDES BLADES) $ 38.00 #890 CLEANING BALL $ 54.00 #1535 COMPACTOR (NERVOUS TURTLE) $ 60.00 #691 CONCRETE VIBRATOR $ 83.00 #882 CONSTRUCTION SIGNS $ 75.00 *878 CROSSING PLATES $ 40.00 #810 CUT -OFF SAW (INCLUDES BLADES) $ 74.00 #837 DEAD WEIGHT TESTER EMULSION POT SPRAYER Page 1 of 2 Plxnno• (SF91 RrA_A,;A.A. 17, (CA.')\ AA6_4011 xxn:..x. rinfx.l.rno DAILY RATE $ 1, $ 25,1 _.... .$ 504 $ 25.1 $ 40.1 $ 50.1 $ 10.1 $ 150.( $ 40.1 $ 4.1 $ 6.: $ 50A $ 60.1 $ 60.1 41 AWCELLANEOUS FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) 9841 FLOW LINER #1807 GENERATOR (3.5 - 5 KW) #842 HILT) GUN #836 HOLIDAY DETECTOR #875 LADDER LIGHT STAND #840'MANHOLE BLOWER #843 PIPE LOCATOR 61834 TESTING TABLE 9853 POWER THREADER 9835 SKILL SAW (INCLUDES BLADES) 9827 TAP MACHINE - T.D. WILLIAMSON (UP TQ 3') #882 TAR POT #892 TEST PLUG TEST PUMP - 200 LB. 01815 TEST PUMP 2DD LB.-400 LB. SPRAGUE 98818 TEST PUMP $,ODD LB. TRAILER MOUNTED #845A TRANSIT - LEVEL 98456 TRANSIT - LASER #8450 TRANSIT - THEOLITE 9877 TRENCH JACK (SCREW) UTILITY VEHICLE (NON -HWY) #1861 VIBRATOR PLATE (24') 91860 WACKER TAMPER 9893 WALKIE TALKIES (SET OF 2) 9871 WATER HOSE 11/2"X50' 9872 WATER HOSE 2 1rZ X 50' 91831 WATER PUMP r PORTABLE 01832 WATER PUMP 3- PORTABLE SANDBLASTER W /ACCESSORIES WEED WACKER DAILY RATE $ 125.00 $ 25.00 $ 50.00 $ 50.00 $ 25.00 $ 10.00 $ 15.OD $ 40.00 $ 25.00 $ 60.00 $ 65.00 $ 20.00 $ 100.00 $ 50.01) $ 10.00 $ BD.DD $ 125.00 $ 175.00 $ 25.00 $ 75.00 $ 35.00 $ 4.00 $ 50.00 $ 85.00 $ 85.00 $ 25.00 $ 6.00 $ 7.50 $ 50.00 $ 75.00 $ 125.00 $ 50.00 0 AIR TOOLS #670 AIR HOSE 3.W" X 50' 9868 CHIPPING GUN #666 CLAY SPADE 98641MPACTWRENCH 1' #856 JACKHAMMER #867 PAVEMENT BREAKER 9869 RIPPING GUN 9865 ROCK JACK #852 ROTARY HAMMER 2859 TAMPER 9860 PORTA BAND SAW SAFETYAND NAZMAT EOIIlPMF.M 9844 EXPLOSIMETER 9914 MULTI -GAS DETECTOR I PID H2S MONITOR 9913 TRIPOD W/HARNESS 9916 SCBA 9918 ESCAPE AIR PACK RESPERATOR - HALFIFULL MASK RESPERATOR CARTRIDGES (PAIR) SAFETY HARNESS . Page 2 of 2 (PLUS STEEL) (PLUS STEEL) (PLUS STEEL) (PLUS STEEL) (PLUS STEEL) (PLUS STEEL) 11232 E. Firestone Blvd. Norwalk- CA 90650 Phone: (562) 864 -6566 Fax: (567) 964 =6057 ix mv r1ofvhrnc DAILY RATE $ E $ 35 $ 35 $ 35 $ 35 $ 35 $ 35 $ 35 $ 50 $ 35 $ 35 50. 1 D0. 15. 100. 40. 25. 5. 15. ua Al-p- 08-2006 11:10 From:USI COAST 9493410321 o:949 6465204 P.2/10 TFIE POUCICS OF MlSLIRANCE USTED BELOW HAVE SEEN MSUEO TUTHE WWREO NA MABOVE FOR THE POUCYPEMOP INDICATED. WM MSTANDM ANYmOuFadac TERM oR cmomm oFANYCoNTRACroR OTHBt6=mA?rrWITHRESPECT To WWCH TNSOER71 mm IAAYae MIED OR MAYPERTAIN. THEBi UVACEPFFORAEO _BYTHEPOLICIESDESMMMMERBH IS % MAWTOALL7FETEWM3 .9=LUSIONSANb GOMnONSCFSUCH POLOES. ACGWEGATE L M M SHOWHM4Y ME BEEN REDUCED BY PAP GLMM3. TYPE OF IMOLMRANCE POIt:YMBMeER am 70111105 1oHi/06 LYM A uABmj^' x urKAPaaAte�tAtLrAactrr r1fYAS IrADE QOCCUR BFPD/xCU x Contractual GCRLAGGW,G+TEUMAPPUESPEre Poucr Fxl PA M Loc GL1SSWW FACHOOCUMMXG s1000 ¢ osmarm $50,060 &MOEXP(Aw9mPmn 93 PmsomlAwwwxr si 000 Ge*F LAa'MMOXTE 000 FROMM- CM.PXPAW 000000 BM SIR 00 00 B tnrxou"Iummm x ARYAUro x (AWNED A= VCKMUsnarms z MREDAMOS x "mxV +mmyrm x Camp $1,000 x CWI St,000 CAS202193 ass to 2003 and newer cars 10111/05 only 10111/06 oqw��aar�I®®sarocEUwr t1000,p00 �� : s tP ocBRTroAMncs s GARAGE U40dY AWANO AUm&&Y- PAA0QtWT s OTRERrrm EAAoC A MOPILY. AM s A9 MUZA UAatLnY DOOM 13LlAe UAGE GEMnTt" we"OCCtMMOMME. SOMPICOATE EON—'000 C wortmMCOMW%ATIOWam EapL°vena�uAmury A� Y7>+EBtlIXECVTNE M o plol -m a• a WC13dTi63 Mims 10111/06 FL DMEAX' -EA 0:1 ADNOW EL.MmK- PM=LMr 1611,001000 "Hat oESCamTaawoPatATwasrLOCAnan rvornsarEULUaaaAOOmarnHPORSwreMTrixau .weovewns Re: All Operations. The City of Newpor7 Beach, its elected or appointed ,mlimm. o clels, ernployoos, agents and volunteerwam tmnwd as additional insured as respects to General Liability and Automobile Uability Policies. Waiver of Subrogation appliim to General Uubirdy, Automobile Uabiilty and Workers Compensation policies. (p) City of Newport Beach Pubgo Works Dapt. 3300 Newport Blvd. Newport Beach, CA 925584915 7 of 7 SAd:t7m77 AWn DeaCtMrm POLM. E99ECANCBL ED UVOMIKEG (AUM IeawaaarsrLrs�ruLt 70raAA 0 D&TSWRMEx r IGIe X1 RUG - 08;2006 11:10 From:USI CORST 9493410321 • To:949 6965204 P.3z10 IMPORTANT If the cerlikate holder is an ADDITIONAL INSURED. the WCy(ies) must be endorsed. A sfinement on this ceNficate does not cattier rigors to the Certificate hDWe( in fieu of suoh endorsernent(s). If SUBROGATION IS WAIVER, "ea to the lama and conditions of the policy. certain polioies may require an endorsement. A slatement.on this certificate does not confer rights to the certificate holder in Iteu of such andorsemengs), DISCLAIMER The Certificate of insurance on dw retrarse aide of this form does not constmo a oongract between the. issuing k=VCAG), authorized represerdetwo or produwr and the oer4firsta Calder, nor does fl aifintle @vely or nogaiiyey errterrd, extend a alter the coverage WWod by the pofdes fated inom tm ACORD 2ss (toolfoa) z of l us( FW -08 -2006 11:10 From:USI S* COAST 9493410321 :949 6465204 P.4/10 YV I 6r{V ACORD., CERTIFICATE OF LtA81L[TY INSURANCEmp°""" USI Irvine - C/L ONLYANO CONFERS NO RiGM UPON IME CERTIACATE 1-14 03511B2"49•i9o.9339(S=n) HOLDER. THIS CERTIFICATE DOES NOTAMENO, EXTEND OR I p 0 Box 53410 ii ALTER THE COVERAGE AFFORDED BY THE POGCIE'ST BELOW. Irvine, CA 926193310 1..._..__._ I ...._ _ I Doty Bros. Equipment Co. 11232 E. Firestone Blvd Norwalk, CA 90550 ANYAUTO ALL OwrMO AUTOS SPIEVfA.BDAUTOS HuiFOAUT0S NOWOWII®AUTOS WW ABOVE rOR THE POUCY FOWD WOICATM NOTWITterAR 4 r WRH RESPEGTTo WHICH THIS CERTIFICATE MAY BE ISSUED OR SUM= TO ALL THE TVMS. EXCLUSIONS AND COf• MON$OF SUCH =�DA MOE Is •NYAr1T0 OTHd3 tNA1r CAA= f AUrOONLH AM f JAI w ,,,rr 10H1ro5 1011106 EAMOO� NE s 2 sc 5 D0000 0 00000 0 000 n M (XAW A9E Te DEN M E NXRETENTION S10,000 s wOR1SR09OWHISAMN AND w'CBTA O 0moviRru arY F1. EApl AOdD@IT f or+xamPoETOFWM� Re: All Operations. The City of Newport Beach, Its eieded or appointed . MUM, ofliculs. employees, agenkS and-vol u-nt-e-s-r-s are named as additional insured as respects to General Liability and Automobile Uablltty policies. Waiver of Subrogation applies to General Uability, Automobile Liability and Workers Compensation policies. {p} SNOOILANY OFYNE ABOVE DESCRIOED POUMO 9E9ANCILLW aEMM TIM EMRATION City of Newport Beach DAT81H9tEoF,TNeISawl wwnE iNLLnoo4Oik uAJw —= w&TSwwrrEu PDblle Works Capt. YoTHeoaTltTCATCHOIDe rsNAYFOTOTHELEFT QUO p0eO8CiSRx 3300 Newport BWd. rmmaUODUUamsoBOOc Newport Beach, CA 92638.9915 1 of 2 CM320213 CJCJC m q5 AWW 08 =2W 11:11 From:LISI CORST 9493410321 To: 949 6465204 P.5/10 IMPORTANT If the oet860ate Polder is an ADDtTIONAL INSURED. the poucy((es) must be endorsed. A statement on this certBct" dogs not confer rights to the Certfcaie hold" in freu of such WWOrsememt(s). If "ROGA"C)N IS WAWW- subject to the teens amd wn(Wons of the policy. oeftn pDWes may require an endorsement. A statemerd on this cerfifcate does mgt Confer rights to the certificate holder Gh fieu of such endorserneng4. DISCLAIMER The CettfioaM of lnsurence on the reverse skis of this form does rot consdiate a contract between the bwkW insurar(s), authorized represeritafW or producer, and the certificate holder, nor does it affim's6my or newively amend. extend or altar tie coverage afforded by the policies Ilsted thereon. ACORD 2bS P20011M o ..r n ri fU.9 -08- 2096.11:11 From:USI W COHST 9493410321 W949 6465204 P.6/10 POLICY NUMBER: CLISS8660 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDMONAL INSURED - OWNERS, LESSEES OR CONTRACTORS (FORM B) 71&e*W=w wmark.8=t Vmv*d eodcr4w Mbwka: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Newport Beach, its elected or appointed officers, officialS, employees, agents and volunteers RE: All Operations (If no entry appears above information required to complete this endorsement Will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section R) is amended to include as an insured the person or organization shown in the Schedule, but only with rasped to liability arising out of "your work" for that insured by or for you. PRIMARY CLAUSE ENDORSEMENT: It is further agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insurance, but only as respects to airy Cl" loss or liability arising out of the operations of the Named Inaurcd and any other insurance maintained by said Additional Insured shall be non- contributing. CG 20 10 11 85 Copyright Insurance Services Office, Lao, 1984 U7 AL16-08-2006 11:11 From:USI4r COAST 9493410321 • To: 949 6465204 P.7/10 POLICY NUMBER: GLISS9660 COMMERCIAL GENERAL LIABILITY THIS ENDOgS) mFNT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER RIGHTS OF RECOVERY AGAINST OTHERS This endorsement modi fees insurance providod under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTf VE LIABII,ITY COVERAGE PART SCHEDULE Name of Person or Organization: The City of Newport Beach, its elected or appointed officem, officials, employees, agents and volunteers RE: All Operations (If no entry appears above, information required to complete this endorsernent will he shown in the Declarations as applicable to this endorsement.) We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of "your work" done undcr a contract with that person or organization. The waiver applies only to the person or organization shown in the Schedule. CG 24 04 11 85 Copyright, Insm== Services Officc, Inc:, 1984 M, "-08 72Q06 11.:11 From:USI W COAST 9493410321 POLICY M CAS262193 iNSi nws NAI - Doty Bros. Equipment Co. •o:949 6465204 COMM 11CLAL AUTO THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following, BUSYNESS AUTO COVERAGE FORM SCHEDULE Name of Person or Organization: P. W10 I'lte City of Newport Beach, its elected or appointed officers, officials, employees, agents and Yolunteers RE: All Operations PR1 MARY CLAUSE RNI)ORSFIMM: It is farther agreed that such insurance as is afforded by this policy for the benefit of the Additional Insured shown shall be primary insumncF but only as respects to any claim, loss or liability arising oat of the operations of the Named Insured and any other Insurance maintained by said Addldona Insured shall be non - contributing. WHO IS AN INSURED (section In is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use ofa covered "auto" q AI7 08-2006 11:11 From:LSI COAST 9493410321 OT o:949 64G5204 P.9/10 POLICY #: CA8262183 INSUREDS NAME. Doty Bros. Equipment Co. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE pOLICy, PLEASE READ IT CAREFULLY ADDITIONAL INSURED - DES[CNATED PERSON OR ORGANTZATION T1tis endorsement modifies insuranco provided under the following: BUSINESS AUTO- COVERAGE FORM SCHEDULE Name of Person or Organization: The City of Newport Beach. its elected or appointed officers, officials, employees, agents and volunteers Ii& All Operations We waive any right of recovery we may have against the person or organization shown in the Schedule because of payment we make for injury or damage arising out of "your work" done under a contract with that person or Organization. The waiver applies only to the person or organization shown in the Schedule, WHO IS AN INSURED (section 11) is amended to include as an insu -cd the person or organisation shown in the Schedule but only with respect to liability arising out of the ownership, maintenance, or use of a covered "auto" PRIMARY CLAUW WiDOPMEMENT: this lmmnce is Primary and any other insurance maintained by such additional insureds is non - Contributing with this insurance as respects claims or liability arising out ofer resulting from the ads or omissions of the named insured, or Of others for work performed by or on behalf of thenamed insured. a AUG- 0B,- 2006,11:11 From:IJSI cr� CORST 9493410321 :949 6465204 Workers Compensation and Employers Liability Insurance Policy Policy Number: WC1347163 Pollcy Period: 10/11/05 to 10/11/06 Insured: Doty Bros. Equipment Co. The information above is required only when this endorsement is issued subsequently to preparation of the policy, WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA We have the right to recover our payments from anyone liable for an injury coverall by this policy. We will not enforce our right against the person or organization named to the Schelde. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records a0wrately segregating tlhe renumeradon or your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shah be no % of the California workers' compensation premium otherwise due on such renumeration, Schedule Person or Oraank9m The City of Newport Beach, its elected or appointed officers, officials, employees, agents and volunteers RE: All Operations 7Trs endorset last charges the policy to which it is attached and Is effective on the date Issued unless otherwise stated. PRODUCER, USI of scuthem California W0040306 (Ed. 1-67) P. 10e10 51