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C-3994(A) - PSA for On-Call Underground Utility Repair Services
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 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. 2 and according to the Request to Extend On -Call Professional Services Agreement dated July 15, 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. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: nette b. Beamp, Assistant City A torney ATTEST: /AT_&!r.11 GI so Mayor CONTRACTOR: VALVERDE CONSTRUCTION, INC. (Corporate Officer) Title: President Print Name: Edward Valverde By: (Financia10 ff ce 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. LABOR RATES 711/09 - 6130/10 rn X i W Rates Good Through June 30 2010 711,192009 RIUs 15% Markup EMPEE EMPER GEN'L WKRS HLTH REG Orr DIT Rate BASE VAC PAY TAXES I LIAR CMP. INS. AND OTHER TOTAL COST 'COST COST Code PAY PAY RATE 13.86% INS 7.61% PENSIOIN WEL. FRINGE FRINGE RATE RATE' 'RATE CARP CARPENTER 37.35 3.30 40.651 5.63 3.52 3.09 2.91 3.95 0.76 23.16 50.51 79.19 97.86 CMFR Cement Masons A. Rojas) 30.00 5.78 35.78 4.96 3.52 2.72 4.95 5.92 1,89 29.74 59.74 74.74: 89.74 CMF Cement Masons 29.50 5.78 35.28 4.89 3.52 2.68 1.95 5.92 1.89 29.63 59.13 .. 73.88. 88.63 LCF2 Laborer Foreman C2 (Tapia) 28.72 3.60 32.32 4.48 3.52 2.46 5.75 4.76 0.98 25.557 54.27 68.63 82.99 LF1A Laborer FOREMAN 1A(ORTIZ,CARREON 34.48 3.60 38.08 5.27 152 2.90 5.75 4.76 0.98 26.78 6126. "78.60. 95.74 LGF1 Laborer FOREMAN 1 (MONTANO) 27.29 3.60 30.89 428 3.52 2.35 5,761 4.76 0.98 25.24:. 52.53 66.17 79.82 LGF3 FOREMAN 3 J.R. MUNOZ 36.73 3.60 40.33 5.59 3.52 3.07 5.75 4.76 0.98 2726. . 63.991 82.$6 100.72 LGi GEN. LABORER GROUP 1 26.33 3.60 29.93 4.15 3.62 228 5.761 4.76 0.98 25.03 51.36 64.53 .. 77.69 LG4 PIPELAYER GROUP 4 28.98 3.60 32.58 4.51 3.52 2.48 5.751 4.76 0.98 25.60. 54.58 83.56 LG5 PIPELAYER GROUP 5 29.33 3.60 32.93 4.56 3.52 2.51 5.75 4.76 0.98 25.68 .69.07 69.67 84.34 010C GROUP 10C Mike Valverde 38.88 2.82 41.70 5.78 3.52 3.17 5.65 820 0.89 29.93 .55.01 68.81 8825 107.69 OG8 GROUP8 39.72 2,82 42.54 5.89 3.52 3.24 <5.55 8.20 0.89 30.11 69.83 .. 89.69 109.55 009 GROUP 9 7(Je Lewis ) 41.36 2.82 44.18 6.12 3.52 3.36 5.55 8.20 0.89 30.46 71.82 .. 92.50 . 113.18 SDFM GEN. FORE. San Dle o - R.Ro bal) 30.84 3.75 34.59 4.79 3.52 2.63 3.85 4.26 0.96 23.76 54.60 70:02.. 85.44 TFC FOREMAN a e Shirle 3 .40 2.60 3. 0 4.57 3.52 2.61 5.00 1 .52 1.56 30.28 80.8 .75.88 99.08 TF1 FOREMAN (B.DOSEK) 28.40 2.60 31.OD 429 3.52 2.36 5.00 10.52 1.56 29.85. 5825. 72.451 86.65 TTDS 1rea mstor TRUCK DRIVER SPECIAL 28.94 2.60 31.541 4,371 3.521 2.40 5.00 10.52 1.561 29.97 58.91 :_ 73.381 TTD Teamster TRUCK DRIVER 26.94 2.60 29-541. 4.09 3.52 225 5.00 10.52 1.56 29.54 58:48 69.95 83.42 rn X i W Rates Good Through June 30 2010 711,192009 RIUs 15% Markup VALVERDE CONSTRUCTION INC. Equipment Rates Jury 1, 2009 to June 30, 2010 UNIT# EQUIPMENT DESCRIPTION Rate 01-A -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 9.36 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 H 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 54.95 PER HOUR BH0022 CAT BACKHOE 446B 64.961 PER HOUR BH0023 CAT BACKHOE 4468 64.961 PER HOUR BH0024 CAT BACKHOE 4466 64.981 PER HOUR BH0025 CAT BACKHOE 420D 47.11 1 PER HOUR BH0026 CASE 5905 BACKHOE 51.921 PER HOUR CP COMPREB R CP0001 Com AirQ175COMPRESSOR 19.37 PER HOUR CP0002 Com Air Q175 COMPRESSOR 19.37 PER HOUR CP0003 Com Air Q175 COMPRESSOR 1937 . PER HOUR CPOOD4 Com Air Q175 COMPRESSOR 19.37 PER HOUR CP0005 Com Air Q175 COMPRESSOR 19.37 PER HOUR CP0008 Com Air Q175 COMPRESSOR 19.37 PER HOUR CPOD07 Com Air 0175 COMPRESSOR 19.37 PER HOUR CP00D8 Com Air Q175 COMPRESSOR 19.37 PER HOUR CP0009 CompAir 0175 COMPRESSOR 19.37 PER HOUR GPO010 Com Air Q175 COMPRESSOR 19.37 PER HOUR FL FORKLIFTS FL0004 CAT DP40K -D 55.81 PER HOUR LQ )LOADERS LDOOD6 JOHN DEERE 544H LOADER 64.77 PER HOUR 1-00008 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 1 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 PU0002 GRIFFIN 6" TRASH PUMP 29.69 PER HOUR PU0003 PT3A 3" 21.94 PER HOUR PU0004 MULTIQUIP QP -40TH 4' 25.44 PER HOUR PU0005 GRIFFIN 8" DIESEL PUMP 29.69 PER HOUR PU0006 HYPRO 3W' 52100 -R TEST PUMP 16.41 PER HOUR PO0007 HYPRO 3/4" 5210C -R TEST PUMP 16.41 PER HOUR RO ROLLERS/COMPACTION WHEELS RO0001 CATERPILLAR CB224C ROLLER 33.59 PER HOUR RO0002 CATERPILLAR 214C ROLLER 29.44 PER HOUR RO06D3 11 R SD4DFD COMPACTION ROLLER 5529 PER HOUR TK TRUCKS TK1773 1993 Ford F -250 21.41 PER HOUR TK3079 2003 Chevy 52500 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 Re .Cab 24.43 PER HOUR TK3537 200D Chevy 2500 PU 24.43 PER HOUR TK6098 1999 Chew C2500 24.43 PER HOUR Plus 15% mark up VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2009 to June 90, 2010 UNIT# EQUIPMENT DESCRIPTION Rate 01-Apr-09 AS ARROWBO RD TK6081 1997 Chevy C2500 24.43 PER HOUR TK0726 2008 Ford F -250 Reg. Cab 24.43 PER HOUR TK6727 2008 Ford F -250 Reg. Cab 24.43 PER HOUR TK7057 1997 Ford F-450 26.44 PER HOUR TK7379 2003 Ford F-350 + welder + oompressor 36.04 PERHOUR TK8353 2000 Chevy 3500 26.44 PER HOUR TKi822 2004 Ford F- 450 + welder +compressor 40.671 PER HOUR TK3513 2008 Ford F- 450 + welder +oom ressor 40.671 PER HOUR TK3514 2008 Ford F- 450 + welder +oom ressor 40.671 PER HOUR TK3515 2008 Ford F-450 + welder + compressor 40.671 PER HOUR TK3516 2008 Ford F450 + welder +compressor 40.671 PER HOUR TK4101 1997 Ford Super Duty Truck 29.95 PER HOUR TK6007 2004 Ford F450 + welder +compressor 40.67 PER HOUR TK9099 2004 Ford F450 +welder +compressor 40.67 PER HOUR TK4559 1 2003 Ford F-550 + welder + compressor 43.02 PER HOUR TK0014 89' FORD 5.6 YARD DUMP TRUCK 50.46 PER HOUR TK0015 97' FORD LT951310 WHL DUMP TRUCK 64.77 PER HOUR TK0222 91 PETERBUILT 37910 WHL DUMP TRUCK 64.77 PER HOUR TK5561 87' GMC C7 5-6 YARD DUMP TRUCK 50.46 PER HOUR TK40 TRAILER 2 AXLE - 8 TIRE 16.24 PER HOUR TK40LP TRAILER 2 AXLE - 8 TIRE 16.24 PER HOUR VP VIBRATOR PLATES VPOOO1 86' WACKER 8.75 PER HOUR VP0002 86' WACKER 8.75 PER HOUR VP0003 WACKER 8.75 PER HOUR VPO064 MULTI QUIP 8.75 PER HOUR VPO005 WACKER DIESEL 8.75 PER HOUR wr WATERTRUCKS WTO002 92' FORD 1800 GALLON WATER TRUCK 46.90 PER HOUR WT0003 92' FORD F700 1800 GALLON WATER TRUCI 46.90 PER HOUR Ma MISCELLANEOUS MS0002 INDEPENDENT WET BORE 2927 25.00 PER HOUR MS0003 I/R WET BORE 44SL 25.00 PER HOUR MS0004 3 " -12" HOT TAP MACHINE 26.25 PER HOUR MS0005 ASPHALT ZIPPER 87.17 PER HOUR MSOD08 DYNAMATION GAS DETECTOR 929A 18.75 PER HOUR MS0013 LEE BOY TACK SPRAYER 19.69 PER HOUR MS0014 MECO 35HP CONCRETE SAW 1710 PER H UR MS0018 AP 25 VENTILATION BLOWER 9.26 PER HOUR MSOD19 AP 12 VENTILATION BLOWER 7.86 PER HOUR MS2495 LEE BOY L150 TACK SPRAYER 39.38 PER HOUR MS0150 ARROW HAMMER HJ125OR 7.03 PER HOUR MS0900 RIVET BUSTER 6.00 PER HOUR MS0901 CONES /DELINEATORS 0.35 PER DAY/EA MS0902 POWDER PUFF 60 Ibs 4.75 PER HOUR MS0903 SIGNS 4.00 PER DAY MSO904 90# JACKHAMMER 4.75 PER HOUR MS0905 600 JACKHAMMER 4.751 PER HOUR MS0906 CLAY SPADE 6.56 PER HOUR MS0907 HIGH LEVEL FLAG TREE 6.00 PER DAY M80908 3" & 4" TRASH PUMP 21.94 PER HOUR M80909 SAW-TRUCK & SAW 15000 GVW, 35HP 29.95 PER HOUR MS0910 GANG TRUCK (15,060 GVW) 29.95 PER HOUR MS0911 GENERATOR (6.5 KW ) 11.81 PER HOUR MSO912 BLOWER WHOSE 6.63 PER HOUR MS0914 2" TRASH PUMP (1260 GPH ) 5.09 PER HOUR MS0915 2" SUBMERSIBLE PUMP 1260 GPH 5.09 PER HOUR M80916 SO' AIR HOSE 1.001 PER HOUR MS0917 CUTOFF SAW 3.21 PER HOUR MS0918 50' FIRE HOSE 2 1/2" 0.95 PER HOUR MS0919 CONFINED SPACE PACKAGE 4.20 PER HOUR MS0920 CHIPPING GUN 251bs 5.25 PER HOUR MS0921 ROTOR HAMMER 6.50 PER HOUR MS0922 GENERATOR 45 KW KVA 16.08 PER HOUR MS0923 BARRICADE W /FLASHER LITE 0.44 PER DAY/EA MS0924 18" & 24" MOUNTED COMPACTOR WHEEL 1.95 PER HOUR Plus 15% mark up VALVERDE CONSTRUCTION, INC. General Engineering Cononc n Lbe 3 t o. 278488 10918 SHOEMfAKER AVEE SANTA FE SPRINGS, CA 90670 (562) 906 -1826 • FAX (562) 906 -1918 July 15, 20D9 City of Newport Beach Utilities Department Attn: Cindy Asher 300 Newport Blvd. Newport Beach, CA 92658-8915 EXHIBIT 1311 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 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(aDnewportbeachca.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 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 Cindy Asher Administrative -Manager Submitted by: e g Muv 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 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: nette D. Bea amp, Assistant City Attorney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: 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 DOTY BROSE Construction Company SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1. 2009 BACK HOES ID # Hourly 44.00 SHEEPS FOOT - Tow Behind (Vibrating) Rate AUGER #1189 $ 20.00 Accessory - COMPACTION WHEEL EXECAVATOR #1161 $ 40.00 Accessary - COMPACT WHEEL FICASEJD #1179 S 20.00 Accessory - HYDRAULIC BREAKER I CASE & JO 91183 $ 50.00 Accessory - VIBRATORY PLATE #1535 $ 40.00 CC -135A ROCK WHEEL #1313 $ 75.00 CASE 580 /JD 310 _ $ 39.88 CASE 590 #3647 $ 41.88 CAT 300 -TRACK MOUNTED #4055 $ 111.25 CAT 345 - TRACK MOUNTED #4072 $ 141.25 CAT 416 #4147 $ 37.88 JD 710 #3308 $ 45.68 COMPACTION EQUIPMENT ARROW (HYDRO HAMMER) /STOMPER 1D # $ 44.00 SHEEPS FOOT - Tow Behind (Vibrating) #1169 $ 16.00 WACKER TAMPER #1860 $ 23.00 COMPRESSORS WM0 LB. BREAKER SLAY SPADE & TAMPER $ COMPRESSOR 125 -185 CFM FLASHING ARROWBOARD - (4 HR. MIN.) $ 21.00 COMPRESSOR -AIR, PORTABLE (PER DAY RATE) #1808 $ 104.00 CRANES GRINDER I COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ BOOM TRUCK - 8 TON #3647 $ 33.75 BOOM TRUCK - 10 - 11 TON ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 413.75 BOOM TRUCK - 14 TON ROLLER TRAILER $ 52.75 BOOM TRUCK 23 .25 TON #3308 $ 57.75 CRANE - RT 115-18 TON (or equivalent) TRENCHER TRAILER $ 59.75 DOZERS I SIDEBOOMS UTILITY TRAILER #6452 $ DOZER JD 450 #5078 $ 43.13 SIDEBOOM CAT DE ASPHALT PAVER - LEE BOY 1000D $ 57.13 SIDEBOOM CAT D-7 45063 $ 68.13 SIDEBOOM CAT 561 #5045 S 63.13 SIDEBOOMCAT572 #5067 #3450 78.13 SIDEBOOM JO 450 5 Yard (Flat bed or Bobtal) Dump 123 Ton Utility Truck ,$ $ 4113 FORKLIFTS BACK HOE MOVER TRUCK $ FORKLIFT - HYSTER 20,000 LB - #1203 $ 34.88 FORKLIFT -LION 6,000 LB #1204 $ 22.68 LOADERS EQUIPMENT TRAILER -20,000 LB $ MINI SKID STEER -DITCH WITCH #1275 $ 26.88 LOADER - BOBCAT W/ BUCKET #11848 $ 26.88 LOADER - BOBCAT W/ SWEEPER #1184S S 36.88 LOADER - BOBCAT W/ GRINDER #1184G $ 56.88 RUBBER TIRE LOADER - 544 JD #5086 $ 45.75 RUBBER TIRE LOADER - 930 CAT #5069 $ 47.75 RUBBER TIRE LOADER - 950 CAT #5087 $ 58.75 RUBBER TIRE LOADER - 950EIF CAT #5099 $ 69.75 RUBBER TIRE LOADER - 966 CAT #5070 $ 64.75 SKIPLOADER - CASE 580 / MF 40E I F 445 TEST PUMP TRUCK $ 31.88 EXH 18IT"N' ROAD EQUIPMENT 1D # H- Rate CABLE DOLLY- ONE REEL(Tralior Mounted) $ 12.0 CABLE DOLLY- THREE REEL(Tralor Mounted) $ 25.0 FLASHING ARROWBOARD - (4 HR. MIN.) $ 17.0 GRADER -CAT 140 #R7791 $ 81.7 GRINDER I COLD PLANER (BITELLI) - (4 HR. MIN.) #1187 $ 228.0 ROLLER - (RIDE ON) $ 29.0 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ 23.0 ROLLER TRAILER S 12.0 TILT TRAILER #6366 $ 120 TRENCHER TRAILER #6481 $ 12.0 UTILITY TRAILER #6452 $ 120 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 LUKE TRUCK #3450 $ 16.2 5 Yard (Flat bed or Bobtal) Dump 123 Ton Utility Truck $ 22.7 BACK HOE MOVER TRUCK $ 19.7 CEMENT TRUCK wl muter and compressor #3338 S 53.7 DUMPTRUCK 10WHEELER $ 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 vft MIXER / DUMP #3392 $ 531 LOWBED TRAILER w/ Vector & move permit fees #3455 S 44.7 LOWSIDE END DUMP TRAILER W/ TRACTOR #3418 $ 41.7 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED S 152 PICK -UP- RENTAL NUMBER R77DO $ 15.2 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 17.2 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 152, TEST PUMP TRUCK 93401 S 78.7: TEST TRAILER (Hyprostetic) (M549 & 6674) $ 32.0 UTILITY VEHICLE (NON -HWY) $ 222 WATER TRUCK - (1,500 -2,000 GALS.) $ 33.7: WATER TRUCK - (3,500 GALS.) #3464 $ 38.7: WINCH TRUCK #3395 -$ 28.71 MISCELLANEOUS SOARING MACHINE HYDRAULIC #1521 $ 25.01 BORE MACHINE TRAILER #6447 - $ 10.0 TAP MACHINE (Water Ones &'to 12") (Per Inch / per day) -#628 $ 30.0 TAP MACHINE (Water lines up to 7) (Per inch I Per day) #820 $ 20.01 WELDERS 200 AMF -TRUCK MOUNTED $ 29.2! 200 AMF, SKID MOUNTED or TRAILER $ 16.21 WELDER - RIG RENTAL NUMBER 87704 $ 29.2: FABRICATION SHOP & EQUIPMENT #101 $ 90.01 P. I d2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lie. 273024 DOTY BROSM Construction Company COST PLUS RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2009 TO JUNE 30, 2010 `PAY 97RAMf flc MligiF anv QMAMJ,Mr AVFR MIMIC CRAFTSMANMJ.ASS CODE ' 77ME TIME 77ME CRAFTSMANICLASS CODE TIME 17ME TIME CARPENTERS OPERATING ENGINEERS General Foreman CGF 86.62 122.98 159.13 General Foreman, Appdv. A OGF 95.11 131.58 168.04 Operating Foreman COF 84.11 118.90 153.69 Foreman, Appdx A OFM 91.78 12657 161.37 Foreman CFM 81.82 115.47 149.12 Group 1, Appdx A -OAer OG1 83.62 114.34 145.05 Journeyman CJM 76.82 107.97 139.12 Groat 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 86.44 121.57 154.69 Apprentice - 811h Period (90%) CAS 70.59 98.82 126.66 Group 10, Appdx A - Mechanic OGA 88.64 121.87 155.09 Group 8, Appdx B - Crone c 25 Tons 088 86.92 122.29 155.66 MILLWRIGHTS Group 9, App& B - Crane > 25 Tons 069 89.21 122.72 156.23 General Foreman- CMG 87.66 124.23 160.80 Apprentice, Grp B, Appdx A- Step 6(90%) OA6 81.82 111.63 141 A4 Foreman CMF 82.65 116.72 150.79 Journeyman CMJ 77.65 109.22 140.78 U.A. PIPEFTTTERSAVELDERS Apprentice - 8th Period (95 %) CM8 68.18 95.01 121.54 INDUSTRIAL General Foreman IGF 97.71 133.28 168.65 CEMENT MASONS Foreman IFM 91.69 124.41 157.14 Foreman MFM 78.46 105.56 132.67 Jwmeyman- WelderfF"dter UM 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 WO 73.87 90.68 123A9 Apprentice - 6th 6 Mm (So %) MAS 68.53 90.67 112.82 SHORTLINE (LOCAL 280) Foreman SFM 95.42 132.57 186.91 LABORERS Journeyman (WelderfFdferl, SJM 90.31 125.40 157.75 Operator General Foreman LOG 92.55 129.01 165.47 Welder Helpey SWH 5241 71.17 88.88 Operator Foromml 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 LGt 63.54 85.50 107.46 Operator Foreman UOF 67.94 122.74 157.53 Group 2 - Wrapper To 6" LG2 64.46 86.88 109.30 Foreman UFM 66.04 69.89 113.73 Croup 3- PTOIWrapper >6" LG3 65.38 88.25 111.13 Welder UWO 64.52 67.61 110.69 Group 4 - Pipe layer, C&S LG4 67.96 92.13 116.30 JoumeymantFuser 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 7296 93.76 ELECTRICIANS /INSIDE VAREMEN (Rates subject to projed 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 Journeymen EJM 88.40 121.82 155.24 General Foreman TGF - 73.77 98.32 122.88 Apprentice -10th Perlod (65 %) EAO- 76.64 105.04 133.45 Foreman TFM 72.10 95.82 119.54 Group 2 -2 Aide TG2 69.02 91.19 113.37 PROJECT MANAGEMENT Group 3 - 3 Aide TG3 69.23 91.52 113.80 Project Manager. MPM 111.65 152.73 197.24 Group 5 - Waking Truck Driver TG5 69.60 92.07 114.54 Superintendent MSP 100.17 136.52 176.33 Group 6 - 4 or More Aide TG6 69.65 92.14 114.64 Project Engineer MPE 77.75 113.79 149.83 Groat 9 - Lo-Sed TG9 70.82 93.90 116.97 Safety Director SAD 109.73 149.23 193.88 Group 12 - WTD BocmTrk Cert TBT 72.67 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 journeymen full scale rates. Billing rate for Apprentice Will be based on actual classification. Subsistence: $95.001day Travel Time: Customer x111 be advised it Uwel tme is applicable . Overtime Ratas: AN hours outside regularty consWed shin shall be fime and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular slid; and fast twelve (12) hours on Saturday is time and one halt all additional hours at double time except holidays which are at triple time. Emergency -call out worth' - Four (4) hone minimum for labor and equipment Markup: Material, subcontractors, subsistence, and outside rentals (mduding fuel costs), will be billed cost plus sales tax where applicable, plus mark -up of 15% Boundaries of Southern Caltfomra Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Morro, Orange, Riverside, San Bernardino, Imperial, Venture, Santa Barbara, San We Obispo, Kem and in addition: Richardson Rock, Santa Cna: Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island. San Miguel Island, Santa Barbara Island; Santa Rosa Island, Anaeapa Island, including the Channel Islands Monument Rate Scale does not include San Diego County NOTFE Wage so a rate- 11232 E. Firestone Blvd, Nolwak CA 40650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 UOTY BROSM Construction Company SOUTHERN CALIFORNIA MISCELLANEOUS ID # DAILY MISCELLANEOUS 1139 Rate ADDITIONAL (1) TORQUE KEAD FOR HYDRAULIC TORQUE WRENCH 93091 $ 50.00 PIPE LOCATOR #643 AIR HOSE 3/4" X 50' #870 $ 8.00 PIPE LOCATOR - METROTECH #1935 AIR SAW #857 $ %00 PIPE PUSHER /GRUNDORAM- HERCULE #1939 AIR TAMPER #859 $ 35.00 PIPE TONGS (4-,6-, 8 ",10 ", 17, 16", 18 ", 20") #1936 ASPHALT SPREADER BAR #1193 $ 125.00 PLYWOOD 1/3 REPLACEMENT COST - #897 BARRICADES #880 $ 2.50 PNEUMATICIHYDRAU TORQUE WRENCH 93090 BEVELING BAND 14" -20" #833 $ 75.00 PORTABLE BAND SAW #660 BEVELING BAND 24 "d2" #834 $ 100.00 POWER THREADER 0853 BEVELING BAND 4 " -17 #832 $ 50.00 PRESSURE WASHER TRAILER MOUNT. #6941 BEVELING MACHINE 14"-20" #830 $ 75.00 PUMP - SKID MOUNT BENTONITE #1166 BEVELING MACHINE 24 "-47 #831 $ 100.00 PUMP - SUBMERSIBLE #881 BEVELING MACHINE V' -17' - #829 $ 42.50 RIGID ROLL GROOVER 0873 & 98661 BORING MACHINE - CASE HYDRA - #1092 $ 160.00 RIVET BUSTER f RIPPING GUN #869 BORE MOTOR #854 $ 16.00 ROCK DRILL (Phu SteeO #865 BORING MACHINE 1 -12" &13/4" V=1 Pwch) #1178 $ 15.00 ROCK SEPARATOR- GRIZZLY #1811 BORING MACHINE 4 " -e" (A=uPvnch) #1520 $ 25.00 ROTARY HAMMER (Plus Steel) 0852 BORING MACHINE 3 -112" (A-U -Pesch) #1177 $ 20.00 SANDBLASTER - UNIT (with accessories) #1175 BUFFER &GRINDER #836 $ 25.00 SAWZALL #874 BUILDER LEVEL - AC-2X NIKON #845 $ 25.00 SHORING LUMBER 3" X 17 X 14' (113 REPIACEMEwcosp #895 CEMENT MIXER $ 43.00 SHORING LUMBER 6"X S 'X8' on RmAcEDEHr cost) #896 CHAIN LINK FENCE PANELS #846 $ 3.00 SKILL SAW (INCLUDES BLADES) #835 CHAIN SAW 16" (INCLUDES BLADES) #850 $ 50.00 TAP MACHINE -T.D. WILLIAMSON (UP TO 3 ") #827 CHIPPING GUN (PWs Steel) #868 $ 35.00 TAR POT #862 CLAY SPADE (Plus Steel) 4866 $ 35.00 TEST PLUG #892 CLEANING BALL #890 $ 10.00 TEST PUMP 200 LB. 400 LB. SPRAGUE 41815 COM-A -LONG I CHAIN #886 $ 15.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #8818 CONCRETE FINISHER #1823 $ 125.00 TEST PUMP High Pressure #1940 . CONCRETE VIBRATOR #891 $ 40.00 TEST PUMP Portable 2001b (#818& #817) CONSTRUCTION SIGNS #882 $ 4.00 TESTING TABLE #1834 CROSSING PLATES #878 $ 6.25 TRAFFIC CONES #861 CUT OFF I CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRANSIT - THEOLITE 9845C DEAD WEIGHT TESTER $ 60.00 TRENCH BOX -6' X 10' #1910 DELINEATORS #879 $ 2.50 TRENCH BOX - V X 10' #1909 DRILL MOTOR 1/2" #611 $ 20.00 TRENCH JACK (SCREW) 4877 DRILL MOTOR 314" #812 $ 25.00 TRENCH JACK (HYDRAULIC) #876 DRY ROD OVEN - PORTABLE #813 $ 25.00 TRENCHER #1160 DUCT ROD #855 $ 30.00 TRI -VISE #884 EMULSION POT SPRAYER $ 60.00 VIBRATOR PLATE FLOODLIGHT TRIALER (MERCURY VAPOR LIGHTS) $ 125.00 WALKIE TALKIES (SET OF 2) #893 FLOW LINER #841 $ 25.00 WATER HOSE 1 12" X 50' 9871 FUSION MACHINE 4 -17 Macelroy #3095 $200.00 WATER HOSE 2 1/2" X 50' #872 GENERATOR (3.5 -5KW). #1007 $ 53.00 WATER PUMP 2" Portable #1831 GENERATOR (75 KW) 96280 $ 75.00 WATER PUMP 3" Portable #1832 HEAT TRACER #814 $ - 25.00 WEEDFATER #116 HEATER #815 $ 25.00 WHALERS HYDRAULIC - 41894 HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) #6042 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 IMPACT GUN 12" #821 $ 15.00 SAFETY AND HAZMAT EQUIPMENT IMPACT GUN 374" - #B22 $ 20.00 EXPLOSIMETER #844 IMPACT WRENCH 1" #864 $ 35.00 4 WAY GAS MONITOR 4921 LADDER #875 $ 10.00 MULTI -GAS DETECTOR / PID #914 LASER LEVEL 48458 $ 75.00 AIR SUPPLY UNIT 1922 LEAF BLOWER #824 $ 25,00 ESCAPE AIR PACK #918 LIGHT STAND #849 $ 15.00 H2S MONITOR #920 MANHOLE BLOWER #640 , $ 43.00 HAZMAT SUIT -TYVEK 0912 PAVEMENT BREAKER /JACKHAMMER #867 $ 35,00 HAZMAT TRAILER #6648 PIPE BENDER 5' GREENLEE #1885 $ 100.00 RESPERATOR - HALF/FULL MASK #911 PIPE BENDER MACHINE 6 -20" (Pdu shaes#reight per day) #1062. S 400.00 SCBA - self contained 9916 PIPE BENDER SHOES 1 1082 BENDER #1190 $1165.00 WEEKLY SCBA cylinder - extra #917 PIPE CUTTER - RIDGID SOIL #885 $ 15.00 TRIPOD WITH WINCH 9913 PIPE CUTTER LINEUP CLAMP 16" -36" #839 $ 50.00 PIPE CUTTER LINEUP CLAMP.B" -14" #651 $ 25.00 Pays 2c(2 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 wwtv.dotybros.com CA Lie. 273024 DAILY Rate $ 50.0( $ 100.0( $ 100.01 $ 50.0( $ 25.01 $ 15.0( $ am $ 20.00 $ 5.0G $ 40.00 $ 25.0E $ 100.0( DOTY BROSs 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 Term: 09/01/08-06/30/09 Subject: Labor Rates and Equipment Rates Ms. Asher: r 17,2: .: ,CN.. T4 C) gr vie to ✓P <) / 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. y Z , Monache J Titchenell Assistant Contracts Administrator cc: Phil Dennis Mike Collins Contract file enclosures 11212 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON-CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 8th day of September, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and GCI CONSTRUCTION, INC. a California Corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, California, 92626 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated July 8, 2008. C. CITY desires to enter into this AMENDMENT NO. 3 to extend the term of the AGREEMENT to June 30, 2010. D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. COMPENSATION City shall pay Contractor for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and shall be based on the attached Schedule of Billing Rates (Exhibit A). Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime work for each craft or type of workman needed to execute the work contemplated under the Agreement shall be paid to all workmen employed on the work to be done according to the Agreement by the Contractor and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 - 4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him/her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 3. SERVICES TO BE PERFORMED Contractor shall perform various underground utility repair services pursuant to this Amendment No. 3 and according to the Request to Extend On -Call Professional Services Agreement dated July 20, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: ynett . Bp q Hamp, Assistant City Atta'rney ATTEST: Mn Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation 0 Edward Selich, Mayor CONTRACTOR: GCI CONSTRUCTION, INC. M (Corporate Officer) Title: President Print Name: Terry D. Gillespie 0 (Financial Officer) Title: Secretary Treasurer Print Name: Floyd Bennett Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement GCI CONSTRUCTION . Effective 7rtraog to wino EQUIPMENT OPERATED RATE SCHEDULE DESCWPTION FOREMAN PICK UP TRUCK 19.00 HOUR CREWTRUCK 34.00 HOUR 10 WHEELER DUMP TRUCK 8a.00 HOUR SUPER 10 80.00 HOUR BOTTONYSEMI END DUMP 91.00 HOUR LOW BED RATE 110A0 HOUR SIOPLOADER 125.00 HOUR. BOBCAT 30.75 HOUR 446D BACKHOEILOADER _ 150.00 HOUR 555E BACKHOFiLOADER 135.00 HOUR NEW HOLLAND BACKHOEa.OADER 135.00 HOUR 936 WHEEL LOADER 145.00 HOUR I . CAT 950 LOADER 145.00 HOUR CAT ME LOADER 1SOM HOUR JD 450 WITH BOARD SsaAe HOUR CAT 307 EXCAVATOR 1 HOUR CAT 313 EXCAVATOR ITMOO HOUR. CAT 325 EXCAVATOR 19LOO HOUR CAT 321CLCR EXCAVATOR 185.00 HOUR CAT Z= EXCAVATOR 22G.Ga HOUR KDBELCO SKWC LC1V EXCAVATOR .50 HOUR RING O MATIC POT HOLING MArME 400.06 DAY SOAOHR ASHPIMT ZIPPER - - 250= HOUR Pcn Toga . . ARROWBOARD 98.110 DAY WATER TRUCK 160.00 DAY Bare . COMPACTION WHEEL 2540 HOUR COMPRESSOR 152.00 DAY COMPRESSOR WIJACKHA6IMER. taw MULTIQUIP TOWABLE GEN 228.00 DAY 205.00.DAY HYDRAULIC BREAKER .48.00 HOUR 2000 LBS LIGHTTOWER 9200DAY WACKER 9200 DAY Zkm aTrailer 18 M HOUR' C trash m &hoses 02A0 day . 8x48 Traaoh B" _ 82.50 day 247.. va jeamo 4z 16 Tmrmh Box 55.00 day 1$&f)CVft 4sWVA 8 x 24 Tnmch Box 180.0 DAY S40AG W& t - Ma U-aOR RATES:. REGULAR OVERTIME DBLTUM - LABORER GRAVING 49.81 6SAt 83.80 LABORER SEWER 50.16 S7 84.44 LABORER WATER - 49.04 86 02.11 PIPELAYER GR/UNNG. -5&24 - 71... G&e4 'PiPELAYERSEWER 53.61 72A0 9t34 PtPHLAVERWATER 52.83 7136 69- OPERASORGRAOING 07.92 92.84 117.77 OPERATOR SEWER 68.43 SEGO 118:76. OPERATOR WATER G&GO 93.011 119:76. . FOREMAN GRADING 70.4 61 1 - TO FOREMAN SEWER 7017 MID 123.03 FOREMAN WATER 71.15 97,47 t24.10 EXHIBITW �. . r July 20, 2009 CITY OF NEWPORT BEACH UTILITIES pEPARTMENt Attn: Cindy Asher 3300 Newport Boulevard Newport Beach, CA 92658,5915 (949)r>44-3010 Fax(M)646-5204 EXHIBIT °B� General Engineering Contractor Lic. No: 755356 Re: Amendment to Professional Services Agreement Clear Ms: Asher: .. . GC Constriction, Inc. is requesting to extend the ProfessionalServl�Agree rent for another year commencing on July 1, 2009 through June 30, 2010. New sheets) are attached. Encl. Rate Shee$; 7'11[09 245 FISCIER AGUE, STM B-3, COSTA MSA, CALIFORNIA 996 (714) 957-0233 FAX(714)540-1.148 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 8t" 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 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. 2 and according to the Request to Extend On -Call Professional Services Agreement dated July 15, 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. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: Kjn6tte6.,Be amp, Assistant City A orney ATTEST: 0 Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation. Edward Selich, Mayor CONTRACTOR: VALVERDE CONSTRUCTION, INC. M (Corporate Officer) Title: President Print Name: Edward Valverde (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. LABOR RATES 7/1/69 - 6130/10 Rate. Code BASE PAY VAC PAY EMPEE PAY RATE EMPER TAXES 13.65% GEN'L LIAR INS WKRS CMP: INS. 7.61%/u ENSIO HLTH AND WEL. OTHER FRINGE TOTAL FRINGE REG COST RATE O/T COST RATE' WT COST "RATE CARP ICARPENTER 37.35 3.30 40.65 5.63 3.52 3.09 2.91 3.95 0.76 23.16 50.51 79.19 97.86. CMFR I Cement Masons A. Rojas) 30.00 5178 35.78 4.96 3.52 2.72 4.95 5.92 1.89 29.74 59.74 .. 74.74: 89.74 CMF Cement Masons 29.50 5.78 35.26 4.89 3.52 2.68 4.95 5.92 1.89 29.53 59.13 73.68 56.63 LCF2 Laborer Foreman C2 (Tapia) 28.72 3.60 32.32 4.48 3.52 2.46 5.75 4.76 0.98 25.55. 54.27 68.63 82.99. LF1A Laborer FOREMAN 1A ORTIZ,CARREON 34.48 3.60 38.08 5.27 3.52 2.90 5.75 4.76 0.98 26.78 61.26. `78.50.., 95.74 LGF1 Laborer FOREMAN 1 (MONTANO) 27.291 3.60 30.891 428 3.521 2.35 5.751 4.76 0.981 25.24:. 52.53 66.17 79.82 LGF3 FOREMAN 3 J.R. MUNOZ 36.731 3.60 40.33 5.59 3.52 3.07 5.75 4.76 0.98 . 63.99 82.36 100.72 LG1 GEN. LABORER GROUP 1 26.33 3.60 29.93 4.15 3.52 2.28 5.75 4.76 0.98 51.36, 64.53 . '.. 77.69 LG4 PIPELAYER GROUP 4 28.98 3.60 32.58 4.51 3.52 2.48 5.75 4.76 0,98 64.58 .69.07 83.56 LG5 PIPELAYER GROUP 5 29.33 3.60 $2.93 4.56 3.52 2.51 5.75 4.76 0.98 55.01 69.67 84.34 010C GROUP 10C (Mike Valverde 38.88 2.82 41.70 5.78 3.52 3.17 5.55 8.20 0.89 N3.28 68.81 88.25 107.69 OGS GROOP.8 39.72 2.82 42.54 5.89 3.52 3.24 •5.55 8.20 0.89 69.2;3 ... 89.69 109.55 OG9 GROUP 9 (Jerry Lewis 41.36 2.82 44.18 6.12 3.52 3.38 5.55 8.20 - 0.89 71.82 .. 92.50 , 113.18 SDFM GEN. FORE. San Die o - R.Ro baI 30.84 3.75 34.59 4.79 3.52 2.63 3.85 4.26 0.96 64.60 70:02 85.44 WC FOREM N a e SFii1 30.40 2.60 33.00 4.57 3.52 2.51 5.00 10.52 i.56 60.68 75.88 91.08 TF1 FOREMAN (B.DOSEK) 28.40 2.60 31.00 4.29 3.52 2.36 5.00 10.52 1.56 29.85. 58.25. 72.45 86.65 TTDS Teamster TRUCK DRIVER SPECIAL 28.94 2.60 31.54 1 4.371 3,521 2A01 5.001 10.52 1.55 29.97 58.91 : _ 73.38. 87.85 TTD Teamster TRUCK DRIVER 1 26.941 2.601 29.541 4.091 3,521 2251 5.001 10.52 1.55 29.54 56.48 69.95 83.42 s Rates Good Through June 30 2010 7115/2009 P,kus 15% Markup VALVERDE CONSTRUCTION INC. Equipment. Rates July 1, 2009 to June 30, 2010 UNIT# EQUIPMENT DESCRIPTION Rate 01 -Apr-09 AB ARROWBOARDS A80014 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO15 WANCO SOLAR ARROWBOARD 9.36 PER HOUR A80016 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0017 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABO018 WANCO SOLAR ARROWBOARD 9.38 PER HOUR A80019 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0020 NATIONAL SIGNAL MESSAGE BOARD 9.451 PER HOUR A80021 NATIONAL SIGNAL MESSAGE BOARD 9.451 PER HOUR A60022 NATIONAL SIGNAL MESSAGE BOARD 9 -45 PER HOUR AB0023 NATIONAL SIGNAL MESSAGE BOARD 9.45 PER HOUR SH BACKHOES BH0018 CATERPILLAR 416C BACKHOE 47.30 PER HOUR SHOO19 CASE 590L BACKHOE 51 -92 PER HOUR BH0020 CAT BACKHOE 430D 41.59 PER HOUR BH0021 - CAT BACKHOE 4468 64.96 PER HOUR SH0022 CAT BACKHOE 4468 64.96 PER HOUR SH0023 CAT BACKHOE 4468 64.% PER HOUR BH0024 CAT BACKHOE 4468 64.98 PER HOUR BH0025 CAT BACKHOE 420D 47.11 1 PER HOUR SH0026 CASE 5905 BACKHOE 51.921 PER HOUR CP COMPRESSORS GPO001 CompAir Q175 COMPRESSOR 19.371 PER HOUR CP0002 CompAir Q175 COMPRESSOR ig.371 PER HOUR CP0003 CompAir 0175 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 0175 COMPRESSOR 19.37 PER HOUR CP0010 CompAir Q175 COMPRESSOR 19.37 PER HOUR L ORKLIFTS FLO004 CAT DP40K -D 55.81 PER HOUR LD LOADERS LD0006 JOHN DEERE 544H LOADER 64.77 PER HOUR L00008 JOHN DEERE 444H LOADER 54.72 PER HOUR LD0009 CASE 570 LXT 4WD LOADER 38.37 PER HOUR LT LIGHTTOWERS LTOOOI 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 . PER HOUR PU PUMPS PO0002 GRIFFIN 6" TRASH PUMP PER HOUR PO0003 - PT3A 3" PER HOUR PO0004 MULTIQUIP QP -40TH 4' N29.69 PER HOUR PO0005 GRIFFIN 8" DIESEL PUMP PER HOUR PU0006 HYPRO 3/4" 5210C -R TEST PUMP PER HOUR PO0007 HYPRO 314" 52100 -R TEST PUMP - PER HOUR RO ROLLERSICOMPACTION WHEELS RO0001 CATERPILLAR CB224C ROLLER 33.59 PER HOUR - RO0002 CATERPILLAR 214C ROLLER 29,441 PER HOUR RO0003 II R SD40FD COMPACTION ROLLER 55.29 PER HOUR TK TRUCKS TK1773 1993 Ford F -250 21.41 PER HOUR TK3079 2003 Chevy 52500 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 TK6600 1994 Ford F -250 21,41 PER HOUR TK7171 1997 Ford F -150 21.41 PER HOUR TK2437 2008 Dodge Ram 2500 Reg.Cah 24.43 PER HOUR TK3537 2000 Chevy 2500 PU 24.43 PER HOUR K5 T096 1999 C2500 24.43 PER HOUR Plus 15% mark up VALVERDE CONSTRUCTION INC. Equipment Rates July 1, 2009 to June 30, 2010 UNIT EQUIPMENT DESCRIPTION Rate 01-Apr-09 AB ARROWBOARDS TK6081 1997 Chevy C2500 24.43 PER HOUR TK6726 2008 Ford F -250 Reg. Cab 24.43 PER HOUR TK6727 2008 Ford F -250 Reg. Cab 24.43 PER HOUR TK7057 1997 Ford F-450 26.44 PER HOUR TK7379 2003 Ford F- 350 + welder +compressor 36.04 PER HOUR TK8353 2000 Chevy 3500 26.44 PER HOUR TK1822 2004 Ford F- 450 + welder +compressor 40.67 PER HOUR TK3513 2008 Ford F-450 + welder+ compressor 40.67 PERHOUR TK3514 - 2008 Ford F-450 + welder +compressor 40.67 PER HOUR TK3515 2008 Ford F450 + welder +compressor 40.67 1 PER HOUR TK3516 2008 Ford F450 + welder +compressor 40.67 1 PER HOUR TK4101 1997 Ford Super Duty Truck 29.95 1 PER HOUR TK6007 2004 Ford F450 + welder +compressor 40.67 1 PER HOUR TK9099 2004 Ford F450 + welder + compressor 40.67 1 PER HOUR TK4559 2003 Ford F -550 + welder + compressor 43.02 1 PER HOUR TKO014 89' FORD 5-0 YARD DUMP TRUCK 50.46 PER HOUR TKOD15 97' FORD LT9513 10 WHL DUMP TRUCK 54,171 PER HOUR TK0222 91 PETERBUILT 379 10 WHL DUMP TRUCK 64.771 PER HOUR - TK5561 87' GMC C7 5 -6 YARD DUMP TRUCK 50.46 PER HOUR TK40 TRAILER 2 AXLE - 8 TIRE 16.24 PER HOUR TK40LP TRAILER 2 AXLE - 8 TIRE 16.24 PER HOUR VP VIBRATOR PLATES VPWO7 86' WACKER 8.75 PER HOUR ' VP0002 86' WACKER 8.75 PER HOUR VP0003 WACKER 8.75 PER HOUR VP0004 MULTI QUIP 8.75 PER HOUR VP0005 WACKER DIESEL 8.75 PER HOUR WT WATER TRUCKS WT0002 92' FORD 1800 GALLON WATER TRUCK 46.90 PER HOUR WT0003 92' FORD F700 1800 GALLON WATER TRUCI 46.90 PER HOUR MS MISCELLANEOUS MS0002 INDEPENDENT WET BORE 2927 25.00 PER HOUR MS0003 I/R WET BORE 44SL 25.00 PER HOUR MS0004 3 " -12" HOT TAP MACHINE 26.25 PER HOUR MS0005 ASPHALT ZIPPER 87.17 PER HOUR MS0008 DYNAMATION GAS DETECTOR 929A 18.75 PER HOUR ' MS0013 LEE BOY TACK SPRAYER 19.69 PER HOUR MSOW4 MECO 35HP CONCRETE SAW 1.7.70 PER HOUR MSOO18 AP 25 VENTILATION BLOWER 9.26 PER HOUR MS0019 AP 12 VENTILATION BLOWER 7.86 PER HOUR MS2495 LEE BOY L150 TACK SPRAYER 39.38 PER HOUR MS0150 ARROW HAMMER HJ125OR 7.03 PER HOUR MS0900 RIVET BUSTER 6.00 PER HOUR M80901 CONES/DELINEATORS 0.35 PER DAYlEA- MS0902 POWDER PUFF (60 lbs) 4.75 PER HOUR MSOS03 SIGNS 4.00 PER DAY MS0904 90# JACKHAMMER 4.75 PER HOUR MSO905 60# JACKHAMMER 4.75 PER HOUR M80906 CLAY SPADE 6.56 PER HOUR MS0907 HIGH LEVEL FLAG TREE 6.00 PER DAY MS0908 3"&4" TRASH PUMP 21.94 PER HOUR MS0909 SAWTRUCK & SAW (15000 GVW, 35HP) 29.95 PER HOUR MS0910 GANG TRUCK (15,000 GV W 29.95 PER HOUR MS0911 GENERATOR (6.5 KW) 11.81 PER HOUR MS0912 BLOWER WIHOSE 6 -63 PER HOUR MS0914 2" TRASH PUMP 1260 GPH) 5.09 PER HOUR MS0915 2" SUBMERSIBLE PUMP (1260 GPH) 5.09 PER HOUR MS0916 50' AIR HOSE 1.00 PER HOUR MS0917 CUTOFF SAW 3.21 PER HOUR MSOS18 50' FIRE HOSE 2 112" 0,95 PER HOUR MS0919 CONFINED SPACE PACKAGE 4.20 PER HOUR MS0920 CHIPPING GUN (25 Ibs ) 5.25 PER HOUR MS0921 ROTOR HAMMER 6.50 PER HOUR MS0922 GENERATOR 45 KIN KVA 16.08 PER HOUR MS0923 BARRICADE WIFLASHER LITE 0.44 PER DAYlEA MS 924 18" & 24" MOUNTED COMPACTOR WHEEL 1.95 PER HOUR Plus 15% mark up VALYTRDE CONSTRUCTION, INC. Ce"W1 rngir ine Comma= Umme No. 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 92658915 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 DOTY BROS. CONSTRUCTION COMPANY Carpenters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $85.62 $86.82 $1.20 Operating Foreman $80.32 $84.11 $3.79 Foreman $80.62 $81.82 $1.20 Journeyman $75.62 $76.82 $1.20 Shingler $75.83 $77.03 $1.20 Apprentice -8th Period (90 %) $69.39 $70.59 $1.20 Millwrights 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $86.46 $87.66 $1.20 Foreman $81.45 $82.65 $1.20 Journeyman $76.45 $77.65 $1.20 Apprentice -8th (95 %) $66.98 $68.18 $1.20 Cement Masons 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $75.86 1$73.87 $78.46 $2.60 Journeyman $72.53 $73.45 $.92 F & T Machine Operator $72.94 $72.55 $.93 Apprentice - 8th Period (90 %) $67.61 $68.53 $.92 Laborers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Operator General Foreman $88.76 $92.55 $3.79 Operator Foreman $85.43 $88.21 $2.78 General Foreman $71.35 $72.55 $1.20 Foreman $69.68 $70.88 $1.20 Group 1- General $62.34 $63.54 $1.20 Group 2 -Wrapper to 6" $63.26 $64.46 $1.20 Group 3 - PTO / Wrapper> 6" $64.18 $65.38 $1.20 Group 4 -Pipe layer, C &S $66.76 $67.96 $1.20 Group 5 - Blaster $67.35 $68.55 $1.20 Apprentice -6`h Period (85 %) $51.63 $52.17 $.54 Teamsters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Operator General Foreman $9186 $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 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(90x) $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 UTILITY 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Operator Foreman N/A $87.94 N/A Foreman $63.47 $66.04 $2.57 Welder $61.21 $64.52 $3.31 Journeyman /Fuser $52.57 $55.70 $3.13 Pipe Tradesman II $40.22 $42.29 $2.07 ELECTRICIANS / INSIDE WIREMAN 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $97.65 $103.51 $5.86 Foreman $90.42 $95.95 $5.53 Journeyman $83.18 $88.40 $5.22 Apprentice -10`h Period (85 %) $72.07 $76.64 $4.57 PROJECT MANAGEMENT 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Project Manager $106.33 $111.65 $5.32 Superintendent $95.40 $100.17 $4.77 Project Engineer $74.04 $77.75 $3.71 BACK HOES 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase AUGER $20 $20 $0 Accessory - Compaction Wheel Excavator $40 $40 $0 Accessory - Compact Wheel F /Case -1D $20 $20 $0 Accessory - Hydraulic Breaker / Case & JD $50 $50 $0 Vibratory Plate $40 $40 $0 - Tractor Mou nted $20 N/A N/A MAccessory k Wheel $75 $75 $0 D 310 $39.88 $39.88 $0 $41.88 $41.88 $0 ack Mounted $111.25 $111.25 $0 CAT 345 -Track Mounted $141.25 $141.25 $0 CAT 416 $37.88 $37.88 $0 JD 710 $45.88 $45.88 $0 COMPACTION EQUIPMENT 2008 Hourly Rates 1 2009 Hourly Rates Hourly Rate Increase Arrow (Hydro Hammer) / Stomper $44 $44 $0 Wacker Tamper $23 $23 $0 Sheeps Foot -Tow Behind (Vibrating) $16 $16 $0 COMPRESSORS w /90 LB. Breaker, Clay Spade 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Compressor 125- 185CFM $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 $3175 $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) 1 $59.75 $59.75 $0 DOZERS / SIDEBOOMS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Dozer JD 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 $6113 $0 Sideboom CAT 572 $78.13 $78.13 $0 Sideboom JD 450 1 $41.13 1 $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 - Bobcatw /Bucket $26.88 $26.88 $0 Loader - Bobcatw /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 $6935 $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 4 ROAD EQUIPMENT 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Cable Dolly - One Reel (Trailer Mounted) $12 $12 $0 Cable Dolly -Three Reel (Trailer Mounted) $25 $25 $0 Flashing Arrowboard -(4 Hr. Min) $17 $17 $0 Grader - CAT 140 $81.75 $81.75 $0 Grinder /Cold Planer(Bitelli)- (4hr.min) $228 $228 $0 Roller - (Ride On) $29 $29 $0 Roller (Walk Behind) -1 Ton Vibrator $23 $23 $0 Roller Trailer $12 $12 $0 Tilt Trailer $12 $12 $0 Trencher Trailer $12 $12 $0 Utility Trailer $12 $12 $0 Zipper Pavement Grinder (Perdayrate) $375 $375 $0 Asphalt Paver- Lee Boy 1000D $113.75 $113.75 $0 Cement Saw - Walk Behind $33 $33 $0 TRUCKS 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 2 -3 Ton Lube Truck $16.25 $16.25 $0 5 Yard (Flat bed or Bobtail) Dump / 2 -3 Utility Truck $22.75 $22.75 $0 Back Hoe Mover Truck $19.75 $19.75 $0 Cement Truck w/ mixer and compressor $53.75 $53.75 $0 Dump Truck 10 Wheeler $30.75 $30.75 $0 Equipment Trailer - 20,OOOLB $14 $14 $0 Equipment Trailer - 40,000 LB $16 $16 $0 Flat Bed with Lift $21.75 $21.75 $0 Flat Bed with Mixer/ Dump $53.75 $53.75 $0 Lowbed Trailer w /tractor& move permitfees $44.75 $44.75 $0 Lowside End Dump Trailer w/ Tractor $41.75 $41.75 $0 Pickup Trucks - Misc. Tools not Included $15.25 $15.25 $0 Pick -up- Rental Number $15.25 $15.25 $0 ServiceTruck - Misc.ToolsnotIncluded $17.25 $17.25 $0 Service Van - Misc. Tools not Included $15.25 $15.25 $0 Test Pump Truck $78.75 $78.75 $0 Test Trailer (Hyprostatic) $32 $32 $0 Utility Vehicle (Non- Hwy) $22.25 $22.25 $0 Water Truck - (1,500-2,000 Gals.) $3175 1 $33.75 $0 Water Truck- (3,500 Gals.) $38.75 $38.75 $0 Winch Truck 1 $28.75 $28.75 1 $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 30-12") (per inch/ per day) $30 $30 $0 Tap Machine (Water lines up to r(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 $29.25 $29.25 $0 Fabrication Shop & Equipment $90 $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 %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%" (Accu - punch) $15 $15 $0 Boring Machine 4 " -8" (Accu- punch) $25 $25 $0 Boring Machine 32" (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 Concrete Finisher $125 $125 $0 Concrete Vibrator $40 $40 $0 Construction Signs $4 $4 $0 Crossing Plates $6.25 $6.25 $0 Cut Off / Chop Saw (Includes Blades) $53 $53 $0 Dead Weight Tester $60 $60 $0 Delineators $2.50 $2.50 $0 Drill Motor Y2" $20 $20 $0 Drill Motor 3/4,; $25 $25 $0 Dry Rod Oven — Portable $25 $25 $0 Duct Rod $30 $30 $0 Emulsion Pot Sprayer $60 $60 $0 Floodlight Trailer (Mercury vapor Lights) $125 $125 $0 Flow Liner $25 $25 $0 Fusion Machine 4 -12" Macelroy $200 $200 $0 Generator (3.5- 5 KW) $53 $53 $0 Generator (75 KW) N/A $75 N/A Heat Tracer $25 $25 $0 Heater $25 $25 $0 Holiday Detector $25 $25 $0 Hydraulic Star Cutter $100 $100 $0 Impact Gun 1" $25 $25 $0 Impact Gun W $15 $15 $0 Impact Gun %" $20 $20 $0 Impact Wrench 1" $35 $35 $0 Ladder $10 $10 $0 Laser Level $75 $75 $0 Leaf Blower $25 $25 $0 Light Stand $15 $15 $0 Manhole Blower $43 $43 $0 Pavement Breaker/ Jackhammer $35 $35 $0 Pipe Bender 5" Greenlee $100 $100 $0 Pipe Bender Machine 6 -20" $400 $400 $0 Pipe Bender Shoes/ 1082 Bender $1,165 weekly $1,165 weekly $0 Pipe Cutter— Rigid Soil $15 $15 $0 Pipe Cutter Lineup Clamp 16' -36" $50 $50 $0 Pipe Cutter Lineup Clamp 8 " -14" $25 $25 1 $0 Pipe Locator $25 $25 $0 Pipe Locator— Metrotech $40 $40 $0 Pipe Pusher/ Grundoram- Hercule $600 $600 $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 RockSeparator— Grizzly $85 $85 $0 Rotary Hammer (Plus Steel) $50 $50 $0 Sandblaster— Unit (with accessories) $125 $125 $0 Sawzall $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 MISCELLANEOUS (cont'd) 2008 Daily Rates 200$509 Daily Rates Daily Rate Increase Weedeater $50 $50 $0 Whalers Hydraulic $300 $300 $0 Winch 10 Ton (Grundo) $300 $300 $0 SAFETY AND HAZMAT EQUIPMENT 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Explosimeter $50 $50 $0 4 Way Gas Monitor $100 $100 $0 Multi -Gas Detector/ PID $100 $100 $0 Air Supply Unit $50 $50 $0 Escape Air Pack $2S $25 $0 H2S Monitor $15 $15 $0 Hazmat Suit -Tyvek $8 $8 $0 Hazmat Trailer $20 $20 $0 Respirator - Half /Full Mask $5 $5 $0 SCBA -Self contained $40 $40 $0 SCBA Cylinder -extra $25 $25 $0 Tripod With Winch $100 $100 $0 Expended 7/2008 - 6/2009 Utilities Department Nothing expended. GO CONSTRUCTION, INC. Position 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease Laborer Grading $51.55 $49.81 -$1.74 Laborer Sewer $52.70 $50.16 -$2.54 Laborer Water $51.65 $49.44 -$2.21 Pipelayer Grading $55.09 $53.24 -$1.85 Pipelayer Sewer $56.33 $53.61 -$2.72 Pipelayer Water $55.19 $52.83 -$2.36 Operator Grading $65.32 $67.92 -$2.60 Operator Sewer $66.20 $68.43 -$2.23 Operator Water $65.92 $68.60 -$2.68 Foreman Grading $67.82 $70.43 $2.61 Foreman Sewer $68.74 $70.97 $2.23 Foreman Water $68.46 $71.15 $2.69 Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman Pick Up Truck $15 $19 $4 Crew Truck $30 $34 $4 10 Wheeler Dump Truck N/A $80 N/A Super 10 N/A $86 N/A Bottom /Semi End Dump N/A $91 N/A Low Bed Rate N/A $110 N/A Skiploader $125 $125 $0 Bobcat N/A $30.75 N/A 446D Backhoe /Loader $145 $150 $5 555E Backhoe /Loader $135 $135 $0 New Holland Backhoe /Loader $135 $135 $0 936 Wheel Loader $140 $145 $5 CAT 950 Loader $140 $145 $5 CAT 950 E Loader $145 $150 $5 JD 450 With Board N/A $150 N/A CAT 307 Excavator $140 $150 $10 CAT 313 Excavator $160 $170 $10 CAT 325 Excavator $185 $192 $7 CAT 321CLCR Excavator $175 $185 $10 CAT 235D Excavator $220 $220 $0 KobelCo SK300 LCiV Excavator N/A $200 N/A Asphalt Zipper $250 $250 $0 Compaction Wheel $25 $25 $0 Equipment (cont'd) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Hydraulic Breaker $43 $48 $5 Zieman Trailer $18 $18 $0 Equipment 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Ring O Matic Pot Holing Machine $400 $400 or $80 Hr $0 Arrowboard $98 $98 $0 Water Truck $265 $160 -$105 Compressor $152 $152 $0 Compressorw /Jackhammer $228 $228 $0 2000 Multiquip Towable Generator $205 $205 $0 Light Tower $92 $92 $0 Wacker $92 $92 $0 4" Trash Pump & Hoses $92 $92 $0 6x16 Trench Box $72 $82.50 $10.5 416 Trench Box $72 $55 -$17 8x24 Trench Box $168 $180 $12 Utilities Department Amount Expended 7/2008- 6/2009 Pirate Road Curb Replacement (extra work) Big Canyon Golf Course (emergency repair) PCH & Dover Total S 822.86 $ 7,124.38 $ 3,542.15 $ 11,489.39 VALVERDE CONSTRUCTION, INC. Position 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease Carpenter $59.49 $60.51 $1.02 Cement Masons $57.92 $59.74 $1.82 Laborer Foreman C2 (Tapia) $53.27 $54.27 $1 Laborer FOREMAN 1A (Ortiz, Carreon) $60.26 $61.26 $1 Laborer FOREMAN (Montano) $51.53 $52.53 $1 -1 FOREMAN 3 (i.R. Munoz) $62.99 $63.99 $1 Gen. Laborer Group 1 $50.36 $51.36 $1 Pipelayer Group 4 $53.58 $54.58 $1 Pipelayer Group 5 $54.01 $55.01 $1 Group 10C (Mike Valverde) $67.99 $68.81 $0.82 Group 8 $67.13 $69.83 $230 Group 9 (Jerry Lewis) $69.12 $71.82 52.70 Gen Fore. (San Diego - R. Roybal) $53.23 $54.60 $1.37 FOREMAN (Wayne Shirley) $59.71 $60.68 $0.97 FOREMAN (B. Dosek) $57.28 $58.25 $0.97 Teamster TRUCK DRIVER SPECIAL $57.94 $58.91 $0.97 Teamster TRUCK DRIVER $55.51 $56.48 $0.97 Equipment - Arrowhoards 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Wanco Solar Arrowboard $9.38 $9.38 $0 National Signal Message Board $9 $9.45 $.045 Equipment - Backhoes 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Caterpillar 416C Backhoe $41.15 $47.30 $6.15 CASE 590L Backhoe $44.91 $51.92 $7.01 CAT Backhoe 430D $35.89 $41.59 $5.70 CAT Backhoe 4468 $56.60 $64.96 $8.36 CAT Backhoe 420D $40.15 $47.11 $6.96 CASE 5905 Backhoe $44.91 $51.92 $7.01 Equipment - Compressors 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase CompAir 4175 Compressor $15.98 $19.37 1 $3.39 Equipment - Forklifts 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase CAT DP40K -D $47.80 1 $55.81 $8.01 Equipment - Loaders 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase John Deere 544H Loader $55.45 $64.77 $9.32 John Deere 444H Loader $50 $54.72 $4.72 CASE 570 LXT 4WD Loader $32.70 $38.37 $6 Equipment - Light Towers 2008 Hourly Rates 1 2009 Hourly Rates Hourly Rate Increase ALLMAND NLPKFMXZ Light Tower $11.25 $11.81 $0.56 ALLMAND NL PRO $11.25 $11.81 $0.56 Equipment - Pumps 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase GRIFFIN 6" Trash Pump $25.67 $29.69 $4.02 PT3A 3" $18.36 $21.94 $3.58 MULTIQUIP QP -40T" 4' $21.74 $25.44 $3.70 GRIFFIN 8" Diesel Pump $25.67 $29.69 $4.02 HYPRO Y." 5210C -R Test Pum0p $15.63 $16.41 $0.78 Equipment - Rollers /Compaction Wheels 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase CATERPILLAR CB224C Roller $29.63 $33.59 $3.96 CATERPILLAR 214C Roller $27.50 $29.44 $1.94 I/ R SD40FD Compaction Roller $49.63 $55.29 $5.66 Equipment - Trucks 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 1993 Ford F -250 $20.39 $21.41 $1.02 2003 Chevy 52500 PU $20.39 $21.41 $1.02 2003 Dodge 1500 $20.39 $21.41 $1.02 2007 Ford F -150 XCAB $20.39 $21.41 $1.02 1994 Ford F -250 $20.39 $21.41 $1.02 1997 Ford F -150 $20.39 $21.41 $1.02 2008 Dodge Ram 2500 Reg. Cab N/A $24.43 N/A 2008 Ford F -250 Reg. Cab N/A $24.43 N/A 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-3SO +welder+ compressor $34.32 $36.04 $1.72 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 1$8.75 $8.75 $0 Multiquip $8.75 $8.75 $0 Wacker Diesel $8.75 $25 $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 1/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 HJ1250R $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 $435 $4.75 $0 60# Jackhammer $4.75 $4.75 $0 Clay Spade $6.56 $6.56 $0 High Level Flag Tree $6 $6 $0 Equipment - Miscellaneous - (cont'd) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 3" & 4" Trash Pump $18.36 $21.94 $3.58 Sawtruck & Saw (1500 GVW, 35HP) $25.18 $29.95 $4.77 Gang Truck (15,000 GVW) $27 $29.95 $2.95 Generator 16.5 KW) $11.25 $11.81 $0.56 Blower w /Hose $6.63 $6.63 $0 2" Trash Pump (1260 GPH) $4.27 $5.09 $0.82 2" Submersible Pump (1260 GPH) $4.27 $5.09 $0.82 50' Air Hose $1 $1 $0 Cutoff Saw $3.06 $3.21 $.15 50' Fire Hose 2' /:" $.095 $.095 $0 Confined Space Package $4.20 $4.20 $0 Chipping Gun (25 Ibs) $5.25 $5.25 $0 Rotor Hammer $6.50 $6.50 $0 Generator 45 KW KVA $15.31 $16.08 1 $0.77 Barricade w /Flasher Lite $.044 Per Day /Ea $.044 Per Day /Ea $0 18" & 24" Mounted Compactor Wheel N/A $1.95 N/A Utilities Department No Expenditures - 7/2008- 6/2009 C! OP ID D DATE (MM /DD/YYYY) ACCRO7 CERTIFICATE OF LIABILITY INSURANCE VALVE -1 1 07 29 08 PF O UCf R ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Andreini & Company -South Coast ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License 0208825 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR One MacArthur Place Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. \uth Coast Metro CA 92707 one: 714-327-1400 Fax: 714-327-1499 .URED Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs CA 90670 COVERAGES INSURERS AFFORDING COVERAGE INSURER A: Travelers Property Casual INSURER B' Seabright Insurance Compa INSURER C' INSURER D: INSURER E: NAIC # 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. INtM LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE MM /DD/YY POLICY EXPIRATION DATE MM /OD/YY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE F_x1 OCCUR DTEL05192M234 08/01/08 08/01/09 PREMISES (Eaoccurence) $ 300000 MED EXP (Any one person) $ Excluded PERSONAL & ADV INJURY $ 1000000 GENERAL AGGREGATE $ 2000000 • GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OPAGG $ 2000000 POLICY j( JPRO ECT LOC A AUTOMOBILE LIABILITY ANYAUTO DT8105192M234 08/01/08 08 /01/09 COMBINED SINGLE LIMIT (Ea accident) $ 1000000 X X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS /UMBRELLA LIABILITY EACH OCCURRENCE $ 2000000 A X OCCUR FI CLAIMSMADE DTSMLUP5192M234 08/01/08 08/01/09 AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ B WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE EMPLOYERILITY BB1080213 01/01/08 01/01/09 W T ATU- TH- X TORY LIMITS ER E.L. EACH ACCIDENT _ $ 1000000 E.L. DISEASE - EA EMPLOYEE $ 1000000 OFFICER/MEMBEREXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICYLIMIT $ 1000000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT] SPECIAL PROVISIONS PLEASE REFER TO ATTACHED HOLDER NOTES. *The CANCELLATION notice is amended to read 10 Days as respects any cancellation due to nonpayment of premium. L:tK I It-IC:A It HULUtK City of Newport Beach Attn: Joan Ackerman Utilities Department P.O. Box 1768 Newport Beach CA 92658 ACORD 25 (2001108) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED EPRESENTATIVE �--� CORPORATION 1988 k 0f M, 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 25 (2001108) The City it's elected or appointed officers, officials, employees, agents and volunteers are included as additional insured per attached endorsement # CGD2460805 as required by written contract. Waiver of Subrogation -replies to the General Liability per attached endorsement #CGD3160704 as squired by written contract. Waiver of Subrogation applies to the Workers' Compensation per attached endorsement #WC040306. Automobile Additional Insured Endorsement CAT3539194 Attached which includes Waiver of Subrogation. *The CANCELLATION notice herein is amended to read 10 Days as respects any cancellation due to nonpay of premium. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance ", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and ii. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products- completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance ", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non - contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible 'other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: L Immediately record the specifics of the claim or "suit' and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit', and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CG D2 46 08 05 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE — Provisions A. -H. and J. -N. of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights, duties, and what is and is not covered. A. Broadened Named Insured B. Extension of Coverage — Damage To Premises Rented To You • Perils of fire, explosion, lightning, smoke, water • Limit increased to $300,000 C. Blanket Waiver of Subrogation D. Blanket Additional Insured — Managers or Lessors of Premises E. Incidental Medical Malpractice F. Extension of Coverage — Bodily Injury G. Contractual Liability — Railroads PROVISIONS A. BROADENED NAMED INSURED 1. The Named Insured in Item 1. of the Declara- tions is as follows: The person or organization named in Item 1. of the Declarations and any organization, other than a partnership, joint venture or lim- ited liability company, of which you maintain ownership or in which you maintain the major- ity interest on the effective date of the policy. However, coverage for any such additional organization will cease as of the date, if any, during the policy period, that you no longer maintain ownership of, or the majority interest in, such organization. 2. WHO IS AN INSURED (Section II) Item 4.a. is deleted and replaced by the following: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. H. Additional Insured — State or Political Subdivisions I. Other Insurance Condition J. Increased Supplementary Payments • Cost of bail bonds increased to $2,500 • Loss of earnings increased to $500 per day K. Knowledge and Notice of Occurrence or Offense L. Unintentional Omission M. Personal Injury —Assumed by Contract N. Blanket Additional Insured — Lessor of Leased Equipment 3. This Provision A. does not apply to any per- son or organization for which coverage is ex- cluded by endorsement. B. EXTENSION OF COVERAGE — DAMAGE TO PREMISES RENTED TO YOU 1. The last paragraph of COVERAGE A. BOD- ILY INJURY AND PROPERTY DAMAGE LI- ABILITY (Section I — Coverages) is deleted and replaced by the following: Exclusions c. through n. do not apply to dam- age to premises while rented to you, or tem- porarily occupied by you with permission of the owner, caused by: a. Fire; b. Explosion; c. Lightning; d. Smoke resulting from such fire, explosion, or lightning; or e. Water. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY This insurance does not apply to damage to premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: a. Rupture, bursting, or operation of pres- sure relief devices; b. Rupture or bursting due to expansion or swelling of the contents of any building or structure, caused by or resulting from wa- ter; c. Explosion of steam boilers, steam pipes, steam engines, or steam turbines. Paragraph 6. of LIMITS OF INSURANCE (Section III) is deleted and replaced by the following: Subject to 5. above, the Damage To Prem- ises Rented To You Limit is the most we will pay under COVERAGE A. for the sum of all damages because of "property damage" to any one premises while rented to you, or temporarily occupied by you with permission of the owner, caused by: fire; explosion; light- ning; smoke resulting from such fire, explo- sion, or lightning; or water. The Damage To Premises Rented To You Limit will apply to all "property damage" proximately caused by the same 'occurrence ", whether such damage results from: fire; explosion; lightning; smoke resulting from such fire, explosion, or light- ning; or water; or any combination of any of these causes. The Damage To Premises Rented To You Limit will be the higher of: a. $300,000; or b. The amount shown on the Declarations for Damage To Premises Rented To You Limit. 4. Paragraph a. of the definition of "insured con- tract' (DEFINITIONS — Section V) is deleted and replaced by the following: a. A contract for a lease of premises. How- ever, that portion of the contract for a lease of premises that indemnifies any person or organization for damage to premises while rented to you, or tempo- rarily occupied by you with permission of the owner, caused by: fire; explosion; lightning; smoke resulting from such fire, explosion, or lightning; or water, is not an "insured contract "; 5. This Provision B. does not apply if coverage for Damage To Premises Rented To You of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY (Section I — Coverages) is excluded by endorsement. C. BLANKET WAIVER OF SUBROGATION We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: premises owned or occupied by or rented or loaned to you; ongoing operations performed by you or on your behalf, done under a contract with that person or organization; "your work "; or "your products ". We waive this right where you have agreed to do so as part of a written contract, executed by you before the "bodily injury" or "property damage" occurs or the "personal injury" or "advertising injury" offense is committed. D. BLANKET ADDITIONAL INSURED — MANAG- ERS OR LESSORS OF PREMISES WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of any premises leased to you, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to: a. Any "bodily injury" or "property damage" that occurs, or "personal injury" or "adver- tising injury" caused by an offense which is committed, after you cease to be a ten- ant in that premises; b. Any premises for which coverage is ex- cluded by endorsement; or c. Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible Page 2 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such "other insurance ". E. INCIDENTAL MEDICAL MALPRACTICE 1. The following is added to paragraph 1. Insur- ing Agreement of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): "Bodily injury" arising out of the rendering of, or failure to render, the following will be deemed to be caused by an "occurrence ": a. Medical, surgical, dental, laboratory, x -ray or nursing service, advice or instruction, or the related furnishing of food or bever- ages; b. The furnishing or dispensing of drugs or medical, dental, or surgical supplies or appliances; c. First aid; or d. "Good Samaritan services." As used in this Provision E., "Good Samaritan ser- vices" are those medical services ren- dered or provided in an emergency and for which no remuneration is demanded or received. 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- SURED (Section II) does not apply to any registered nurse, licensed practical nurse, emergency medical technician or paramedic employed by you, but only while performing the services described in paragraph 1. above and while acting within the scope of their em- ployment by you. Any "employees" rendering "Good Samaritan services" will be deemed to be acting within the scope of their employ- ment by you. 3. The following exclusion is added to paragraph 2. Exclusions of COVERAGE A. — BODILY INJURY AND PROPERTY DAMAGE LIABIL- ITY (Section I — Coverages): (This insurance does not apply to:) "Bodily in- jury" or "property damage" arising out of the willful violation of a penal statute or ordinance relating to the sale of pharmaceuticals com- mitted by or with the knowledge or consent of the insured. 4. For the purposes of determining the applica- ble limits of insurance, any act or omission COMMERCIAL GENERAL LIABILITY together with all related acts or omissions in the furnishing of the services described in paragraph 1. above to any one person will be deemed one "occurrence ". 5. This Provision E. does not apply if you are in the business or occupation of providing any of the services described in paragraph 1. above. 6. The insurance provided by this Provision E. shall be excess over any valid and collectible "other insurance" available to the insured, whether primary, excess, contingent or on any other basis, except for insurance that you bought specifically to apply in excess of the Limits of Insurance shown on the Declara- tions of this Coverage Part. F. EXTENSION OF COVERAGE — BODILY IN- JURY The definition of "bodily injury" (DEFINITIONS — Section V) is deleted and replaced by the follow- ing: "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- miliation, sickness or disease sustained by a per- son, including death resulting from any of these at any time. G. CONTRACTUAL LIABILITY — RAILROADS 1. Paragraph c. of the definition of "insured con- tract" (DEFINITIONS — Section V) is deleted and replaced by the following: c. Any easement or license agreement; 2. Paragraph f.(1) of the definition of "insured contract" (DEFINITIONS — Section V) is de- leted. H. ADDITIONAL INSURED — STATE OR POLITI- CAL SUBDIVISIONS — PERMITS WHO IS AN INSURED (Section II) is amended to include as an insured any state or political subdi- vision, subject to the following provisions: 1. This insurance applies only when required to be provided by you by an ordinance, law or building code and only with respect to opera- tions performed by you or on your behalf for which the state or political subdivision has is- sued a permit. 2. This insurance does not apply to: a. "Bodily injury," "property damage," "per- sonal injury" or "advertising injury" arising out of operations performed for the state or political subdivision; or CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property damage" in- cluded in the "products- completed opera- tions hazard ". 1. OTHER INSURANCE CONDITION A. COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV), paragraph 4. (Other Insurance) is deleted and replaced by the fol- lowing: 4. Other Insurance If valid and collectible "other insurance" is available to the insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is primary except when b. below applies. If this insur- ance is primary, our obligations are not affected unless any of the "other insurance" is also primary. Then, we will share with all that "other insur- ance" by the method described in c. below. b. Excess Insurance This insurance is excess over any of the "other insurance ", whether pri- mary, excess, contingent or on any other basis: (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, or similar coverage for "your work "; (2) That is Fire insurance for prem- ises rented to you or temporarily occupied by you with permission of the owner; (3) That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or tempo- rarily occupied by you with per- mission of the owner; or (4) If the loss arises out of the main- tenance or use of aircraft, "autos ", or watercraft to the ex- tent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Li- ability; or (5) That is available to the insured when the insured is an additional insured under any other policy, including any umbrella or excess policy. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any provider of "other in- surance" has a duty to defend the in- sured against that "suit ". If no pro- vider of "other insurance" defends, we will undertake to do so, but we will be entitled to the insured's rights against all those providers of "other insurance ". When this insurance is excess over "other insurance ", we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (1) The total amount that all such "other insurance" would pay for the loss in the absence of this in- surance; and (2) The total of all deductible and self- insured amounts under that "other insurance ". We will share the remaining loss, if any, with any "other insurance" that is not described in this Excess Insur- ance provision. c. Method Of Sharing If all of the "other insurance" permits contribution by equal shares, we will follow this method also. Under this approach each provider of insurance contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, which- ever comes first. If any of the "other insurance" does not permit contribution by equal shares, we will contribute by limits. Under this method, the share of each provider of insurance is based on the ratio of its applicable limit of insur- ance to the total applicable limits of insurance of all providers of insur- ance. B. The following definition is added to DEFINITIONS (Section V): "Other insurance ": a. Means insurance, or the funding of losses, that is provided by, through or on behalf of: Page 4 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 (1) Another insurance company; (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation of Each Occurrence Limit section of Paragraph 5 of LIMITS OF INSURANCE (Section III) or the Non cumulation of Per- sonal and Advertising Injury limit sections of Paragraph 4 of LIMITS OF INSUR- ANCE (Section III) applies; (3) Any risk retention group; (4) Any self- insurance method or program, other than any funded by you and over which this Coverage Part applies; or (5) Any similar risk transfer or risk manage- ment method. b. Does not include umbrella insurance, or ex- cess insurance, that you bought specifically to apply in excess of the Limits of Insurance shown on the Declarations of this Coverage Part. J. INCREASED SUPPLEMENTARY PAYMENTS Paragraphs 1.b. and 1.d. of SUPPLEMENTARY PAYMENTS — COVERAGES A AND B (Section — Coverages) are amended as follows: 1. In paragraph 1.b., the amount we will pay for the cost of bail bonds is increased to $2500. 2. In paragraph 1.d., the amount we will pay for loss of earnings is increased to $500 a day. K. KNOWLEDGE AND NOTICE OF OCCUR- RENCE OR OFFENSE 1. The following is added to COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV), paragraph 2. (Duties In The Event of Oc- currence, Offense, Claim or Suit): Notice of an "occurrence" or of an offense which may result in a claim must be given as soon as practicable after knowledge of the "occurrence" or offense has been reported to you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an in- surance, loss control or risk manager or ad- ministrator) designated by you to give such notice. Knowledge by any other "employee" of an "occurrence" or offense does not imply that you also have such knowledge. COMMERCIAL GENERAL LIABILITY 2. Notice of an "occurrence" or of an offense which may result in a claim will be deemed to be given as soon as practicable to us if it is given in good faith as soon as practicable to your workers' compensation insurer. This ap- plies only if you subsequently give notice of the "occurrence" or offense to us as soon as practicable after you, one of your "executive officers" (if you are a corporation), one of your partners who is an individual (if you are a partnership), one of your managers (if you are a limited liability company), or an "employee" (such as an insurance, loss control or risk manager or administrator) designated by you to give such notice discovers that the "occur- rence" or offense may involve this policy. 3. This Provision K. does not apply as respects the specific number of days within which you are required to notify us in writing of the abrupt commencement of a discharge, re- lease or escape of "pollutants" that causes "bodily injury" or "property damage" which may otherwise be covered under this policy. L. UNINTENTIONAL OMISSION The following is added to COMMERCIAL GEN- ERAL LIABILITY CONDITIONS (Section IV), paragraph 6. (Representations): The unintentional omission of, or unintentional error in, any information provided by you which we relied upon in issuing this policy shall not prejudice your rights under this insurance. How- ever, this Provision L. does not affect our right to collect additional premium or to exercise our right of cancellation or nonrenewal in accordance with applicable state insurance laws, codes or regula- tions. M. PERSONAL INJURY — ASSUMED BY CON- TRACT 1. The following is added to Exclusion e. (1) of Paragraph 2., Exclusions of Coverage B. Personal Injury, Advertising Injury, and Web Site Injury Liability of the Web XTEND Liability endorsement: Solely for the purposes of liability assumed in an "insured contract ", reasonable attorney fees and necessary litigation expenses in- curred by or for a party other than an insured are deemed to be damages because of "per- sonal injury" provided: (a) Liability to such party for, or for the cost of, that party's defense has also been as- CG D3 16 07 04 Copyright, The Travelers Indemnity Company, 2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY sumed in the same "insured contract "; and (b) Such attorney fees and litigation ex- penses are for defense of that party against a civil or alternative dispute reso- lution proceeding in which damages to which this insurance applies are alleged. 2. Paragraph 2.d. of SUPPLEMENTARY PAY- MENTS — COVERAGES A AND B (Section — Coverages) is deleted and replaced by the following: d. The allegations in the "suit" and the in- formation we know about the "occur- rence" or offense are such that no conflict appears to exist between the interests of the insured and the interests of the in- demnitee; 3. The third sentence of Paragraph 2 of SUP- PLEMENTARY PAYMENTS — COVERAGES A AND B (Section I — Coverages) is deleted and replaced by the following: Notwithstanding the provisions of Paragraph 2.b.(2) of Section I — Coverage A — Bodily In- jury And Property Damage Liability, or the provisions of Paragraph 2.e.(1) of Section I — Coverage B — Personal Injury, Advertising In- jury And Web Site Injury Liability, such pay- ments will not be deemed to be damages for "bodily injury" and "property damage ", or damages for "personal injury ", and will not re- duce the limits of insurance. 4. This provision M. does not apply if coverage for "personal injury" liability is excluded by endorsement. N. BLANKET ADDITIONAL INSURED — LESSOR OF LEASED EQUIPMENT WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization (referred to below as "additional insured ") with whom you have agreed in a written contract, exe- cuted before the "bodily injury" or "property dam- age" occurs or the "personal injury" or "advertis- ing injury" offense is committed, to name as an additional insured, but only with respect to their li- ability for "bodily injury", "property damage ", "per- sonal injury" or "advertising injury" caused, in whole or in part, by your acts or omissions in the maintenance, operation or use of equipment leased to you by such additional insured, subject to the following provisions: 1. Limits of Insurance. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in the writ- ten contract, or the limits shown on the Decla- rations, whichever are less. 2. The insurance afforded to the additional in- sured does not apply to any "bodily injury" or "property damage" that occurs, or "personal injury" or "advertising injury" caused by an of- fense which is committed, after the equipment lease expires. 3. The insurance afforded to the additional in- sured is excess over any valid and collectible_ "other insurance" available to such additional insured, unless you have agreed in the writ- ten contract that this insurance must be pri- mary to, or non - contributory with, such 'other insurance ". Page 6 of 6 Copyright, The Travelers Indemnity Company, 2004 CG D3 16 07 04 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. BROAD FORM NAMED INSURED (4) All reasonable expenses incurred by the "in- SECTION II – LIABILITY COVERAGE, A. 1. sured" at our request, including actual loss of Who Is An Insured provision is amended by add- earnings up to $500 a day because of time off ing the following: from work. d. Any business entity newly acquired or formed by you during the policy period, provided you own 50% or more of the business entity and the business entity is not separately insured for Business Auto Coverage. Coverage is ex- tended up to a maximum of 180 days follow- ing acquisition or formation of the business entity. This provision does not apply to any person or organization for which coverage is ex- cluded by endorsement. B. EMPLOYEES AS INSURED SECTION II – LIABILITY COVERAGE, A.1. Who Is An Insured is amended by adding the follow- ing: e. If you are not a sole proprietor, any "em- ployee" of yours is an "insured" while using, in the course and scope of your business at the time of an "accident ", a covered "auto" you don't own, hire or borrow. If you are a sole proprietor, any "employee" of yours is an "insured" while using, in the course and scope of your business or per- sonal affairs at the time of an "accident ", a covered "auto" that you don't own, hire or bor- row. C. COVERAGE EXTENSIONS – SUPPLEMEN- TARY PAYMENTS SECTION II – LIABILITY COVERAGE, A. 2. Cov- erage Extensions, a. Supplementary Payments subparagraphs (2) and (4) are deleted and re- placed by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. D. HIRED CAR— WORLDWIDE COVERAGE SECTION II – LIABILITY COVERAGE, A.2. Cov- erage Extensions is amended by adding the following extension: c. Hired Car– Worldwide Coverage (1) We will pay all sums an "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, caused by an "acci- dent" which occurs outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada result- ing from the operation, maintenance, or use of any covered "auto" of the private passenger type you lease, hire, rent, or borrow without a driver for 30 days or less. (2) With respect to any claim made or "suit" instituted outside the United States of America, the territories and possessions of the United States of America, Puerto Rico, and Canada: (a) You shall undertake the investigation, settlement, and defense of such claims and "suits" and keep us ad- vised of all proceedings and actions. (b) You will not make any settlement without our consent. (c) We will reimburse you: (i) For the amount of damages be- cause of liability imposed upon you by law on account of "bodily injury" or "property damage" to which this policy applies, and (ii) For all reasonable expenses in- curred with our consent in connec- CA T3 53 01 04 Copyright, The Travelers Indemnity Company Page 1 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. COMMERCIAL AUTO tion with the investigation, settle- ment or defense of such claims or "suits ". Reimbursement for ex- penses will be part of the Limit of Insurance for Liability Coverage shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS, and not in addition to such limits. (3) The Limit of Insurance for Liability Cover- age shown in ITEM TWO of the BUSINESS AUTO COVERAGE PART DECLARATIONS is the most we will re- imburse you for the sum of all damages imposed on you, as set forth in c.(2)(c) above, and all expense incurred by you arising out of any single "accident" or "loss ". (4) You must maintain the greater of the fol- lowing primary auto liability insurance lim- its: (a) Compulsory admitted insurance with limits required to be in -force to satisfy the legal requirements of the jurisdic- tion where the "accident" occurs; or (b) Insurance limits required by law and issued by a governmental entity or by an insurer licensed or permitted by law to do business in the jurisdiction where the "accident" occurs; or (c) Auto liability insurance limits of at least $300,000 Combined Single Limit or $100,000 per person/ $300,000 per accident Bodily Injury, $100,000 Property Damage. If you fail to comply with the above, this insurance is not invalidated. However, in the event of a "loss ", we will pay only to the extent that we would have been liable had you so complied. (5) The insurance provided by HIRED CAR – WORLDWIDE COVERAGE is excess over any other collectible insurance avail- able to you whether on a primary, excess contingent or any other basis. E. HIRED CAR PHYSICAL DAMAGE — LOSS OF USE SECTION II – LIABILITY COVERAGE, A. 2. Coverage Extensions is modified by adding the following: d. Notwithstanding SECTION 11, LIABILITY B. Exclusions 2. and 6., we will pay sums which you legally must pay to the lessor of a cov- ered "auto" which you have leased without a driver for 30 days or less for the lessor's loss of use of the covered "auto ", provided: 1. This insurance provides comprehensive, specified causes of loss or collision cover- age on the covered "auto "; 2. The loss of use results from the covered "auto" being damaged in an "accident" while you are leasing it. We will pay up to $65 per day subject to a maximum limit of $750 for any one "accident ". F. PHYSICAL DAMAGE — TRANSPORTATION EXPENSE SECTION III – PHYSICAL DAMAGE COVERAGE, A. 4. Coverage Extensions, sub- paragraph a. is deleted and replaced by the follow- ing: a. Transportation Expenses We will pay up to $50 per day to a maxi- mum of $1,500 for temporary transporta- tion expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses in- curred during the period beginning 48 hours after the theft and ending, regard- less of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss ". If the temporary transportation expense in- curred arises from your rental of an "auto" of the private passenger type, the most we will pay is the amount it costs to rent an "auto" of the private passenger type which is of a like kind and quality as the stolen covered "auto ". G. PERSONAL EFFECTS COVERAGE SECTION III – PHYSICAL DAMAGE COVERAGE, A. Coverage, 4. Coverage Exten- sions is amended by adding the following: c. Personal Effects Coverage We will pay to $400 for loss to wearing apparel and other personal effects which are: (1) owned by an insured; and (2) in or on your covered "auto ". Page 2 of 3 Copyright, The Travelers Indemnity Company CA T3 53 01 04 Includes copyrighted material of Insurance Services Office, Inc., with its permission. This coverage applies only in the event of a total theft of your covered "auto ". No deductibles apply to Personal Effects Cov- erage. H. NOTICE OF AND KNOWLEDGE OF OCCURRENCE SECTION IV — BUSINESS AUTO CONDITIONS, A. 2. Duties In The Event Of Accident, Claim, Suit Or Loss, subparagraph a. is deleted and re- placed by the following: a. In the event of "accident ", claim, "suit" or "loss ", you must give us or our authorized representative prompt notice of the "accident" or "loss" including: (1) How, when and where the "accident" or "loss" occurred; (2) the "insured's" name and address; and (3) to the extent possible, the names and ad- dresses of any injured persons and wit- nesses. Your duty to give us or our authorized repre- sentative prompt notice of the "accident" or "loss" applies only when the "accident" or "loss" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; or 3. An executive officer or insurance man- ager, if you are a corporation. I. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: COMMERCIAL AUTO 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss ", provided that the "accident" or "loss" arises out of operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. J. UNINTENTIONAL ERRORS OR OMISSIONS SECTION IV — BUSINESS AUTO CONDITIONS, B. General Conditions; 2. Concealment, Mis- representation, Or Fraud is amended by adding the following: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non - renewal. K. MENTAL ANGUISH SECTION V — DEFINITIONS, Definition C. is amended by adding the following: "Bodily injury" also includes mental anguish but only when the mental anguish arises from other bodily injury, sickness, or disease. CA T3 53 01 04 Copyright, The Travelers Indemnity Company Page 3 of 3 Includes copyrighted material of Insurance Services Office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06 (Ed. 4 -84 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT— CALIFORNIA vde have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from US.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be * % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description WHERE YOU ARE REQUIRED BY WRITTEN CONTRACT TO OBTAIN THIS AGREEMENT FROM US, PROVIDED THE CONTRACT IS SIGNED AND DATED PRIOR TO THE DATE OF LOSS TO WHICH THIS WAIVER APPLIES. IN NO INSTANCE SHALL THE PROVISIONS AFFORDED BY THIS ENDORSEMENT BENEFIT ANY COMPANY OPERATING AIRCRAFT FOR HIRE. *The premium charge for this endorsement shall be 2% of the premium developed in the State of California, but not less than $500 policy minimum premium. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 01/01/08 Policy No. BB1080213 Endorsement No. 8 Insured Valverde Construction, Inc. Policy Effective Date 01/01/08 Insurance Company SeaBright Insurance Company i Countersigned By WC 04 03 06 (Ed. 4 -84) ©1998 by the Workers' Compensation Insurance Rating Bureau of California. All rights reserved. 0 • 00h) AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. 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 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: 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. 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. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF,I A Municip T BEACH ation Edward SLlich� Mayor for the City of Newport Beach VALVERDE CONSTRUCTION, INC. _^ B. Title: President Print Name:Edward Valverde By: (Financial Officer) Title: corporate Treasurer Print Name: Michael Valverde 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 05/29/2008 12:24 VALVERDE CONSTRUCTION a 19496465204 • VALVMWLF CONSTRUCTION, INC. Genera! Effe; ring Conrractors tame No. 27640 10818 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (862)806 -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 92658 Re. Professional Service Agreement — Utility Repair Services Dear Mr. Myrter: ■ o 1 � I Valverde Construction, Inc. is requesting to extend the Professional Service Agreement for another year to commence on .luly 1, 2008. New rate sheets are attached. Yours Truly, VALVERDE CONSTRUCTION, INC. Edward Valverde President Enclosure rc A m 0� 2 N ti VALVERDE CONSTRUCTION INC. LABOR RATES 711108 - 6130109 Rate Code BASE PAY VAC PAY EMPEE PAY TE EMPM TAXES 13AS% GEN'L LIAR INS WKRS MP.INS. TAM ENSI HLT AND WEL OTHER FRINGE TOTAL FRINGE REG COST RATE DAILY COST RATE OfT COST RATE 0 rr COST RATE CARP CARPENTER 37.35 3.30 40.65 5.63 3.52 3.78 1.911 3.95 0.74 Z2.1141 59.49 47535 78.17 96.84 CAF- Cemiall Masons 29. 0 737 35.23 4.88 3.52 2.68 4.50 5.72 1.59 2BA21 57.92 463.36 72.67 87A2 Pt LA80RER APPRENTICE 1ST PERIOD 14.67 2.52 17.19 2.38 3.52 1.31 1.05 2.98 0.91 14.67 29.34 234.71 360 4441 LAP2 LABORER APPREN E 2N PER OD 16.13 2.52 18.85 2.58 3.52 1.42 1.65 2.98 0.91 14.98 31.11 249.90 39.18 47.24 LAP3 LA13ORERAPMENYVCE 3RD PERIOD 1 2.52 2112 279 3.52 1.53 105 2.98 0.91 15.30 3290 263.18 41.70 5050 994 BO ER APPRENTICE 4TH PERIOD 20.53 2.52 23.05 3.19 3.52 135 1.05 2.98 0.91 15.93 36.46 291.65 48.72 56.99 5 LABORER APPRENTICE 5TH PERIOD 23.46 2.52 25.98 3.60 3.52 1.98 145 298 0.91 16.56 40.02 320.12 51.75 63.48 D 6 R APPRENTICE 8TH PERIOD 24.93 2.52 27.45 3.80 3.S2 2.09 1.05 218 0.91 16.87 41.60 1 334.41 51.27 66.73 LCF2 LahaerFOreman CZ fracfal 28.72 3.60 32.32 4.48 3.52 2.46 5.25 4.26 0.98 24.55 53.27 426.13 87.63 81.99 to horer FOREMAN 1 ORTIZ CARREO 34.48 3.60 38.08 5.27 3.52 2.90 5.25 4.26 0.98 25.78 60.26 48210 77.50 94.74 LGF7 FOR N1 VINA 27 3.80 30.89 4.28 3.52 2.35 525 0.28 0.98 242 51. 412,29 65.ii 78.82 LGF3 ORE 3 .R. NO 38.73 3.60 40.33 5.59 3.52 3.07 525 4.26 0.08 26.26 62.99 503.98 87.36 89.72 1 GEN. LABORER GROUP 1 26.33 3.60 9.93 29.937- 4.15 3.52 2.28 5.23 4.26 0.98 24.03 50:36 402.90 63,63 7S LG2 GE R GROUP 2 26.88 3.60 30.48 4.22 3.52 232 5.25 4.25 0.98 24.15 51.03 40 &25 64.4 77: L02A GR P J. w 28.33 3.60 31.93 4.42 3.52 2.43 5.25 4.26 0.98 24.46 52.79 422.34 65.96 81.1 G4 1PELAYERGR 4 2 &98 3.80 32.58 4.51 342 248 5.25 4.26 0.98 24.60 53.58 428.65; 6&07. 82.5 LG5 DELAY GR P5 29.33 3.6 3293 4.56 3.52 2.51 5.25 4.28 0.88 24.68 54:01 432.06 6&67 83. 010C G OUP 10C Mike Valverde 38.8 2. 41.70 5.78 3.52 3.17 5.05 7.95 0.82 29.11 67.99 543.91 67.43: 10&87 0 OR GROUP 1GR Arson Valverde) 38.88 2.82 41,70 5.78 3.52 3.17 5.05 7.85 0.82 29.11 67.99 543.01 87.43 108,87 OG6 GROUPS 38.05 40.86 5.68 3.52 3.11 5.05 7.95 0.82 28.93 "Moo 535.94 " 86.02 , 10645 OG8 GROUP 38.17 282 40.99 5.68 3.52 3.12 545 7.95 0.82 2&96 57.13 531.01 . 8621. 105.30 O GROUP 9 Ja Levds 39.81 2.82 42.63 5.90 3.M 3.24 545 7.95 0.82 29.31 69.12 55295 108.83 SDFM Ci£N. FORE. Di - R.Ra I 30.84 3.31 3415 4.73 3.52 260 3.46 4.16 0.62 2239 53.23 425.63 89.65 : 64. TF F e .40 2.60 4.57 3. 251 5.60 4.57 1.54 .31 x.71 477.69 7 :91 9&ti TFt FOREMAN (.DOSEK) 28AGI 2.80 140 429 3.5 7 365 5.00 9.51 1.54 28.88 . 57.28 45&26 'n 65:68 S Teafrtsh:r TRUCK DRIVER SPECIAL 28.94 2.60 31.54 4.37 3.52 F:2 .40 5.00 9.57 t. 2940 57:94 -lout : 72.41 8&88 FTU earnsOerTRUCK DRIVER 26.94 2.60 29.54 4.09 3.52 225 5.00 9.57 1. 28.57 55.57 444.07 5& 8 82.45 7PL2008 rn • 2 Rates Gaud Through June 30 2008 •. • CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item iz July ly 2 22, 2008 T TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 949 - 718 -3400 or smvrter(a)city.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. Underground Repair Services — App• al 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: Cindy Asher Administrativ&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 1'1"', 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. • 0 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: Aaron C, Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Edward Selich, Mayor for the City of Newport Beach DOTY BROS. CONSTRUCTION CO. 0 Title: President Print Name: M (Financial Officer) Title: Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f luserslpbwlsharedlagreementslfy 07 -08\on -call services%dvanced Survey Amendment.doc DOTY BRogS. • Construction Company July 6, 2008 City of Newport Beach 949 West 16"` Street Newport Beach, CA 92658 Attention: Cindy Asher, Utilities Administration Manager Reference: Professional Services Agreement On -Call Emergency Underground Utility Repairs Term: 09/11107-08/31108 Subject Labor Rates and Equipment Rates Term: 09/01/08 — 08/31/09 Dear Cindy: EXHIBITW 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 tail our office. Very truly yours, J6�_ 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 B ' EXHIBIT "B" Construction Company 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. BBtirg rate for Apprentice will be based on actual closs8lcaticn. Subsistence: $85.00/day Travel Time: Customer will be advised if travel time Is applicable Overtime Rates: All hours outside regularly constauted shift shelf be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular she1, and first twelve (12) hours on Saturday Is time and onre half, all additional hours at double time except holidays which are at bipee time. Emergency "call out work' - Four (4) how minimum for labor and equipnrent. Markup: Material, subcontractors, subsistence, and outside rentals [including fuel costs), will be billed cost plus sales tax whore applicable, plus mark -UP of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, lryo, Mono. Orange. Riverside, San Bernardim. Imperial, Ventura. Santa Barbara, San Luis Obispo, Kern and in addilfon: Richardson Rack, Santa Cruz island, Arch Rock San Nicholas island. Cawns Island, San Clemente Island. San Miguel Island, Santa Barbera Island, Santa Rosa Island. Anacapa Island, Including the Channel Islands Monument. Rate Scale does not include San Diego County T to cha a without nob This rate sheet is not all Inclusive; additional classifications available N required. (v20) CA C.L 273024 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 CRAFTSMAIIVCLASS CODE TIME TIME TUNE CRAFTSMAWCLASS 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 15529 Foreman CFM 80.62 11427 147.92 Group 1, Appdx. A - Oiler OGt 80.13 109.56 13&98 Joueyman 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 84.96 116.79 140,62 Apprentice - 8th Period (90%) CA8 69.39 97.42 125.46 Group 10, Appdx. A - Mechanic OGA 85.16 117.09 149.02 Gawp 8, Appdx. B -Crane <25 Tons OB8 85.44 117.51 149.59 MILLWRIGHTS Gawp 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- SNP 6(90%) DAB 78.59 107.24 135.89 Foreman CMF 81.45 115.52 149.59 Journeyman CMJ 76.45 108.02 139.58 Apprentice - 6th Period (95 %) CM8 66.96 93.81 120.64 UAL PIPEF17TERSIWELOERS 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 - Welder/Fitter IJM 8025 108.01 135.78 Journeyman WM 72.53 97.13 121.73 Apprentice - Pith Year IA5 67.68 9267 117.65 F &T Machine Operator MTO 72.94 97.76 12257 Apprentice - 8th 6 Mos. (90%) MM 67.61 89.75 111.89 SHORTLINE (LOCAL 250) Foreman SFM 93.31 129.90 163.68 LABORERS Journeyman(Welder*ltter) SJM 90.31 125.40 157.75 Operator General Foreman LOG 8&76 123.93 159.10 Welder Helper SWH 50.30 6 8,50 85.66 Operator Foreman LOF 8 5,43 118.93 15243 Pre4ielper 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 i - General LGt .6234 84.30 106.26 Group 2 - Wrapper To 6" LG2 63.26 85.68 108.10 UTILITY Group 3 - PTO/Wmpper > 6' LG3 64.18 87.05 109.93 Foreman UFM 63.47 89.04 11329 Group 4 -Pipe layer, C&S LG4 66.76 90.93 115.10 Welder lNVD 6121 82.85 104.48 Group 5- Blaster LGS 67.35 91.81 11 6.27 AoumeymanfFuser UJM 52.57 70.31 88.04 Apprentice -6th Period (85 %) LAB 51.63 7242 93.22 Pipe Tradesman If UP2 40.22 51.89 63.57 TEAMSTERS ELECTRICIANS7INSIDE WIREMEN Operator General Foreman TOG 93.86 129.03 16420 (Rates subject to project location a employee base location) Operator Foreman TOF 90.53 124.03 157.53 General Foreman EGF 97.65 136.91 176.17 General Foreman TGF 7263 97.18 121.74 Foreman EFM 90.42 126.06 161.70 Foreman TFM 70.96 94.68 11 8,40 Journeyman EJM 83.18 11520 147.22 Group 2 - 2 Axle TG2 67.88 90.05 11223 Apprentice - 10th Period (85 %) EAO 7207 . 99.29 12&51 Group 3 - 3 Artie TG3 68.09 90.38 11266 Group 5 - Working Truck Driver TGS 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 9276 115.83 Superirdandent MSP 95.40 130.02 167.93 Group 12 - WTD BoomTrk Cart 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. BBtirg rate for Apprentice will be based on actual closs8lcaticn. Subsistence: $85.00/day Travel Time: Customer will be advised if travel time Is applicable Overtime Rates: All hours outside regularly constauted shift shelf be time and one half. Sundays and holidays shall be paid at double time. For Operating Engineers -first four (4) hours outside regular she1, and first twelve (12) hours on Saturday Is time and onre half, all additional hours at double time except holidays which are at bipee time. Emergency "call out work' - Four (4) how minimum for labor and equipnrent. Markup: Material, subcontractors, subsistence, and outside rentals [including fuel costs), will be billed cost plus sales tax whore applicable, plus mark -UP of 15% Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, lryo, Mono. Orange. Riverside, San Bernardim. Imperial, Ventura. Santa Barbara, San Luis Obispo, Kern and in addilfon: Richardson Rack, Santa Cruz island, Arch Rock San Nicholas island. Cawns Island, San Clemente Island. San Miguel Island, Santa Barbera Island, Santa Rosa Island. Anacapa Island, Including the Channel Islands Monument. Rate Scale does not include San Diego County T to cha a without nob This rate sheet is not all Inclusive; additional classifications available N required. (v20) CA C.L 273024 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 DOTY BIMS. ' Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1, 2008 TO DECEMBER 31 2008 BACK HOES AUGER Accessory- COMPACTION WHEEL EXECAVATOR Accessory - COMPACT WHEEL F/CASE -JD Acessory - HYDRAULIC BREAKER I CASE & JD Accessory - VIBRATORY PLATE POWER BROOM - TRACTOR MOUNTED CC -135A ROCK WHEEL CASE 560 1JD 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 ID# Hourly ROAD EQUIPMENT fpm Hourly 21.50 COMPRESSOR -AIR PORTABLE (PER DAY RATE) Rate CRANES BOOM TRUCK - 8 TON #3647 $ 37.50 Bak #1189 $ 20.00 CABLE DOLLY - ONE REEL (Traitor Mounted) 56.550 $ 12.00 01181 $ 40.00 CABLE DOLLY- THREE REEL (Trailer Mounted) 24.75 $ 25.00 #1179 $ 20.00 FLASHING ARROWBOARD - (4 HR MIN.) $ $ 17.00 #1183 $ 60.00 GRADER -CAT 140 #87791 $ 85.50 41535 $ 40.00 GRINDER! COLD PLANER (BITELLI) - (4 HR MIN.) #1187 $ 235.00 91085 S 20.00 ROLLER - (RIDE ON) 17.50 $ 30.00 #1313 $ 75.00 ROLLER (WALK BEHIND) -1 TON VIBRATOR $ $ 24.00 93401 $ 41.75 ROLLER TRAILER $ 12.00 UTILITY VEHICLE (NON14iWY) $ 43.75 TILT TRAILER #8366 $ 12.00 #4055 $ 117.50 TRENCHER TRAILER #6481 $ 1200 . #4072 $ 147.50 UTILITY TRAILER '#6452 $ 12.00 #4147 $ 3915 ZIPPER PAVEMENT GRINDER (PER DAY RATE) #1800 $ 375.00 TAP MACHINE (Water lines up to 2') (Per inch I Per day) $ 47.75 ASPHALT PAVER - LEE BOY 1000D #1196 $ 117.00 3040 200 AMF, SKID MOUNTED or TRAILER CEMENT SAW - WALK BEHIND #1938 $ 34.00 $ 46.00 91169 $ 16.00 #1860 $ 23.50 COMPRESSORS WNJO LB, B EME CLAY SHADE R TAMPER #5078 $ 46.25 COMPRESSOR 125 - 185 C IA $ 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 $ 56.550 BOOM TRUCK 23 -25 TON #3308 $ 61550 CRANE - RT / 15.18 TON (or eguhtalent) $ 6350 DOZERS I SIDEBOOMS DOZER JD 450 #5078 $ 46.25 SIDEBOOM CAT D-6 $ 60.25 SIDEBOOM CAT D-7 #5063 $ 6925 SIDEBOOM CAT 561 #5045 $ 6625 SIDEBOOM CAT 572 #5067 $ 8125 SIDEBOOM JD 450 $ 44.25 FORKLIFTS FORKLIFT - HYSTER 20,000 LB #1203 $ 36.75 FORKLIFT - LION 6,000 LB #1204 $ 24.75 LOADERS LOADER - BOBCAT W/ BUCKET #11841 $ 28.75 LOADER - BOBCAT W1 SWEEPER #11841 $ 38.75 LOADER - BOBCAT W1 GRINDER #1184($ 58.75 RUBBER TIRE LOADER - 544 JD #5086 $ 49.50 RUBBER TIRE LOADER - 930 CAT #5089 $ 51.50 RUBBER TIRE LOADER -950 CAT #5087 $ 62.50 RUBBER TIRE LOADER - 950EIF CAT #5099 $ 73.50 RUBBER TIRE LOADER - 966 CAT #5070 $ 68.50 SKIPLOADER - CASE 5801 MF 40E / F 445 $ $3,75 TRUCKS 23 TON LUBE TRUCK #3450 $ 18.50 5 Yard (Rat bed or Bobtail) Dung 123 Ton Utility Truck $ 26.00 BACK HOE MOVER TRUCK $ 23.50 CEMENT TRUCK w/ mixer and compressor #3338 $ 52.50 DUMP TRUCK 10 WHEELER $ 3150 EQUIPMENT TRAILER - 20,000 LB $ 14.00 EQUIPMENT TRAILER - 40,ODO LB $ 16ko FLAT BED w8h LIFT #3693 $ 2550 FLAT BED with MWER / DUMP 93392 $ 5250 LOWBED TRAILER w/bactor& move permit fees #3456 $ 48.50 LOWSIDE END DUMP TRAILER W/ TRACTOR #3418 $ 45.50 PICKUP TRUCKS - MISC. TOOLS NOT INCLUDED $ 17.50 PICT-UP- RENTAL NUMBER R7700 $ 17.50 SERVICE TRUCK - MISC TOOLS NOT INCLUDED $ 19.50 SERVICE VAN - MISC TOOLS NOT INCLUDED $ 17.50 TEST PUMP TRUCK 93401 $ 82.50 TEST TRAILER (11wrostatic) 06549 & 6674) $ 32.00 UTILITY VEHICLE (NON14iWY) $ 2450 WATER TRUCK - (1,500 -2,000 GALS.) S 32.50 WATER TRUCK - (3,500 GALS.) 93464 $ 42.50 WINCH TRUCK #3395 $ 32.50 MISCELLANEOUS ROARING MACHINE HYDRAULIC 91521 $ 25.00 BORE MACHINE TRAILER 96447 $ 10.00 TAP MACHINE (Water tines 3' to 12') (Per Inch /par day) #828 $ 30" TAP MACHINE (Water lines up to 2') (Per inch I Per day) #820 $ 20.00 WELDERS 200 AMF -TRUCK MOUNTED $ 3040 200 AMF, SKID MOUNTED or TRAILER $ 17.50 WELDER - RIG RENTAL NUMBER RT704 $ 30.50 FABRICATION SHOP & EQUIPMENT #101 $ 91.00 Psi. r ore 11232 E. Firestone Blvd, Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CA Lic. 273024 DOTY D S. ' Construction Company MASTER EQUIPMENT LIST AND RATES SOUTHERN CALIFORNIA COST PLUS RATES EFFECTIVE JULY 1 2008 TO DECEMBER 31 2008 MISCELLANEOUS 10# Y MISCELLANEOUS f DDI DALX RA Rate 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 $ 50.00 PIPE PUSHER / GRUNDORAM - HERCULE #1939 $ 600.00 AIR TAMPER 9859 $ 35.00 PLYWOOD 1/3 REPLACEMENT COST #897 $ 3.00 ASPHALT SPREADER BAR #1193 $ 125.00 PNEUMATIC114YDRAU TORQUE WRENCH #3090 $ 150.00 BARRICADES #880 $ 2.50 PORTABLE BAND SAW #860 $ 35.00 13EVELLNG BAND I4" -20" #833 $ 75.00 POWER THREADER #853 $ 85.00 BEVELING BAND 24 "-42" #834 $ 100.00 PRESSURE WASHER TRAILER MOUNT. 96941 $ 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 #861 $ 27.00 BEVELING MACHINE 24 "-42" #831 $ 100.00 RIGID ROLL GROOVER 4#873 & 1118561 $ 30.00 BEVELING MACHINE 4 " -12" #829 $ 42.50 RIVET BLISTER RIPPING GUN #869 $ 50.00 BORING MACHINE - CASE HYDRA #1092 $ 160.00 ROCK DRILL (Plus Steel) #885 $ 35.00 BORE MOTOR #854 $ 10.00 ROCK SEPARATOR- GRIZZLY #1811 $ 85.00 BORING MACHINE 1-112"&13(4' (Acw-pux) #1178 $ 15.00 ROTARY KAMMER (Plus Steel) #852 $ 50.00 BORING MACHINE 4"- V (Accu- punch) #1520 $ 25.00 SANDBLASTER - UNIT (with accessories) 91175 $ 125.00 BORING MACHINE 3-1/2" (AccvvAmh) #1177 $ 20.00 SAWZALL #874 $ 15.00 BUFFER & GRINDER #836 $ 25,00 SHORING LUMBER 3" X M2' X 14' (173 REAACUIENTCOSTI #895 $ 3.00 BUILDER LEVEL -AC-2X NOON 9845 $ 25.00 SHORINGLUMBERB "X8 "X8' (VJ F"MElENr CWT) #896 $ 3.00 CEMENT MIXER $ 43.00 SKILL SAW (INCLUDES BLADES) #835 $ 20.00 CHAIN LINK FENCE PANELS #646 $ 3.00 TAP MACHINE -T.D. W ILLIAMSON (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 91815 $ 125.00 CLEANING BALL #890 $ 10.00 TEST PUMP 5,000 LB. TRAILER MOUNTED #6818 $ 187.00 COM -ALONG / CHAIN 9886 $ 15.00 TEST PUMP High Presswe #1940 $ 125.00 CONCRETE FINSHER #1823 $ 125.00 TEST PUMP Portable 200Ib (0816 & 0817) $ 80.00 CONCRETE VIBRATOR #891 $ 40,00 TESTING TABLE 91834 $ 60.00 CONSTRUCTION SIGNS #882 $ 4.00 TRAFFIC CONES #981 $ 2.50 CROSSING PLATES #878 $ 625 TRANSIT - THEOUTE 0845C $ 35.00 CUTOFF /CHOP SAW (INCLUDES BLADES) #810 $ 53.00 TRENCH BOX -8'X IV 01910 $ 200.00 DEAD WEIGHT TESTER $ 60.00 TRENCH BOX-,r X 10' #1909 $ 130.00 DELINEATORS #879 $ 2.50 TRENCH JACK (SCREW) 0877 $ 4.00 DRILL MOTOR 12" #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 TR1 -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 ='X 50' 071 $ 6.00 FLOW LINER #841 $ 25.00 WATERHOSE 2112'X50' #872 $ 7.50 FUSION MACHINE 4-12' Macelroy #3095 $200.00 WATER PUMP 2' Portable #1831 $ 5100 GENERATOR (3.5 -5KW) #1807 $ 53.00 WATERPUMP 3' Portable #1832 $ 80.00 HEAT TRACER #814 $ 25.00 WEEDEATER #116 $ 50.00 HEATER #815 $ 25.00 WHALERS HYDRAULIC 117694 $ 300.00 HOLIDAY DETECTOR #838 $ 25.00 WINCH 10 TON (GRUNDO) 96042 $ 300.00 HYDRAULIC STAR CUTTER #889 $ 100.00 IMPACT GUN 1" #819 $ 25.00 IMPACT GUN l)2" #821 $ 15.00 DAILY IMPACT GUN 314' #822 $ 20.00 SAFETY AND HAZMAT EQUIPMENT Raft IMPACT WRENCH 1" #864 $ 36.00 EXPLOSIMETER 0844 $ 50.00 LADDER #875 $ 10.00 4 WAY GAS MONITOR #921 $ 100.00 LASER LEVEL #8458 $ 75.00 MULTI -GAS DETECTOR /PID 0914 $ 100-00 LEAF SLOWER #824 $ 25.00 AIR SUPPLY UNIT #922 $ 50100 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/TreiOht per day) #1082 $ 400.00 RESPERATOR - HALF/FULL MASK #911 $ 5.00 PIPE BENDER SHOES/ 1082 BENDER #1190 $1165.00WEEKLY SCBA -sell contained #916 $ 40.00 POPE CUTTER - RIDGID SOIL #885 $ 15.00 SCBA cl4inder -extra #917 $ 25.00 PIPE CUTTER LINEUP CLAMP 18 ".38' #839 $ 50,00 TRIPOD WITH WINCH #913 $ 100:09 PIPE CUTTER LINEUP CLAMP 8'-14' #851 $ 25.00 P. 202 11232 E. Firestone Blvd., Norwalk, CA 90650 Phone: (562) 864 -6566 Fax: (562) 864 -6052 www.dotybros.com CALic. 273024 0 AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. 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 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. • IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date first above written. APPROVED AS TO FORM: By: w-- 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. M Title: President Print Name: in (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Shedule of Billing Rates f.\users\pbM6aredlagreements \fy 07 -08bn -call servioes\Advanced Survey Amendment.doc 05/29/2908 12:24 VRL0DE CONSTRUCTION 4 19496465204 0 VAC VERDE CONSTRUCTION, INC. Genera! Engiwi,fng Contractors License No. Z15dfiB 10816 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906 -1626 • FAX (562)906 -1913 May 29, 2008 Mr. Steve Myrter Utilities Director City of Newport Beach 3300 Newport n)vd. P.O. Box 1768 Newport Beach, CA 92658 Re: Professional Service Agreement — Utility Repair Services Dear Mr. Myrter. 1 � 1 Valverde Construction, Inc. is requesting to extend the Professional Service Agreement for another year to continence on July 1, 2008. New rate sheets are attached. Yours Truly, VALVERDE CONSTRUCTION, INC. Edward Valverde President Emlosure m7 VALVERDE CONSTRICTION INC. LABOR RATES 771108- 6130109 Rate Coda BASE PAY VAC PAY eAPEE PAY RATE EMPER TAXES 13.85% GEM UAB INS MRS MP. INS. 7.61% ENSIO HLTH AND WEL OTHER FRINGE TOTAL FRINGE REG COST RATE DAILY COST RATE 0!r COST RATE Orr COST RATE CARP CARPENTER 37.35 3.30 40.65 5.63 3.52 3.09 1.91 3.95 0.74 22.14 59.49 475.96 78.17 96.84 CMF eat Masons 29.0 5.7 35.23 4.88 3.52 2.66 4.6D 5.22 1.89 28.42 57,92 463.36 72.67 87.42 Pi UFO-AYR APPRENTICE 1ST PERIOD 14.67 2.52 17.19 238 3.52 1131 1.05 298 "1 14.67 29.34 234.71 30.67 44.01 LAP2 LABORER APPRENTICE 2N PERIOD 16.13 2.57 18.65 2.58 3.5 1.42 1.05 2.98 0,91 14.98 31.11 248.90 39.18 47.24 LAPS BORER APPRENTICE 8RO PERIOD 17. 2.52 20.12 279 3.52 1.53 1.05 2.98 0.91 15.30 3290 263.16 41.70 5050 LAP4 LABORER APPRENTICE 4TH PERIOD 20.53 2.52 23.05 3.19 3.52 1.75 1.05 2.98 0.91 15.93 36.46 291.65 46.72 5&99 LAPS LABORER APPRENT10E 5TH PERIOD 23.46 2.52 26.981 3.80 3.52 1.98 1.05 298 6.91 16.SSI 40.02 320.12 51.75 63.48 LAPS LABORER APPRENTICE 67}1 PERIOD 24.93 2.52 27.451 3.80 3.52 2.04 1.051 2.98 0.91 16,071 41.80 334.41 54.27 66.73 LC 2 Laborer Foreman CZ a la 26.72 3.60 32.321 4.48 3.52 2.46 5.25 4.26 0,96 24.d55f 53:27 428.13 67.63 81.99 1A boror FOREMA74 to 0' CARREO 34,48 3.50 Suit 5.27 3.52 2.90 5.25 426 0.98 25.78 60.26 48210 77.50 94.74 LGF1 rer FOREMAN 1 VINA 27.29 3.00 30.89 4.28 3.52 2.35 525 4.28 0.98 24.24 61M 412.23 65.17 76.82 LGF3 FOREMAN 3 J.R. MUNOZ 36.73 3.60 40.33 5.59 3.52 3.07 525 4.26 0.98 26.26 62.99 503.96 81.36 99.72 LG1 11 . LABORER GROUP 1 26,33 3.60 29.93 4.15 3.52 2.28 5.25 4.26 0.98 24.03 50.36 402.90 63.53 76.69 LG2 GE . LA ORER OUP 2 26,88 3.60 30AS 4.22 3.52 232 5.25 425 0.98 24.15 51.03 408.25 64.47 77:91 L02A GROUP 2A J. Min 26.33 3.60 31.93 4.42 3.52 2.43 5.25 4.28 0.98 24.45 $2.79 42234 66.96 81.12 LG4 PIFELAYER GRdQlP 4 2 &98 380 32.58 4.51 3.52 2.48 5.25 4.28 0.98 24.50 53.58 428.65 68.97. 6256 7G5 P PELA ER GROUP 5 29.33 3. 3293 4.68 3.52 2.51 5.25 4.28 498 24.88 54:01 43205 6&67 . 83.34 10C GROUP 10C Mike Valverde 38.88 2.62 41.70 5.78 3.52 3.17 5.06 7.951 0.82 29.11 67.99 543.91 87.43: 106.87 OFOR GROUP 10R AMan Valverde 38.88 282 41.70 5.78 3.52 3.17 5.05 7.96 0.82 29.11 67.99 543.91 87.43: 106.87 OG6 GROUP 6 38.06 2.82 40.88 5.66 3.52 3.11 5.D5 7.95 0.82 26.93 66:99 535.94 8&02 105.05 OG8 G OUP 8 38.17 282 40.99 568 3.52 3.12 5.05 7.95 0.82 2656 67.13 537.01 8621. 105.30 OG9 GROUP 9 Js Lewis 39.81 2.82 42.63 5.90 352 3.24 5.05 7.95 0.82 29.31 69.12 552.85 : 89171, 10. &93 SOFM GEN. FO San DI a - R. I 30.84 3.31 34.15 4.73 3.52 260 3.45 4.16 0.62 2239 53.23 425.83 6&65 84. TFC R e 5 . 0.40 2.60 .00 4.57 3. 2.51 5. .57 1. 29.31 59.71 477.69 74.97 90.11 TF7 !,FOREMAN (B.DGSt7() 28.40 2.60 31.00 4.29 3.52 236 5,00 9.57 1.54 26.68 57.28 45 &26 71A6 65:68 5 Teamster TRUCK DRIVER SPECIAL 28.94 2.60 31.54 4.37 3.52 2.40 5.00 9.57 1.54 29.00 57:94 463.511, 72.41 86.08 TTO Teamster TRUCK DRIVER 26.94 2. 29.54 4.09 3.52 225 5.0 9.57 1.54 28.57 5551 444.07 60.98 8245 co Rates Good Thmugh June 30 20M 7/P1Y006 J 0 0 G�w4 PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 13th day of November, 2007, 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. 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 Edward Valverde. 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, 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 0 • 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 parry hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing rates attached hereto as Exhibit "B" and incorporated herein by reference. 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. r. 0 0 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and/or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Edward Valverde 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. 3 6. 7 8. 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. 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 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. 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. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in a form acceptable to the City Attorney. The Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty. Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond, a certified copy of the "Certificate of Authority" of 5 0 0 the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 2 0 0 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. Accwtable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the 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. 7 0 0 4. Professional Errors and Omissions Insurance. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: L The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 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. 0 0 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of 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. 17. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon 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. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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 10 • ! 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. 24. ERRORS AND 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 26. 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. 27. 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 11 0 • All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Edward Valverde Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 Phone: 562 -906 -1826 Fax: 562- 906 -1918 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above 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. 29. 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. 30. 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. 12 0 0 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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. ---- Ck Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: ByVA/ti , 4.1&, LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation By: ` Steven Rosansky Mayor for the City of Newport Beach CONTRACTOR: VALVERDE CONSTRUCTION, INC. Bye - (Corporate Officer) Title: President Print Na :Edward Valverde By: _ W financial Officer) Title: Secretary Print Name: Ahron Valverde Attachments: On -Call Professional Services Agreement Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 0 F Construction, I.nc. C® Your Partner in Progress nAnni 4,3.0TH_ANNIVERSAR -Y__ -. - Commitment To Qua Joe Valverde, President In 1972, 1 formed Valverde Construction, Inc. and began operations as an underground construction contractor with the vision to provide excellent service built on experience. Our General Engineering, Pipeline and Utilities Divisions install all underground infrastructures, including sewers, waterlines, storm drains as well as vaults, conduit and cable lines. We proudly serve public agencies, major Southern California utility companies as well as private developers. Our commitment to quality, professional performance, along with an obligation to safety, has afforded us the privilege of being an approved contractor with select institutions and major general contractors. From the early stages of project involvement we develop details to assist in a project's value, quality, efficiency and safety. We are committed to continued improvement by applying new technologies and installation methods, and keeping service and safety to the community our goal. The original vision and �:. commitment to excellence � � continues to be realized. EV s , Construction, Inc. Serving California and the West. The Valverde Approach Demonstrating more than 30 Valverde' years of successful experience in General Engineering and Pipeline ° Utilities construction, the Valverde Company'team° is prepared and equipped to tackle a multitude of projects involving underground systems, utilities and `2 sub- structures. We are a team comprised of seasoned key personnel, experi- enced management and over $4 million of construction equipment Whether the `Valverde team" gets the job through competitive bid or repeat customer, our clients know we approach each job with a high level of preparation,.' enthusiasm, and professionalism. 4n 1 f = Building on the Future ;a y�i The company's ability to bond, i e insure and complete 6 t our work is strong `Ay evidence of our �y stability and commit- rr ment to continued _s growth. The Valverde �a A ' -t Company team stands proud and " r4 prepared for the ° f.1 �z opportunity to serve the people of 7, S California in building a better tomorrow. Our Oedicated Team Everyday our employees are asked to handle many differencjobsitua- tions from the straightforward to the very complex. They are continually challenged to exceed their past levels of job performance while transfer- ring winning experience from project to project. Our winning team consists of general laborers, foremen, equipment operators, field - operation support and equipment maintenance persons, superinten- dents, engineers, estimators and administrative staff we thoroughly pre- plan each and every project regardless of its size and complexity. y.1 W 4 t The Valverde Team S. a. CCIO 1101, ol rlur=:to r= 10 I've PptL ei Loft: Vallot" Imnagm ovakinte the on&oaes spod4wdora W a The Pow OTH_A.NNI V ERSARY.__ The dedicated employees of Valverde Construction come through our doors and bring with them a solid work ethic and a wealth of experience. Their support of the Valverde concept of teamwork and pride in producing a superior product fora fair price is what we have built our reputation on. Over the years we have established a network with suppliers, vendors, sales person- nel and managers who work with us and offer fair pricing and excellent service. Without our ability to work with each other, the Construction Industry would not be the great, industry it is today. 0 0 VALVERDE CONSTRUCTION, INC. General Engineering Contractors License No. 276469 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906 -1826 • FAX: (562) 906 -1918 EXHIBIT "B" October 22, 2007 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Ed Burt Re: Emergency Pipeline Repair Services Dear Mr. Burt: Valverde Construction Inc. would like to be added to your list of approved contractors for your emergency pipeline repair program. Attached is our current wage rate schedule and equipment rate schedule for your review. Please note that the wage rate schedule is good through June 30, 2008. If you have any questions or require further information, please contact me directly at (562) 906 -1826 or via electronic mail at edwardv@valverdeconst.com. Thank you for your consideration. I look forward to hearing from you. Sincerely, VALVERDE CONSTRUCTION, INC. Edward Valverde President Enclosure LABOR RATES 7/1407 Ratas Dow Thralgh June 30 202 101x2/2007 E EPIREE EMPER GEM WKRS MLTH REG OfT Orr BASE VAC PAY TAXES LUS OMP. INS. AND OTMER TOTAL COST OST COST PAY PAY RATE 13.85% INS 7.6156 ENSIO WEL FRINGE FRINGE RATE RATE RATE CARP CARPENTER 3551 321 38.72 5.36 352 2.95 1.61 3.95 0.74 21.34 56.85 74.60 92.38 CAS4 ter enttco 4 Leval 2].08 3.21 26.29 3.64 352 2.00 1.61 3.95 0.74 18.67 41.73 53.29 %249.6139.49 64.83 GAF Comont Masons 28.00 5.23 3323 4.60 3.52 2.53 4,50 4.99 1.86 77.23 55.23 69.23 83.23 LAPI LABORER APPRENTICE 1ST PERIOD 13.82 2.25 16.07 2.23 3.52 1.22 1.05 2.91 0.85 14.03 27.85 34.76 41.67 LAP2 LABORER APPREN=CE. 2ND PERIOD 1520 2.25 17.45 2.42 3.52 1.33 1.05 291 0.85 14.32 29.52 37.12 44.72 LAP3 LABORER APPRENTICE 3RD PERIOD 1658 2.25 18.83 2.61 352 1.43 1.05 291 OAS 14.62 31.20 39.49 47.78 LAP4 LABORER APPRENTICE 4TH PERIOD 19.34 2.25 2159 2.99 352 1.64 1.051 2.91 0.85 15.21 34.55 276.43 4422 53.89 LAP5 LABORER APPRENTICE STH PERIOD 2210 225 24.35 3.37 352 1.85 1.05 291 0.85 15.81 37.91 30324 48.96 60.01 LAPS LABORER APPRENTICE 6TH PERIOD 23.49 2.25 25.74 3.56 352 1.96 1.05 2.91 0.85 16.10 3959 316.75 51.34 63.08 LCF2 Laborer Foreman C2 a 27.02 3.21 30.23 4.19 3.52 2.30 5.25 4.16 0.91 23.54 50.56 404AS 64.07 LF1A laaora F*P-V' n+ "XAARREON 3278 3.21 3S.99 4.98 3.52 2.74 5.25 4.16 091 24.77 57.55 460.43 73.94 LGFt LaDOrM FOREt11AN 1 AVIV 25.59 3.21 28.80 3.99 352 2.19 5.25 4.16 091 23.23 4 &82 390.56 61.62 LGF3 FOREMAN 9 J.R. 61UN 35.03 3.21 38.24 5.30 3.52 291 5.25 4.16 0.91 25.26 60.29 482.29 77.80 LGi GEN. LABORER GROUP I 24.63 3.21 27.84 3.86 3.52 2.12 5.25 4.16 0.91 23.02 47.65 381.24 5997 471&L93 LG2 GEN. LABORER GROUP 2 25.18 3.21 28.39 3.93 3.52 2.16 5.25 4.18 0.91 23.14 48.32 386.58 60.91 LG2A GROUP 25. J.Wn mz 26.63 3.21 29.94 4.13 3.52 2.27 5.25 4.16 0.91 23.45 50.08 400.67 63.40 LG4 PIPELAYER GROUP 4 27.28 3.21 30A9 4.22 3.52 2.32 5.25 4.16 0.91 23.59 50.87 406.99 64.51 LG5 PIPELAYER GROUP 5 27.63 3.21 30.94 4.27 3.52 235 5.25 4.16 091 23.67 51.30 410.39 65.11 LN.G3 LABOR MINOR GROUP 3 29.82 140 3322 4.60 352 2.53 5.25 4.16 0.90 24.18 54.18 433.43 69.09 84.00 Oloc GROUP 10C tAlko VaNerdO 37.25 2.82 40.07 555 3.S2 3.05 4.55 7.80 0.87 28.16 65.41 523.27 84.03 102.66 OFOR GROUP 1011 Ahron Volvordo 37.25 2.82 40.07 5.55 3.52 3.05 4.55 7.80 0.07 28.16 65.41 523.27 84.03 10266 OG6 GROUPS 36.d3 2.82 39.25 5.44 3.52 299 4.55 7.80 0787 27.98 64.41 515.30 8263 100.84 OG9 GROUPS 36.54 2.82 39.36 5.45 352 3.00 4.55 7.80 0.87 28.01 80.55 516.37 82M 101.09 OGfl GROUP 9 J [.owls 3 &18 2.82 41.00 5.68 3.52 3.12 4.55 7.80 0.87 2 &36 66.54 532.31 85.63 104.72 SOFIA GEN. OR Son Dlc o • R.R a1 30.84 3.31 34.15 4.73 3.52 2.60 3A5 4.18 0.62 2239 53.23 025.8] 68.65 64.07 1'FC OR 1 Ya aShIA 2 3700 4.43 3.52 2.44 4.90 &82 1. 28.15 57.55 460.]8 7225 86.95 t FOREMAN 8.00SEK 27.40 2.60 30.00 4.16 3.52 2.28 4.90 8.82 1.44 27-12 55.12 440.90 69.82 82.52 TTO Teamstor TRUCK DRIVER 2594 2.60 2&54 3.931 3.521 2.171 4.9 &82 1 1.441 27.401 53.341 426.761 66.311 79.28 Ratas Dow Thralgh June 30 202 101x2/2007 E Valverde Construction, Inc. • Equipment Rates Jan 2007 UNIT# EQUIPMENT DESCRIPTION VALVERU Jan -07 AB ARROWBOARDS Rate ABOO14 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0015 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0016 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO17 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0018 WANCO SOLAR ARROWBOARD 9.38 PER HOUR A80019 WANCO SOLAR ARROWBOARD 9.38 PER HOUR AB0020 NATIONAL SIGNAL MESSAGE BOARD 9.001 PER HOUR AB0021 NATIONAL SIGNAL MESSAGE BOARD 9.00 PER HOUR AB0022 NATIONAL SIGNAL MESSAGE BOARD 9.00 PER HOUR AB0023 NATIONAL SIGNAL MESSAGE BOARD 9.00 PER HOUR BH BACKHOES BH0018 CATERPILLAR 416C BACKHOE 29.38 PER HOUR BH0019 CASE 590L BACKHOE 31.25 PER HOUR BH0020 CAT BACKHOE 430D 22.00 PER HOUR BH0021 CAT BACKHOE 4468 47.00 PER HOUR BH0022 CAT BACKHOE 4466 47.001 PER HOUR BH0023 CAT BACKHOE 4468 47.001 PER HOUR BH0024 CAT BACKHOE 446B 47.00 PER HOUR BH0025 CAT BACKHOE 420D 32.00 PER HOUR BH0026 CASE 5908 BACKHOE 35.70 PER HOUR UP COMPRESSORS CP0001 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0002 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0003 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0004 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0005 CompAir Q175 COMPRESSOR 14.001 PER HOUR CP0006 CompAir Q175 COMPRESSOR 14.001 PER HOUR CP0007 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0008 CompAir Q175 COMPRESSOR 14.00 PER HOUR CP0009 CompAir Q175 COMPRESSOR 14.00 PER HOUR 6P00 00 CompAir Q175 COMPRESSOR 14.00 PER HOUR FL FORKLIFTS FL0004 CAT DP40K -D 27.00 PER HOUR LID LOADERS LD0006 JOHN DEERE 544H LOADER 55.00 PER HOUR LD0008 JOHN DEERE 444H LOADER 50.001 PER HOUR LD0009 CASE 570 LXT 4WD LOADER 18.13 PER HOUR LT LIGHT TOWERS L D001 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0002 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0003 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0004 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0005 ALLMAND NL PRO 1125 PER HOUR PU PUMPS P00002 GRIFFIN 6" TRASH PUMP 22.00 PER HOUR P00003 PT3A 3" 15.63 PER HOUR P00004 MULTIQUIP QP -40TH 4' 15.63 PER HOUR P00005 GRIFFIN 8" DIESEL PUMP 20.00 PER HOUR PO0006 HYPRO 3/4" 521OC -R TEST PUMP 15.63 PER HOUR P00007 HYPRO 3/4" 5210C -R TEST PUMP 15.63 PER HOUR RO ROLLERS/COMPACTION WHEELS RO0001 CATERPILLAR CB224C ROLLER 27.50 PER HOUR RO0002 CATERPILLAR 214C ROLLER 27.501 PER HOUR RO0003 54" I/ R SD40FD COMPACTION WHEEL 1 12-601 PER HOUR Plus 15% mark up c- 39gq �3g /J a 2oo-7) CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 5 November 13, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 644 -3411 or smyrter(cy_ci newport- beach.ca.us SUBJECT: APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH W. A. RASIC AND VALVERDE CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS RECOMMENDATION: Approve Professional Services Agreements with W. A. Rasic Company and Valverde Construction, Inc. for on -call emergency underground utility repairs, and authorize the Mayor and City Clerk to execute the Agreements. DISCUSSION: Background: A request for qualifications for on -call services was requested of W. A. Rasic Company and Valverde Construction, Inc. Due to the nature of an emergency requiring immediate repair work, staff is recommending approval of an on -call agreement with W. A. Rasic Company and Valverde Construction, Inc. to provide "as needed" emergency underground repair services. Services will be performed and billed on a time and material basis, based on the rate sheet shown in Exhibit B. These Agreements will formalize on -call emergency services with both companies and lock prices through June 30, 2008. 1) W. A. Rasic Company is a recognized and well - established underground utility installations contractor. W. A. Rasic Company has experience ranging from constructing municipal water district connections to laying 40,000 If of pipe for the San Bernardino Mountain Pipeline Project., W. A. Rasic has over 29 years of experience. Staff recommends retaining this company to perform these on -call services. • Emergency Underground Utility Repairs Approval Professional Services Agreements November 13, 2007 Page 2 2) Valverde Construction, Inc. is also a recognized and well -established underground construction contractor installing all underground infrastructures, including sewers, waterlines, storm drains as well as vaults, conduit and cable lines. Valverde Construction has over 30 years experience. Staff recommends retaining this company to perform these on -call services. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability: Funding is available in various Maintenance and Operations Water, Wastewater and General Funds (General Services) accounts. Periodically, a Capital Improvement Account will be utilized, as necessary, to facilitate project expediency. Expenditures of more than $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: Wes` Cindy Ash r Administrative Manager Submitted by: Steve My er, Utilities irector Attachments: Agreement with W. A. Rasic Company Agreement with Valverde Construction, Inc. • 0 PROFESSIONAL SERVICES AGREEMENT WITH W.A. RASIC CONSTRUCTION FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS. AGREEMENT is made and entered into as of this 13th day of November, 2007, by and Between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and W. A. RASIC CONSTRUCTION COMPANY, INC., a California corporation whose address is 7314 Scout Avenue, Bell Gardens, California, 90201 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to 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 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 David Lee. 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, 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: • • (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONTRACTOR City shall pay Contractor for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing rates attached hereto as Exhibit "B" and incorporated herein by reference. 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 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 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 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Steve Myrter shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Contractor will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Contractor and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 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 i 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. , BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in a form acceptable to the City Attorney. The Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Kev Rating Guide: Property - Casualty Contractor shall deliver, concurrently with execution of this Agreement, the Labor and Materials Payment Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 0 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. I 0 0 B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 1. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the 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 7 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. 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. 9 0 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of 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. 17. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon 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. 19. 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 E 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. 20. 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. 21. 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 Contractors drawings and specifications provided under this Agreement. 22. 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. 23. 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 10 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. 24. 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 26. 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. 27. 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 11 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: W. A. Rasic Construction 7314 Scout Avenue Bell Gardens, CA 90201 Phone: 562- 928 -6111 Fax: 562 - 928 -7339 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above 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. 29. 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. 30. 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. 12 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: oti_. —= Aaron . Harp, Assistant City Attorney for the City of Newport Beach ATTEST• By: LaVonne Harkless, City Cleric CITY OF NEWPORT BEACH A Municipal Corporation By: Steven Rosansky Mayor for the City of Newport Beach CONTRACTOR: (Corporate Officer) Print Name: By: (Financial Officer) Print Name: Attachments: On -Call Professional Services Agreement Exhibit A, Statement of Qualifications Exhibit B – Schedule of Billing Rates 1d I, mss'. llu A�e Aa rr • yy , tl 7f wj T n �NA Al wj T n �NA Advid Ae 7W Vera >'ins sluike, evert' AzIfivuq r`i.nn4' a.sA even/ Smile - feoyle ov ke a kifferawx_ Ultimately, the value of this company is found in its highly- trained, experienced, intuitive people. WA. Rasic Construction's success is based on long -term relationships with our employees and our clients. Our Union workforce —many of them original 1978 hires — share a unified get -it- done -right ethic and are dedicated to total client satisfaction. Keeping eyes open for solutions. Taking pride in safety, security and achievement. ad . torte -o f tf.e -xrt egtrippnent — Our leading edge equipment is always ready on a moment's notice. The entire WA. Rasic Construction - owned fleet is routinely maintained and updated. • Heavy -duty service trucks all equipped with diesel tanks, welders, generators, compressors and air tools Daily maintenance of equipment by our in -house mechanics ensuring maximum project performance Wireless connections between project Field Managers and the W.A. Rasic Construction office ensure instant communications r j\ I I Mau ntxipt Pipeline: How do you conquer a mountain to lay 40,000 If of pipe? Construction.Our along team complete this project. Starting at an elevation of 5,000 feet, we made a connection to two existing water supply tunnels in this very environmentally sensitive, remote location. We also weathered one of California's hardest rain seasons ever, building and re-building 2.75 miles of roadway to facilitate _ya • 61i` • w • Ilk IS m o � . i, .; F• ti 'tiZO ,�, \qty Q X11 V '• \St�' `�j''i�ti �ii?� •,�. � ` � . ' � _rl �..r Vii.• -.ON I�Z,'M'vy .• YF � a p .a. d•'`�• °l 1,�.%a;•C:x CCU C,jjrj�,ti..f.<j�I r ~n' .�t, a •'� `! � �.�. � ��. � V� v �� !gyp}`( {�^ � ''ww• i�..6..� Y �.� i' w° N /I'U w !° T i AYR ^ �'.��_. '�i.•.t -q,. 4fat1iZg4V*faif ts, LA•Coy ti.ty Papxrts'tey1,to f'PNblic works: Heavy fog, narrow streets, numerous utility crossings, all in an area known to have massive flooding problems and installed during one of the wettest winters in history. And those were the easy days. This $4 million project includes areas with contaminated soils and signficant traffic impacts to the area residents. Persevering, W.A. Rasic Construction installed 15,500 If of 18- to 60 -inch reinforced concrete pipe, 91 catch basins, 43 manholes, two channel outlet structures and 80 If of a 60 -inch tunnel to facilitate pipe installations underneath the operational Santa Fe- Pacific Railroad. With excavation between 10 to 20 feet deep, the entire pipeline alignment is in asphalt streets through city neighborhoods. 1 a ° •i Ir I y0 u' 1 1 a ° •i Ir I y0 astern.MunicipAtwi terPi5t'rict: Howdoyou lay 48-inch welded steel pipe in lengths of 50 -foot sections that weigh in excess of 25,000 lbs. per joint without the access or room to accommodate a crane? Easy. Have W.A. Rasic Construction bring in their Komatsu PC1000 Mass Excavator, which weighs in excess of 225,000 lbs. and has a bucket capacity to fill a large dump truck in one cycle. Due to the enormous size of the Komatsu PC1000 Excavator, it was used not only to excavate the trench but also to lift and lay each joint of pipe at depths ranging from 12 feet to 30 feet deep. In addition, due to the tight schedule for project completion, W.A. Rasic Construction engineered, cut and fabricated all the fittings and outlets for the entire 3.6 mile pipeline. The W.A. Ra' is Construction team installed over 19,000 If of 48 -Inch pipe on this $8 million project. October 15, 2007 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Ed Burt Reference: Time and Material hates Dear Mr. Burt, 0 EXHIBff? The attached time and material rates are good through June 30, 2008. Vera' Wy yon, Matt t3rimaldi W. A. Rasic Construction 7814 Scout Avenue Bell Gardens,. Calla 90101' ,.462 -926-6111 phone 562-926 -7339 faX www.warasio.00m std con'fr649 license #A3667$1 IV A.WHASiCCRU Tt OY I - i aa. i • �' COST PLUS RATES EFFECTIVE JULY 2007 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based actual classification. 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 Rook, 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 no include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals pncluding fuel costs), will be,�k,( tilB'i W. overtime Rates: Alt tours outside regularly constituted shift shall be ti Engineers -first four (4) hours outside regular shift, and first twelve (1�J,�d. :. which are at triple time. Subsistence: Superintendent- $75- 00IDay, General Fore l ay, All other i. . r applicable l Travel Time: Billing time will start once the employee cto end upon the 44m to the Comp USA Notification: Client is responsible for NOTE: All wage scales presented herein are classifications are available upon request. IA) notification am emergency RA notice. Thisfdowmerit does 15 %. au,..r. WAlili;-, in clude all - t;lassifica6ons :: labx 7314 Scout Avenue Bell Garden la A 62.928 -6111 phgtle 562-928-7339 fax www•warasic m c s license #A3681 :. CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE TIME CRAFTSMAMICLASS CODE TIME TIME 77ME CRAFTSMAN/CLASS CODE TIME TIME OPERATAVIS ENGINEERS CARPENTERS CAGF 77.90 109.41 140.93 General Foreman, Appdx. A OEGF 85.09 116 -83 148.16 General Foreman CAFM 74.68 104.64 134.60 Foreman, Appdx. A OEFM 81.87 111.85 141.83 Foreman CAJM 69.85 97A8 125.10 Group 1, Appdx. A -Oiler OEG1 74.50 100.68 126.86 Journeyman Apprentice - 8th Period (90 %) GAAS 64.14 89.00 113.86 8, Appdx: A _ Oiler 136-00 Group iversal OE08 79.5 107.8 Group 10, Appdx. A - Mechanic MGM 79.35 107.86 136.38 Group 8, Appdx. B -Crane to 25 Tons OEBS 79.62 108.27 136 -92 Group 9, Appdx. B - Crane 25 -50 Tons OEB9 79.89 108.67 137.46 CEMENT MASONS Apprentice, GR 8, Appdx A - 6th (90 %) OFAB 73.28 98.66 124.44 Foreman CMFM 70.55 93.89 117.23 Journeyman Commercial CMJC 67.32 89.10 110.88 Journeyman Light Commercial CMJI- 60.98 81.23 101.49 F &T Machine Operator CMFT 67.73 89.70 111.68 Apprentice - 8th 6 Mos. (90 %) CMA8 62.80 82.40 102.00 PROJECT MANAGEMENT pMPM 119.56 168.23 216.91 Project Manager PMSP 99.05 137.13 175.21 Superintendent Project Engineer PMPE 78.46 110.41 142.36 LABORERS General Foreman IAGF 65.83 89.19 112.55 Foreman LAW 64.23 86.81 109.39 Group i - General LAW 57.15 76.31 95.47 TEAMSTERS TDFM 66.74 88.08 109.43 Group 2 -Chute Man LAG2 58.04 77,62 97.21 Foreman TDG2 83.75 83.65 103.56 Group 3 - Pipeline Backup Man LAG3 8.92 78.93 98.95 GR 2 - 2 Axle TDG3 64,01 84.04 104.07 Group 4 - Pipe Layer, C &S IAG4 61.41 82.63 103.85 GR 3.3 Axle TDG5 64.31 84,49 104.67 Group 5 - Blaster I Driller LAGS 61.97 83 -47 104.96 GR 5 - Working Truck Driver TDG6 64.36 84.56 104.77 Apprentice - 6th Period (85 %) LAA6 48-40 66.67 84.94 GR 6 - 4 or More Axle TDA3 50.54 64.16 77.77 Subjoumeyman- 4001$000 Hrs. Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based actual classification. 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 Rook, 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 no include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals pncluding fuel costs), will be,�k,( tilB'i W. overtime Rates: Alt tours outside regularly constituted shift shall be ti Engineers -first four (4) hours outside regular shift, and first twelve (1�J,�d. :. which are at triple time. Subsistence: Superintendent- $75- 00IDay, General Fore l ay, All other i. . r applicable l Travel Time: Billing time will start once the employee cto end upon the 44m to the Comp USA Notification: Client is responsible for NOTE: All wage scales presented herein are classifications are available upon request. IA) notification am emergency RA notice. Thisfdowmerit does 15 %. au,..r. WAlili;-, in clude all - t;lassifica6ons :: labx 7314 Scout Avenue Bell Garden la A 62.928 -6111 phgtle 562-928-7339 fax www•warasic m c s license #A3681 :. NRS 19. A.T ION a �• M i Equipment Rates Rates Effective July 2007 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 18.00 Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Emulsion Pot Sprayer $ 18.00 CAT Skid Steer Loader w/ Pavement Grinder & Broom Attachment $ 175.00 Vibratory Asphalt Roller - 3 - 5 Ton $ 25.00 Vibratory Asphalt Roller - 8 Ton $ 40.00 Vibratory Asphalt Roller - 10 Ton $ 50.00 Vibratory Plate 24" Daily rate $ 100.00 Walk Behind Roller 26" Width $ 24.00 BACKHOES HOURLY RATE Case 580 Super M 4X4 $ 38.00 Case 590 Super M 4X4 $ 42.00 CAT 416 B & C $ 36.00 CAT 420 D 4x4 $ 38.00 CAT 430 4x4 $ 39.00 John Deere 310 D & E $ 36.00 John Deere 310 4x4 Turbo $ 38.00 John Deere 310 SE $ 38.00 John Deere 410 E $ 40.00 Compaction Wheel 12" or 18" Wide (for JD 310 or CAT 416 backhoe) Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) Compaction Wheel 36" Wide (for JD 200 or JD 892 excavator) Vibratory Soil Plate Compactor 18" Wide (for CAT Vibratory Soil Compactor Sheep Foot 33" Vibratory Soil Compactor w/ Single S i Wacker (JllmDino Jack) - ..;-: r .,,•...'� (Revised July 2007) 7314 Scout Avenue Bell $ 6.00 $ 9.00 12.00 .. ev 962-9 2 &7339 fax x° e: Page 1-of 5 www.warasic3itom Is 2- 92"111 ph co s license #A36. :tl:� t:t -�1�:• :fir. - °� $ 6.00 $ 9.00 12.00 .. ev 962-9 2 &7339 fax x° e: Page 1-of 5 www.warasic3itom 0 Equipment Rates Rates Effective July 2007 0 Hitachi EX 100 Super (23,600 LBS) $ 55.00 John Deere 200 LC (46,800 LBS) $ 95.00 John Deere 892 D LC (67,050 LBS) $ 117.00 John Deere EX 450 (102,000 LBS) $ 242.00 CAT 320 B (46,300 LBS) $ 95.00 CAT 320 CLU (51,750 LBS) $ 120.00 CAT 325 CL (64,460 LBS) $ 140.00 CAT 330 DL (79,700 LBS) $ 180.00 CAT 245 ME (120,000 LBS) $ 215.00 Komatsu PC 1000LC (222,130 LBS) $ 360.00 LOADERS HOURLY RATE CAT Skid Steer Loader $ 30.00 CAT 950 H (44,435 LBS) $ 92.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 624 E (29,035 LBS) $ 68.00 John Deere 644 E. (38,800 LBS) $ 76.00 Kawasaki Z80 (36,000 LBS) $ 87.00 Kawasaki ZV90 51,320 LBS $ 118.00 / Sweeper - Self Propelled to Saw - Walk Behind 2,600 LB 15,000 LB & 16,500 LB itor 5 KW dor 25 KW itor 65 & 70 KW Cart aulic Breaker 1000 LB (for CAT 416 B PO aulic Breaker 4000 LB (for CAT 3,2 .: -i Tower (4 Lamp) en Read RD 40 (Revised July 2007) Mule or $ 30.00 $ 55.00 $ 15.00 $ 40.00 $ 10.00 $ 35.00 $ 50.00 73.00 s .y b Page 2i ©f 5 Equipment Rates Rates Effective July 2007 Accu -Punch Bore Mole (2" diameter) Accu -Punch Bore Mole (5 3/4 "" diameter) Cable Puller (Electric) Chipping gun / Rivet Buster w/ attachments Concrete Mixer Concrete Vibrator Cut-off Saw / Chain Saw / Skill Saw Duct Rodder - 1000' Fan 30" Pedestal Type Fuel Tank 1000 Gallon - Double Containment Fusion Machine For HDPE - 4" Diameter max Gas / Oxygen Monitor Holiday T -Lock Tester Hydrostatic Test Pump - 5 HP Hydrostatic Test Pump - 8 HP HyTorc - Hydraulic Machine Impact Wrench 1" Drive (Air Driven) Jackhammer 70 LB Electric Laser - Pipe & Slope Type Light Stand Manhole Blower Office Trailer 12'x 32' Office Trailer 12'x 60' Pipe Tongs (Up to 24 ") Pressure Washer Rotary Hammer / Drill Sand Blaster Storage Container 8'x 20' Tapping Machine (Up To 2 ") Tripod w/ Harness Water pump 2" w/ Suction Hose & 100 LF0-. Water pump 3"w/ Suction Hose & 1. �f Water pump 4" w/ Suction Hose F of Water numo 6" w/ Suction Ho a k 0 -W of l.• (Revised July 2007) 41 $ 150.00 $ 400:00 $ 50.00 $ 70.00 $ 90.00 $ 100.00 $ 60.00 $ 100.00 $ 60.00 $ 52.00 $ 180.00 $ 100.00 $ 50.00 $ 80.00 $ 125.00 $ 300.00 $ 30.00 $ 75.00 $ 75.00 $ 15.00 $ 40.00 $ 40.00 $ 70.00 $ 15.00 $ 50.00 $ 70.00 $ 175.00 $ 10.00 -, F }. Page 5 r J:. F }. Page 5 0 0 Equipment Rates Rates Effective July 2007 Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") Daily rate $ 27.00 Hydraulic Shoring Jack wl 5' rails (28" to 46 ") Daily rate $ 28.00 Hydraulic Shoring Jack w/ 7' rails (28" to 4611) Daily rate $ 29.00 Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Daily rate $ 36.00 Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Daily rate $ 75.00 Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Daily rate $ 100.00 Plywood 4'x 8' Sheet 1 1 /8" Thick Daily rate $ 8.00 Timbers 4" x 12" x 10' or 3" x 12" x 10' Daily rate $ 8.00 Wide Flange Steel Beams (Various sizes) Monthly rate/Ton $ 250.00 Arrow board $ 15.00 Barricade / Delineator / Traffic Cone Daily rate $ 1.00 Barricade w/ Flasher Daily rate $ 2.00 Chain Link Fence Panel 6'x10' Daily rate $ 6.00 Crash Barrels (various sizes) Daily rate $ 4.00 K -Rail 20' length Daily rate $ 7.00 Message Board Dump Truck Super 10 $ 25.00 Traffic plate 5' x 8' & 6' x 10" Daily rate $ 7.00 Traffic plate V x 10' Daily rate $ 8.00 Traffic plate 8'x 15'& 8'x 20' Daily rate $ 15.00 Rumble / Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide 144" depth) $ 350.00 TRUCKS & TRAILERS Dump Truck Bobtail / Flat Bed`, Dump Truck Bobtail Paving F'- Dump Truck End Dump Dump Truck Ten Wheel =;`; s $ 33.00 Dump Truck Super 10 ;:. - $ 37.00 Equipment Trailer -.Tool H c 4,20({ap $ ,Equipment Trailer - Ash r T "} $ • . (Revised July 2007) Page 441' 5 9 Equipment Rates Rates Effective July 2007 0 Equipment Trailer - 20, 000 lb cap $ 10.00 Equipment Trailer - 40, 000 lb cap $ 15.00 Low Bed Haul Truck & Trailer $ 70.00 Pick -up. Truck / SUV / Van $ 15.00 Pick-up Truck 4x4 (Off Road Only) $ 7.00 Ramp Truck (Backhoe Hauler) $ 25.00 Service Truck $ 22,00 Stakebed Truck $ 20.00 Utility Truck / Concrete Form Truck $ 20.00 Water Trailer- 500 Gallon $ 8.00 Water Truck 1500 Gallon $ 27.00 Water Truck 2000 Gallon $ 30.00 Water Truck 2500 Gallon $ 32.00 Band Saw - Portable 4" x 4" max cut $ 10.00 Band Saw 6" x 12" max cut $ 15.00 Plasma Cutter $ 20.00 Tig Machine 300 AMP $ 15.00 Tool Package - Group 1 (stainless steel fabrication) Daily rate $ 185.00 Weld / Fabrication Portable Shop - Container Daily rate $ 20.00 Welder 200 AMP $ 15.00 (Revised July 2007) SY; . hzp}q�E:.� 7k ^F?� H' w/ -i �y e % . s, 'i LA; at Page IF 5 f' LA; at Page IF 5 0 • PROFESSIONAL SERVICES AGREEMENT WITH VALVERDE CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 13th day of November, 2007, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and VALVERDE CONSTRUCTION, INC., a Califomia corporation whose address is 10918 Shoemaker Avenue, Santa Fe Springs, California, 90670 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City 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 Edward Valverde. 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, 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 0 0 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 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 CONTRACTOR City shall pay Contractor for the services on a time and expense not -to- exceed basis, in accordance with the provisions of this Section and the Schedule of Billing rates attached hereto as Exhibit "B" and incorporated herein by reference. 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 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractors 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 Edward Valverde 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. 3 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. Steve Myrter shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Contractor will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Contractor and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. n 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. BONDING Contractor shall obtain, provide and maintain at its own expense during the term of this Contract: a Labor and Materials Payment Bond in a form acceptable to the City Attorney. The Labor and Materials Payment Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Kev Ratina Guide: Property - Casualty. Contractor shall deliver, concurrently with execration of this Agreement, the Labor and Materials Payment Bond, a certified copy of the "Certificate of Authority" of 5 0 0 the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the Sate of California. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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 U. 0 0 City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. 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. 7 0 0 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: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self - insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. 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. T E 0 16. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate, member or cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of 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. 17. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 18. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City. shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon 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. 19. 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 i 0 0 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. 20. 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. 21. 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. 22. 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. 23. 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 10 i • 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. 24. 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. 25. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 26. 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. 27. 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 11 9 0 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: Edward Valverde Valverde Construction, Inc. 10918 Shoemaker Avenue Santa Fe Springs, CA 90670 Phone: 562- 906 -1826 Fax: 562- 906 -1918 28. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or. if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above 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. 29. 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. 30. 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. 12 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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. 37. 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 0 0 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By; :�= C —L 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 Steven Rosansky Mayor for the City of Newport Beach CONTRACTOR: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: On -Call Professional Services Agreement Exhibit A – Statement of Qualifications Exhibit B – Schedule of Billing Rates 14 ,.a �,.,w • .Kd1-1t M A 8 1- L 61� IJ •fjs ..i y 4yt w ° a ....fist e ,_i d. Irn. .y '_� y �i Ty � � I� .�y� D • } ° ♦vf ti. P d � �, v �L.E P :' � �`'4•, � pA f• 1., o r �r � 6 l� p ♦.+.2 .t `� .. c 1 �` x � - tic w � u: �.�E X .'" y 7 •.,9'��s..'.•.,j'� f r. •� 4 1ol G fj �` c ` { ii a 5 ✓ (A1 {'�1'7 w / t+ r���.war �9� %�fieJ17 °� �t;?.niat lii,*,rc�. ,1/ ( �� � � � b'� •c �ln.� ��'! �nry !�. masse �r°'_,c. e �^ m iY ♦-. ° x3�L,JK 'i I +�- 'v t'a�t l•}f�T,�d'i V. S n.a- •- si.,,'a�— ,.l„•Jtfy^"'>: ...rV.�t I � � y��4� �lV�([��$'i'� 7 .b".�'°^�i7g[�d, r �.. Y.•abT�� •`✓I �,i d f �i'� i � e... s'•rc�.,r.� 4s;:y " � /•zf : c may- U(({ R� ` h•�� SA e, f^ y;j�,�r-� h a iKT' �� r ���'� _ f i Y ;}.4r �. Sd 1a � K" S���`�.y"'I° ... :�% �'i°� 'r!Sk'Y' u � ,�'�.�%.� `' C �i rip ti,L -�II� � 4�1 •��Y�"tt�^�tQ re (Vi - -� eE �`�✓'2� � 'iAr; iA `� , v""a..Y. `vim: �.s^ V. �r�`��ac�.�ci•'i' e v``'l`•�e� J �`�'1� 1 z ay','� - ,, r ... ,J( F''t� n e k* C� .� � wT�°`gn�+g��' � �C?'�ri ,..�►''�e. g.3: r n y:�tr.. rG( �,� ?!i +3�•�d 1 3v� � 3y. G� }e �$ai.. <�Fe /- 0g��2�'., ,^ Sri - <Jy,�� t ck �, ••i� � '� �'SY '4• pp yid �Ja1: JF-'A�•• 6." ..r.�, il. l((�PIIn� TAG e/ �r i=,,• �••� t . 1 �, 1f' /, >�lr1i�. 'd �i3 infer. ,.S ~S:+�Ty r, °• =�e G Your Partner in Progress Commitment To Qualit�r Joe Valverde, President In 1972,1 formed Valverde Construction, Inc. and began operations as an underground construction contractor with the vision to provide excellent service built on experience. Our General Engineering, Pipeline and Utilities Divisions install all underground infrastructures, including sewers, waterlines, storm drains as well as vaults, conduit and cable lines. UVe proudly serve public agencies, major Southern California "utility companies as Weil as private developers. Our commitment to quality, professional performance, along with an obligation to safety; has afforded us the privilege of being an approved contractor with select institutions and major general contractors. From the Wri early stages of project involvement we develop details to assist'in a project's value, quality, efficiency and safety. . We are committed to continued improvement by applying new technologies and installation methods, and keeping service and safety to the community our _ •'•�• %' �'�°� �� goal: The original vision and •. `�'�� commitment to excellence ' �•, 1 �-- coniinues to be realized. Construction,'Inc. Serving California and the West. 9 c f� ii• `mss: 1 i.�..r:.�py4'tjrr;y.. •��... Wit' JM v .s M e L. '1 N • L t a �L IT I- i1'l�Q �Yl`_�n�oZ 0a Left: Working in the Port Angeles, Mah erde crews I 36" storrndrain lines. For thirty years, Valverde Construction has been committed to general engineering construction excellence. We take pride in our history of service to the California public utility construction industry. Leh: Working in the Port of Los ' Angeles, Valverde cro sinstall 360 stormdraln lines. OnA� a``� 't.F e � lf� „� t .w r •+ Left: Working in the Port Angeles, Mah erde crews I 36" storrndrain lines. For thirty years, Valverde Construction has been committed to general engineering construction excellence. We take pride in our history of service to the California public utility construction industry. Leh: Working in the Port of Los ' Angeles, Valverde cro sinstall 360 stormdraln lines. eg r 1� y 4 b ;Y pf' ! , ma h ., p� � � �,n7 G1 1- t l � } 't� •.r.P w t, ;r '• r� �Z .i :.1 �� 1 �.1. .Jd ' sk , a Y , y � K J tl 1 ' n�f � � �it 4 � �� -c �� • _ � c Yn �� (�'Sc w; R1i+' t e 4 7 r t6d1 s t Y6 9� � � .'i1 • Y4$j�r. Y Y vT �i( i 9 e I ' ' .... ... .. _-.� ., .: -w.' ::,i -.;.r :5:.. -. �..e♦ - ...,.tee. —,: ♦:ra .. t' VFAC } yy� m L- } I_ ... ,4J e.. c' The Power of Experience R 1 The dedicated employees of Valverde Construction come through our doors and bring with them a solid work ethic and a wealth of experience. Their support of the Valverde concept of teamwork and ' pride in producing a superior product for a fair price is what we have built our reputation on. over the years we have r established a network with - rC suppliers, vendors, salesperson -' ' nel•and managers who work ' +` with us and offer fair pricing and excellent.service. Without -our ability to work with each °s `p other, the Construction Industry would not be the°great industry it is today, L- } I_ • VALVERDE CONSTRUCTION, INC. General Es hwringContractors Mum Nm 10918 SHOEMAKER AVE. SANTA FE SPRINGS, CA 90670 (562) 906.1826 • FAX: (562) 906 -1918 October 22, 2007 City of Newport Beach 3300 Newport Blvd. P.O. Box 1768 Newport Beach, CA 92658 -8915 Attn: Mr. Ed Burt Re: Emergency Pipeline Repair Services Dear Mr. Burt: Valverde Construction Inc. would like to be added to your fist of approved contractors for your emergency pipeline repair program. . Attached is our current wage rate. schedule and equipment rate schedule for your review. Please note that the wage rate schedule is good through June 30, 2008. If you have any questions or require further information, please contact me directly at (562) 906 -1826 or via electronic mail at edwardv@vatverdeconst.com. Thank you for your consideration. I look forward to hearing from you. Sincerely, VALVERDE CONSTRUCTION, INC. / Edward Valverde President Enclosure LABOR RATES 717107 somr2w Rotas Good TNUMh Jwo 30 2008 E Valverde Construction, Inc.• • Equipment Rates Jan 2007 UNIT# EQUIP MENTDESCRIPTION IVALVERD Jan-07 AB ARROWBO DS Rate A80014 WANCO SOLAR AW OWBOARD 9.38 PER HOUR A60015 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO16 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO17 WANCO SOLAR ARROWBQARD 9.38 PER HOUR ABOO18 WANCO SOLAR ARROWBOARD 9.38 PER HOUR ABOO19 WANCO SOLAR ARROWBOARD 9.38 PER HOUR A80020 NATIONAL SIGNAL MESSAGE BOARD 9.001 PER HOUR AB0021 NATIONAL SIGNAL MESSAGE BOARD 9.00 PER HOUR A80022 NA 1 9-001 PER HOUR AS0023 NATIONAL SIGNAL MESSAGE BOARD BH CKHOES 1 9-001 PER HOUR 81-10018 CATERPILLAR 4160 BACKHOE 1 29.381 PER HOUR BHOO19 CASE 590L BACKHOE 31.25 PER HOUR SHOO20 CAT 13ACKHOE 430D 22.00 PER HOUR SHOO21 CAT BACKHOE 4466 47.00 PER HOUR BHOO22 CAT BACKHOE 4466 47.00 PER HOUR BHOO23 CAT BACKHOE 4466 47.00 PER HOUR BHOO24 CAT BACKHOE 4468 47.00 PER HOUR BHOO25 CAT BACKHOE 4200 32.00 PER HOUR BHOO26 CASE 590S BACKHOE 35.70 PER HOUR CP C 0RS CP0001 Com 'r Q175 COMPRESSOR 14.00 PER HOUR CP0002 Co r Q175 COMPRESSOR 14.00 PER HOUR CP0003 Com 'r 0175 COMPRESSOR 14.00 PER HOUR CP0004 Com 'r Q175 COMPRESSOR 14.00 PER HOUR CP0005 Com Air Q175 COMPRESSOR 14.00 PER HOUR CP0006 Com 'r Q175 COMPRESSOR 14.00 PER HOUR CP0007 Com Air Q175 COMPRESSOR 14.001 PER HOUR CP0008 Com 'r 0175 COMPRESS R 14.001 PER HOUR CP0009 Cam Air Q175 COMPRESSOR 14.001 PER HOUR CP0010 Com 'r Q175 COMPRESSOR 14.00 PMHOUR FL FORK FTS FL0004 CAT DP40K -D LD LOADERS 27.00 P LD0006 JOHN DEERE 544H LOADER 55.00 P LD0008 JOHN DEERE 444H LOADER 50.00 P LD0009 CASE 570 LXT 4WD LOADER 18.13 P LT LIGHT TOWE S LT0001 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0002 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR L 0003 ALLMAND NLPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0004 ALLMAND NIPKFMXZ LIGHT TOWER 11.25 PER HOUR LT0005 ALLMAND NL PRO 11.25 PER HOUR PU PUMPS P00002 GRIFFIN 9' TRASH PUMP 22.00 PER HOUR 00003 PT3A 3" 15.63 PER HOUR PUOD04 MULTIQUIP QP 40TH 4' 1&631 PER HOUR P00005 GRIFFIN 8" DIESEL PUMP 1 20.001 PER HOUR P00006 H PRO 314" 5210C -R TEST PUMP 15.631 PER HOUR P00007 HYPRO 314" 5210C -R TEST PUMP 15.63 PER HOUR RO ROLLERS /COMPACTION WHEELS R00001 CATERPILLAR C8224U ROLLER 27.50 PER HOUR R00002 CATERPILLAR 214C ROLLER 27.50 PER HOUR R00003 54" U R SD40FD COMPACTION WHEEL. „ 12.50 PER HOUR Plus 15% mark up