Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
C-3994 - PSA for On-Call Emergency Underground Utility Repairs
0_39�4 AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. FOR EMERGENCY UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11th day of August, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY "), and W. A. RASIC 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. On November 13, 2007, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT', for Emergency Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the AGREEMENT, dated June 24, 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 on -call underground utility repair services in various locations throughout the City pursuant to this Amendment No. 2 and according to the Request to Extend Professional Services Agreement dated June 16, 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: M ette . B up, Assistant City AtVey ATTEST: By: Am-�' P � Leilani Brown, City Clerk CITY OF EWPORT E CH, A Mu '4al Corpora io In Edward Selich, Mayor CONTRACTOR: W. A. RASIC COMPANY, INC. By: (Corporate Officer) Title: President Print Name: Pete Rasic By: (Fin nci Officer) Title: Financial Officer Print Name: Walter A. Rasic, Jr. Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement r GENERAL. ENGINII:RING CON 'IR.A( -[OR June 16, 2009 EXHIBIT °A" City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 - 888915 1009 Attention: Ms. Cindy Asher Unt�u Reference: Amendment to Professional service agreement Dear Ms. Asher, W. A. Rasic Construction is requesting to extend the Professional Services Agreement for another year. Rates contained herein shall be in effect for a one (1) year period, commencing on July 1, 2009 and continuing through June 30, 2010. Attached are our updated labor and equipment rates for referenced period. Note that should diesel fuel costs rise above $5.00 per gallon, W. A. Rasic Construction reserves its right to apply a fuel surcharge to the equipment portion of the invoices. Very truly yours, (Q,�) David Lee W. A. Rasic Construction Attachment 7314 Scout Avenue Bell Gardens, California 90201 562- 928.6111 phone 562.928 -7339 fax www.warasic.com state contractor's license #A368761 Newport Beach Cost Pius rates � l GLNL(.LL. ENGINLERIN000NFRACI OR EXHIBIT 111311 COST PLUS RATES EFFECTIVE JULY 1, 2009 through JUNE 30, 2010 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates Billing rate for Apprentice will be based on actual classification Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo. Mono, Orange, Riverside. San Bernardino, Imperial, Ventura. Santa Barbara, San Luis Obispo. Kern and in addition Richardson Rock. Santa Cruz Island, Arch Rock, San Nicholas Island. Catalina Island, San Clemente Island. San Miguel Island. Santa Barbara Island. Santa Rosa Island, Anacapa Island. including the Channel Islands Monument Rate Scale does not include San Diego County Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable. plus mark -up of 15% Overtime Rates: All hours outside regularly constituted shift shall be time and one half Sundays and holidays shall be paid at double time For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one hall. all additional hours at double time except holidays which are at triple time Subsistence: Superintendent - $75 00 /Day. General Foreman - $60.00 /Day. All other crafts per applicable Union Agreements Travel Time: Billing time will Stan once the employees are dispached and end upon their return to the company facility USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work NOTE: All wage scales presented herem are subject to change without notice This document does not include all labor classifications Additional labor classifications are available upon request 7314 Scout Avenue Bell Gardens, California 90201 562- 928 -6111 phone 562 - 928.7339 tax www.warasic.com state contractor's license #A368761 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN /CLASS CODE TIME TIME TIME CRAFTSMAN /CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGF 8281 115 70 14860 General Foreman, Appdx A OEGF 9001 122 77 15552 Foreman CAFM 7960 110.94 14228 Foreman. Appdx A OEFM 8680 118.00 14920 Journeyman CAJM 74 78 103 79 13280 Group 1, Appdx- A - Oiler OEG1 7942 106.83 134.23 Apprentice - 8N Period (90 %) CAA8 68 78 94 89 121.00 Group 2. Appdx. A - Oiler OEG2 8068 108.69 13669 Group 8. Appdx A - Universal OEG8 84 07 113.72 14336 Group 10. Appdx A - Mechanic OEGM 8426 11400 14374 Group 8, Appdx B - Crane to 25 Tons OEB8 84 54 114 41 14428 CEMENT MASONS Group 9. Appdx B - Crane 25-50 Tons OEB9 8481 11481 144 82 Foreman CMFM 75.52 9999 12446 Apprentice, GR 8. Appdx A - 6th (90 %) OEA6 7793 10462 131 30 Journeyman Commercial CMJC 7229 9521 118.12 Journeyman Light Commercial CMJL 6596 87 35 108.74 F&T Machine Operator CMFT 72 70 9581 118.91 PROJECT MANAGEMENT Apprentice - 8th 6 Mos (90 %) CMA8 67 53 8815 108.78 Project Manager PMPM 132 76 18202 231 28 Superintendent PMSP 11500 15362 19225 Project Engineer PMPE 85.31 11324 141 18 Project Administrator PMPA 5933 74 27 8922 LABORERS General Foreman LAGF 7081 9546 120.10 Foreman LAFM 6928 9315 117.01 TEAMSTERS Group 1 - General LAG1 6221 8266 103.11 Foreman TDFM 7085 9294 11503 Group 2 - Chute Man LAG2 6309 8397 104.84 GR 2 - 2 Axle TDG2 67 87 88.52 10917 Group 3. Pipeline Backup Man LAGS 6397 8528 106 58 GR 3 - 3 Axle TDG3 68.08 8883 10959 Group 4 - Pipe Layer, C&S LAG4 6647 8897 11148 GR 5 - Working Truck Driver TOGS 68.43 89.36 11028 Group 5 - Blaster / Driller LAG5 6703 8981 11259 GR 6 - 4 or More Axle TOG6 6848 8943 110 38 Apprentice - bin Period (85 %) LAA6 52.56 7192 91 28 Subjoumeyman - 4001 -6000 Hrs TDA3 52.76 6635 7995 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates Billing rate for Apprentice will be based on actual classification Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo. Mono, Orange, Riverside. San Bernardino, Imperial, Ventura. Santa Barbara, San Luis Obispo. Kern and in addition Richardson Rock. Santa Cruz Island, Arch Rock, San Nicholas Island. Catalina Island, San Clemente Island. San Miguel Island. Santa Barbara Island. Santa Rosa Island, Anacapa Island. including the Channel Islands Monument Rate Scale does not include San Diego County Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable. plus mark -up of 15% Overtime Rates: All hours outside regularly constituted shift shall be time and one half Sundays and holidays shall be paid at double time For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one hall. all additional hours at double time except holidays which are at triple time Subsistence: Superintendent - $75 00 /Day. General Foreman - $60.00 /Day. All other crafts per applicable Union Agreements Travel Time: Billing time will Stan once the employees are dispached and end upon their return to the company facility USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work NOTE: All wage scales presented herem are subject to change without notice This document does not include all labor classifications Additional labor classifications are available upon request 7314 Scout Avenue Bell Gardens, California 90201 562- 928 -6111 phone 562 - 928.7339 tax www.warasic.com state contractor's license #A368761 1. Mi.'; M61 GRNERAI. EN( 1111, +RING CONnNCrOR Newport Beach Equipment Rates Rates Effective July 1 2009 through June 30, 2010 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses S 22.00 ASPHALT PAVING EQUIPMENT HOURLY RATE Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35' Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 35.00 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $ 185.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 Vibratory Asphalt Roller - 3 - 5 Ton $ 30.00 Vibratory Asphalt Roller - 8 Ton $ 45.00 Vibratory Asphalt Roller - 10 Ton $ 55.00 Vibratory Plate 24" Daily rate $ 100.00 Walk Behind Roller Bomag 24" Width $ 22.00 Walk Behind Roller Multiquip 36" Width $ 26.00 BACKHOES HOURLY RATE Case 580 Super M 4X4 $ 46.00 Case 590 Super M 4X4 $ 55.00 CAT 416 B & C $ 49.00 CAT 420 D 4x4 $ 53.00 CAT 430 4x4 $ 55.00 John Deere 310 D & E $ 45.00 John Deere 310 4x4 Turbo $ 52.00 John Deere 310 SE $ 53.00 John Deere 410 E $ 56.00 COMPACTION EQUIPMENT HOURLY RATE Compaction Wheel 12" or 18" Wide (for JD 310 or CAT 416 backhoe) S 6.00 Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) $ 9.00 Compaction Wheel 36" Wide ROrJO200 CAT 320 CAT 325,CAT330orJD892e.avatorl S 12.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 excavator) S 15.00 Vibratory Soil Plate Compactor 18" Wide (for CAT 320 Excavator) S 16.00 Vibratory Soil Compactor Sheep Foot 33" Wide (Walk Behind) S 38.00 (Revised April 2008) Page t of 7 7314 Scout Avenue Bell Gardens, California 90201 562- 928 -6111 phone 562- 928 -7339 fax www.warasic.com state contractor's license #A368761 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 COMPACTION EQUIPMENT (continued) DAILY RATE Vibratory Soil Compactor Sheep foot 50" Wide (Ride On) $ 50.00 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 44.00 Wacker (Jumping Jack) $ 100.00 CAT 320 B (46,300 LBS) $ 100.00 CAT 320 CLU (51,750 LBS) $ 120.00 CAT 325 CL (64,460 LBS) $ 140.00 CAT 330 DL (79,700 LBS) $ 180.00 CAT 245 ME (120,000 LBS) $ 250.00 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 415.00 CAT 385 CL (187,360 LBS) w/ Felco 60 Bedding Conveyor $ 436.00 Case CX225SR (53,223 LBS.) $ 135.00 Hitachi EX 100 Super (23,600 LBS) $ 65.00 Hitachi ZX 800 (166,700 LBS) $ 385.00 Hitachi EX 1200 -5 (238,100 LBS) $ 450.00 John Deere 120C (28,840 LBS) $ 70.00 John Deere 200 LC (46,800 LBS) $ 100.00 John Deere 892 D LC (67,050 LBS) $ 120.00 John Deere EX 450 (102,000 LBS) $ 335.00 Komatsu PC 1000LC (222,130 LBS) $ 380.00 Komatsu PC 1250 LC -8 (249,560 LBS) $ 500.00 FORKLIFTS, SWEEPERS & CARTS HOURLY RATE Broom / Sweeper - Self Propelled $ 35.00 Forklift 2,600 LB $ 20.00 Forklift 15,000 LB & 16,500 LB $ 45.00 Forklift Telescoping Type (Gradall) 6000 LB w/ 36' Reach $ 50.00 Forklift Telescoping Type (Gradall) 9000 LB w/ 40' Reach $ 55.00 Golf Cart $ 7.00 Mobile Sweeper Johnson 4000 (27,000LBS) $ 70.00 Utility Vehicle - Off Road (all wheel drive - Mule or Gator Type) $ 8.00 (Revised April 2008) Page 2 of 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 GENERATORS HOURLY RATE Generator 5 KW $ 10.00 Generator 25 KW $ 40.00 Generator 65 & 70 KW $ 55.00 HYDRAULIC BREAKERS HOURLY RATE Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 Hydraulic Breaker 10000 LB (for CAT 330 / JD 450 Excavator) $ 300.00 Hydraulic Breaker 14000 LB (for Hitachi ZX800 Excavator) $ 400.00 LOADERS HOURLY RATE Case 570 MXT Skip Loader 4 x 4 $ 45.00 CAT 236 Skid Steer Loader $ 37.00 CAT 950 H (44,435 LBS) $ 105.00 CAT 972 H (56,180 LBS) $ 150.00 CAT 980 H (68,489 LBS) $ 190.00 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $ 45.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 544 E (30,459 LBS) $ 75.00 John Deere 624 E (29,035 LBS) $ 90.00 John Deere 644 E (38,800 LBS) $ 100.00 Kawasaki Z80 (36,000 LBS) $ 90.00 Kawasaki ZV90 (51,320 LBS) $ 120.00 MISCELLANEOUS EQUIPMENT (CHARGED HOURLY) HOURLY RATE Concrete Saw - Walk Behind $ 55.00 Vent Blower Trailer Mounted (12,000 CFN) $ 42.00 Light Tower (4 Lamp) $ 25.00 unch Bore Mole (2" diameter) $ 150.00 unch Bore Mole (3" diameter) $ 200.00 unch Bore Mole (4" diameter) $ 250.00 unch Bore Mole (5 3/4 "" diameter) $ 400.00 ipressor - 13HP Truck Mounted $ 150.00 (Revised April 2008) Page 3 of 7 Newport Beach Equipment Rates Rates Effective July 1 2009 through June 30, 2010 MISCELLANEOUS EQUIPMENT (CHARGED DAILY) continued DAILY RATE Cable Puller (Electric) $ 50.00 Chipping gun / Rivet Buster w/ attachments $ 70.00 Concrete Mixer $ 90.00 Concrete Vibrator $ 100.00 Cut -off Saw / Chain Saw / Skill Saw $ 60.00 Duct Rodder - 1000' S 100.00 Allegro Air Supply Unit $ 250.00 Fan 30" Pedestal Type $ 60.00 Fuel Tank 1000 Gallon - Double Containment $ 52.00 Fusion Machine For HDPE - 4" Diameter max $ 180.00 Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HyTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24 ") $ 15.00 Pole Support Holder $ 30.00 Pressure Washer $ 50.00 Steam X Pressure Washer Trailer Mounted (3500 PSI) $ 208.00 Rotary Hammer / Drill $ 70.00 Sand Blaster $ 175.00 Survey Unit - Promark 3 GPS Type (with receiving units) - for Pig Runs $ 400.00 Tamp / Powder Puff - Air Driven $ 25.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 T.D. Williamson Tapping Machine (Up To 2" - Petroleum) Per inch rate S 80.00 Tripod w/ Harness $ 85.00 Velometer (Air Flow Measuring Device) S 100.00 MOTOR GRADERS HOURLY RATE JD 770CH II S 95.00 (Revised April 2008) Page 4 of 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8' x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8'x 10' or 8' x 20' $ 10.00 SCREENS HOURLY RATE Extec S -5 $ 125.00 Read RD 40 $ 73.00 PORTABLE CONCRETE BATCH PLANT CUBIC YARD Port- A- Pour 120cy $ 25.00 Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (28" to 46 ") Hydraulic Shoring Jack w/ 7' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Hydraulic Shoring Pump Plywood 4' x 8' Sheet 1 1/8" Thick Timbers 4 "x 12 "x 10'or3 "x 12 "x 10' Wide Flange Steel Beams (Various sizes) I Daily rate $ 27.00 Daily rate $ 28.00 Daily rate $ 29.00 Daily rate $ 36.00 Daily rate $ 75.00 Daily rate $ 100.00 Daily rate $ 15.00 Daily rate $ 8.00 Daily rate $ 8.00 TRAFFIC CONTROL EQUIPMENT HOURLY RATE 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 $ 25.00 Traffic plate 5' x 8' & 6' x 10" Daily rate $ 7.00 Traffic plate 8'x 10' Daily rate $ 8.00 Traffic plate 8'x 15'& 8'x 20' Daily rate $ 15.00 Rumble / Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 (Revised April 2008) Page 5 of 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide , 144" depth) $ 350.00 Dig -Up Trailer - 12' Long Enclosed $ 20.00 Dump Truck Bobtail / Flat Bed $ 38.00 Dump Truck Bobtail Paving $ 42.00 Dump Truck End Dump $ 55.00 Dump Truck Ten Wheel $ 43.00 Dump Truck Super 10 $ 47.00 Equipment Trailer - Asphalt Roller Type $ 10.00 Equipment Trailer - Tool Hauler 4,200 lb cap $ 7.00 Equipment Trailer - Tool Hauler 7,000 lb cap $ 10.00 Equipment Trailer - 20,000 lb cap through 40, 000 lb cap $ 15.00 Equipment Trailer Cozad Heavy Haul $ 31.00 Emergency Response Trailer - 18' Long Enclosed $ 75.00 Fuel & Lube Truck $ 60.00 Fuel Trailer - 500 Gallon $ 8.00 Low Bed Haul Truck & Trailer $ 90.00 Mechanics Truck w/ Lift Crane & Welder $ 60.00 Off Road Articulated Dump Truck 40 Ton 6 x 6 $ 185.00 Pick -up Truck / SUV / Van $ 20.00 Ramp Truck (Backhoe Hauler) $ 32.00 Service Truck $ 27.00 Service Truck w/ Welder (500AMP) / Compressor (60 CFM) $ 32.00 Stakebed Truck $ 20.00 Trailer - Platform Type 48' Long $ 31.00 Utility Truck / Concrete Form Truck $ 25.00 Water Trailer - 500 Gallon $ 10.00 Water Truck 1500 Gallon $ 32.00 Water Truck 2000 Gallon $ 35.00 Water Truck 2500 Gallon $ 37.00 (Revised April 2008) Page 6 of 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 WATER PUMPS DAILY RATE Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 60.00 Water pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 85.00 Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 135.00 Water pump 6"w/ Suction Hose & 100 LF of Discharge Hose $ 222.00 WELDING EQUIPMENT HOURLY RATE 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 $ 17.00 Tool Package - Group 1 (stainless steel fabrication) Daily rate $ 185.00 Weld / Fabrication Portable Shop - Container Daily rate $ 20.00 Welder 200 AMP $ 17.00 (Revised April 2008) Page 7 of 7 r CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Cindy Asher, Administrative Manager 949 - 644 -3010 or casher(a)newportbeachca.caov SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENTS WITH W. A. RASIC COMPANY, INC. AND APPROVAL OF AMENDMENT NO. 3 WITH MIKE KILBRIDE, LTD. RECOMMENDATIONS: 1. Approve Amendment No. 2 to Professional Services Agreement (PSA) with W. A. Rasic Company, Inc. 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 Mike Kilbride, LTD. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On November 13, 2007, the City Council approved a PSA with W. A. Rasic Company, Inc. and on September 12, 2006 with Mike Kilbride, LTD. to provide emergency /as needed on -call underground utility repair services. The proposed revisions to each PSA are summarized below: 1) Amendment No. 2 to the PSA with W. A. Rasic Company, Inc. (WARC) incorporates a revised labor rate billing sheet which reflects between a 4% and 6% increase. WARC is a union shop company and every July new rates are negotiated. WARC is one of several contractors that the City has on -call agreements with to provide emergency /as needed underground utility repairs. 2) Amendment No. 3 to the PSA with Mike Kilbride, LTD. (MKL) incorporates a labor rate billing sheet that reflects no increase in rates. MKL is a non -union shop company that does much smaller underground utility repair jobs than WARC and chose to keep rates flat to be more competitive in the current economic climate. MKL recently performed potholing for the Sewer Main Replacement Project at Bayside Drive. Underground Repair Services — Approval of Amendments On -Call Professional Service Agreements August 11, 2009 Page 2 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 both companies would be effective for a one year period through June 30, 2010. Please see the attached Rate Comparison Table. 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: N i Cindy Asher Administrative 'Manager Submitted by: �D-f� ILZ eorge Mu doch Utilities Director Attachments: Amendment No. 2 with W. A. Rasic Company, Inc. Amendment No. 3 with Mike Kilbride, LTD. Rate Comparison Tables AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. FOR EMERGENCY UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11"' day of August, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and W. A. RASIC 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. On November 13, 2007, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Emergency Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the AGREEMENT, dated June 24, 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. SERVICES TO BE PERFORMED Contractor shall perform on -call underground utility repair services in various locations throughout the City pursuant to this Amendment No. 2 and according to the Request to Extend Professional Services Agreement dated June 16, 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: g _ Assistant City s� ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward Selich, Mayor CONTRACTOR: W. A. RASIC COMPANY, INC. By: (Corporate Officer) Title: President Print Name: Pete Rasic (Financial Officer) Title: Financial Officer Print Name: Walter A. Rasic, Jr. Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement F A June 16, 2009 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658- 888915 Attention: Ms. Cindy Asher Reference: Amendment to Professional service agreement Dear Ms. Asher, EXHIBIT "A' W. A. Rasic Construction is requesting to extend the Professional Services Agreement for another year. Rates contained herein shall be in effect for a one (1) year period, commencing on July 1, 2009 and continuing through June 30, 2010. Attached are our updated labor and equipment rates for referenced period. Note that should diesel fuel costs rise above $5.00 per gallon, W. A. Rasic Construction reserves its right to apply a fuel surcharge to the equipment portion of the invoices. Very truly yours, dp-"� David Lee , W. A. Rasic Construction Attachment 7314 Scout Avenue Bell r tl 17 ph #A36 w S a a 562- 928 -7339 fax Newport Beach Cost Plus rates GENERAL ENGINEERING CONTRACTOR EXHIBIT "B" COST PLUS RATES EFFECTIVE JULY 1, 2009 through JUNE 30, 2010 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAWCLASS CODE TIME TIME TIME CRAFTSMAWCLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGE 82.81 115.70 148.60 General Foreman, Appdx A OEGF 90.01- 122.77 155.52 Foreman CAFM 79.60 110.94 142.28 Foreman, Appdx A OEFM 86.80 118.00 149.20 Journeyman CAJM 74.78 103.79 132.80 Group 1, Appdx A - Oiler OEGII 79.42 106.83 134.23 Apprentice - 8th Period (90 %) CAA8 68.78 94.89 121.00 Group 2, Appdx. A- Oiler OEG2 80.68 108.69 136.69 Group 8, Appdx A - Universal OEGS 84.07 113.72 143.36 Group 10, Appdx. A - Mechanic OEGM- 84.26 1.14.00 143.74 Group 8, Appdx B - Crane to 25 Tons OEB8 84.54 114.41 144.28 CEMENT MASONS Group 9, Appdx B - Crane 25.50 Tons OE69 84.81 114.81 144.82 Foreman CMFM 75.52 99.99 124.46 Apprentice, GR 8, Appdx A -6th (90 %) OEA6 77.93 104.62 131.30 Journeyman Commercial CMJC 7229 95.21 118.12 Journeyman Light Commercial CMJL 65.96 87.35 108.74 F &T Machine Operator CMFT 72.70 95.81 118.91 PROJECT MANAGEMENT Apprentice - 6th 6 Mos. (90 %) CMA8 67.53 88.15 108.78 Project Manager PMPM 132.76 182.02 23128 Superintendent PMSP 115.00 . 153.62 192.25 Project Engineer PMPE 85.31 113.24 141.18 Project Administrator PMPA 59.33 74.27 89.22, LABORERS General Foreman LAGF 70.81 95.46 120.10 Foreman LAFM- 6928 93.15 117.01 TEAMSTERS Group 1 - General LAG1 62.21 82.66 103.11 Foreman TDFM 70.85 92.94 115.03 Group 2 - Chute Man LAG2 63.09 83.97 104.84 GR 2 -2 Axle TDG2 67.87 88,52 109.17 Group 3 - Pipeline Backup Man LAG3 63.97 8528 106.58 GR 3 - 3 Axle TDG3 . 68.08 88.83 109.59 Group 4 - Pipe Layer, C&S LAG4 66.47 86.97 111.48 GR 5 - Working Track Driver TDG5 68.43 89,36 110.28 Group 5 - Blaster I Driller LAG5 67.03 89.81 112.59 GR 6 -4 or More Axle TDG6 68.48 89.43 110:38 Apprentice - 6th Period (85 %) LAA6 52.56 71.92 91.28 Subjoumeyman - 4001-6000 Hrs. TDA3 52.76. 66.35 79.95 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. 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, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock. San Nicholas [stand, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will Overtime Rates: All hours outside regularly constituted shift shall be Engineers - first four (4) hours outside regular shift, and first twelve (12�, which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Travel Time: Billing time will start once the employees a USA Notification; Client is responsible for Undergre NOTE: Ail wage scales presented herein are su classifications are available upon request. I 7314 Scout Avenue Bell All other upon their A'Rito the companj; 'hty. Aficabon for "emsrgency work, Duce. This 4cument toes not idude all la sifications. 562- 928 -6111 ph� 562- 928 -7339 fax o rS license #A368ii61 \r��V W. A. R ASIC CONSTRUCTION P t •i 4 �• Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 22.00 ASPHALT PAVING EQUIPMENT HOURLY RATE Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35` Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 35.00 Skid Steer CAT 248B Loader w! Pavement Grinder & Broom Attach. $ 185.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 Vibratory Asphalt Roller - 3 - 5 Ton $ 30.00 Vibratory Asphalt Roller - 8 Ton $ 45.00 Vibratory Asphalt Roller -10 Ton $ 55.00 Vibratory Plate 24" Daily rate $ 100.00 Walk Behind Roller Bomag 24" Width $ 22.00 Walk Behind Roller Multiquip 36" Width $ 26.00 Case 580 Super M 4X4 Case 590 Super M 4X4 CAT 41.6B &C CAT 420 D 44 CAT 430 44 John Deere 310 D & E John Deere 310 44 Turbo John Deere 310 SE John Deere 410 E Compaction Wheel 12" or 18" Wide Compaction Wheel 24" Wide (for+ Compaction Wheel 36" Wide c, Compaction Wheel 45" Wlde €X ; Vibratory Soil Plate Comoactt r (Revised April 2008) 7314 Scout Avenue Bell $ 46.00 $ 55.00 $ 49.00 $ 53.00 $ 55.00 $ 45,00 $ 52.00 $ 53.00 100 „i, .. _ ,.. R ` $ 12.00 325, CAT `892 excavalotf��i 330, CA 1 0 excavator} ti $ 15.00 CAT 32xcavator) $ F 1 license 562 - 928 -7339 fax } a�k - Page 1 Newport Beach Equipment Rates Rates Effective July, 1, 2009 through June 30, 2010 (COMPACTION EQUIPMENT (continued) DAILY RATE Vibratory Soil Compactor Sheep foot 50" Wide (Ride On) $ 50.00 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 44.00 Wacker (Jumping Jack $ 100.00 CAT 320 B (46,300 LBS) $ 100.00 CAT 320 CLU (51,750 LBS) $ 120.00 CAT 325 CL (64,460 LBS) $ 140.00 CAT 330 DL (79,700 LBS) $ 180.00 CAT 245 ME (120,000 LBS) $ 250.00 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 415.00 CAT 385 CL (187,360 LBS) w/ Felco 60 Bedding Conveyor $ 436.00 Case CX225SR (53,223 LBS.) $ 135.00 Hitachi EX 100 Super (23,600 LBS) $ 65.00 Hitachi ZX 800 (166,700 LBS) $ 385.00 Hitachi EX 1200 -5 (238,100 LBS) $ 450.00 John Deere 120C (28,840 LBS) $ 70.00 John Deere 200 LC (46,800 LBS) $ 100.00 John Deere 892 D LC (67,050 LBS) $ 120.00 John Deere EX 450 (102,000 LBS) $ 335.00 Komatsu PC 1000LC (222,130 LBS) $ 380.00 Komatsu PC 1250 LC -8 (249,560 LBS) $ 500.00 Broom / Sweeper -.Self Propelled Forklift 2,600 LB Forklift 15,000 LB & 16,500 LB Forklift Telescoping Type (Gradall) 6000 LB wl 36' Forklift Telescoping Type (Gradall) 9000 L'?1 Golf CartM Mobile Sweeper Johnson 4000 Utilitv Vehicle - Off Road (all wtt ive - Mule (Revised April 2008) $ 35.00 $ 20.00 $ 45.00 41 + N {1 0.,M Page &.pf 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 GENERATORS $ HOURLY RATE Generator 5 KW $ 10.00 Generator 25 KW $ 40.00 Generator 65 & 70 KW $ 55.00 ulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 ulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 ulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 ulic Breaker 10000 LB (for CAT 330 / JD 450 Excavator) $ 300.00 ulic Breaker 14000 LB (for Hitachi ZX800 Excavator) $ 400.00 Case 570 MXT Skip Loader 4 x 4 $ 45.00 CAT 236 Skid Steer Loader $ 37.00 CAT 950 H (44,435 LBS) $ 105.00 CAT 972 H (56,180 LBS) $ 150.00 CAT 980 H (68,489 LBS) $ 190.00 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $ 45.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 544 E (30,459 LBS) $ 75.00 John Deere 624 E (29,035 LBS) $ 90.00 John Deere 644 E (38,800 LBS) $ 100.00 Kawasaki Z80 (36,000 LBS) $ 90.00 Kawasaki ZV90 (51,320 LBS) $ 120.00 rete Saw - Walk Behind Blower Trailer Mounted (12,000 CFN) Tower (4 Lama) Accu -Punch Bore Mole (2" Accu -Punch Bore Mole (3" Accu -Punch Bore Mole (4" Accu -Punch Bore Mole (51 Air r;mmnrassnr- 11HP Tf $ 55.00 $ 200.00 $ 250.00 1 (Revised April 2008) s '; _ k' Page ,,,,of 7 Newport Beach Equipment Rates Rates Effective July 1 2009 through June 30, 2010 MISCELLANEOUS EQUIPMENT (CHARGED DAILY) continued DAILY RATE Cable Puller (Electric) $ 50.00 Chipping gun / Rivet Buster w/ attachments $ 70.00 Concrete Mixer $ 90.00 Concrete Vibrator $ 100.00 Cut -off Saw / Chain Saw / Skill Saw $ 60.00 Duct Rodder - 1000' $ 100.00 Allegro Air Supply Unit .$ 250.00 Fan 30" Pedestal Type $ 60.00 Fuel Tank 1000 Gallon - Double Containment $ 52.00 Fusion Machine For HDPE - 4" Diameter max $ 180.00 Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HyTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24 ") $ 15.00 Pole Support Holder $ 30.00 Pressure Washer $ 50.00 Steam X Pressure Washer Trailer Mounted (3500 PSI) $ 208.00 Rotary Hammer/ Drill $ 70.00 Sand Blaster $ 175.00 Survey Unit - Promark 3 GPS Type (with receiving units) - for P% Ei, Tamp / Powder Puff - Air Driven {; ; Tapping Machine (Up To 2" - water syste�'� �l� L , s T.D. Williamson Tapping Machine Tripod w/ Harness rte} 85.00 Velometer (Air Flow Measu Icel:'. 7 °' $ _ 100.00 n (Revised April 2008) 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8'x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8'x 10' or 8' x 20' $ 10.00 SCREENS HOURLY RATE Extec S -5 $ 125.00 Read RD 40 $ 73.00 PORTABLE CONCRETE BATCH PLANT CUBIC YARD Port -A -Pour 120cy $ 25.00 (Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") (Hydraulic Shoring Jack wl 5' rails (28" to 46 ") (Hydraulic Shoring Jack w/ 7' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Hydraulic Z Shoring wl 5' rails (52" to 88" Double Ram) Hydraulic. Shoring Pump Plywood 4'x 8' Sheet 1 1/8" Thick Timbers 4" x 12"x 10' or 3" x 12" x 10' Wide f=lange Steel Beams (Various sizes) _ I Daily rate $ 27.00 Daily rate $ 28.00 Daily rate $ 29.00 Daily rate $ 36.00 Daily rate $ 75.00 Daily rate $ 100.00 Daily rate $ 15.00 Daily rate $ 8.00 Daily rate $ 8.00 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' D>(y rite_. err 6 00 Crash Barrels (various sizes) K -Rail 20' length ��, Message Board `� �_�' n -^ Traffic 5'x 8' plate & 6' x 10" late 8x 10 Traffic ' ' p rate $ 8.00 Traffic plate 8'x 15'& 8 x Rumble / Rock / Tire Clea I-WatedR X10' �< _ D rate Dad rate $ 15.00 $ , (Revised April 2008) F Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide 144" depth) $ 350.00 Dig -Up Trailer - 12' Long Enclosed Dump Truck Bobtail / Flat Bed Dump Truck Bobtail Paving Dump Truck End Dump Dump Truck Ten Wheel Dump Truck Super 10 Equipment Trailer - Asphalt Roller Type Equipment Trailer - Tool Hauler 4,200 lb cap Equipment Trailer - Tool Hauler 7,000 lb cap Equipment Trailer - 20,000 lb cap through 40, 000 lb cap Equipment Trailer Cozad Heavy Haul Emergency Response Trailer - 18' Long Enclosed Fuel & Lube Truck Fuel Trailer - 500 Gallon Low Bed Haul Truck & Trailer Mechanics Truck w/ Lift Crane & Welder Off Road Articulated Dump Truck 40 Ton 6 x 6 Pick -up Truck / SUV / Van Ramp Truck (Backhoe Hauler) Service Truck Service Truck w/ Welder.(500AMP) / Compressor (60 CFM) Stakebed Truck Trailer - Platform Type 48' Long Utility Truck / Concrete Form Truck Water Trailer - 500 Gallon axf' y Water Truck 1500 Gallon Water Truck 2000 Gallon Water Truck 2500 Gallon x;M Water Truck 4000 Gallon (Revised April 2008) $ 20.00 $ 38.00 $ 42.00 $ 55.00 $ 43.00 $ 47.00 $ 10.00 $ 7.00 $ 10.00 $ 15.00 $ 31.00 $ 75.00 $ 60.00 $ 8.00 $ 90.00 $ 60.00 $ 185.00 $ 20.00 $ 32.00 $ 27.00 $ 32.00 $ 20.00 $ 31.00 25.00 ? 1ni ",can F. Page of 7 t � .Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 60.00 pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 85.00 pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 135.00 pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ 222.00 id Saw - Portable 4" x 4" max cut id Saw 6" x 12" max cut 3ma Cutter Machine 300 AMP I Package - Group '1 (stainless steel fabrication) Id / Fabrication Portable Shop - Container [der 200 AMP (Revised April 2008) $ 10.00 $ 15.00 $ 20.00 $ 17.00 Daily rate $ 185.00 Daily rate $ 20.00 $ 17.00 Z h N0.. 9� r7 Paged of 7 tfi T }: bs' Y Z h N0.. Paged of 7 T }: AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11th day of August, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and MIKE KILBRIDE, LTD. a California Corporation whose address is P.O. Box 3341, Newport Beach, California, .92659 -8341 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services. Agreement, hereinafter referred to as "AGREEMENT ", for Underground Utility Repair Services. 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 June 4, 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: nee mp, Assistant City orney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward Selich, Mayor CONTRACTOR: 2 (Corporate Officer) Title: President Print Name: Mike Kilbride By: (Financial Officer) Title: President Print Name: Mike Kilbride Attachments: Exhibit A.— Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement hiL_pIC1LG M= KQXRME, LTD. Genwal Building 6t Engineering Contractors License 738.400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 rMr_ tll EXHIB IT °A° June 4, 2009 r City ofNewport Beach �Ba Utilities Dept. Attn: Cindy Asher 1: 3300 Newport Blvd. Newport Be" CA 92658 -8915 Re: Amendment to Professional Services Agreement Dear Ms. Asher. Mike Kilbride, LTD is requesting to extend the Professional Services Agreement for another year to commence on. June 30, 2010: Please note the rates have not been changed this year. Your truly, Mike Kilbride 5'a .t. MIKE K UXR) DE, LTD. General Building & Engineering Contractors License 738400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0706 • Fax (949) 548 -1616 HOURLY R &TE LIST Baekhoe with bucket Bac1<hoe with hoepack Backhoe with hyd. breaker a1YRA1 Backhoe with compaction wheel Bobcat loader Bobcat breaker Nvefitters Foreman & tool truck Pipefitter Laborer Updated 6!4/09 EXHIBIT 1111 Hourly rate Minimum Charge 150.00 4 hours 150.00 4 hours 170.00 4 hours 150.00 4 hour 135.00 4 hour 135.00 4 hour 105.00 4 hours 65.00 4 hours 65.00 4 hours W. A. RASIC CONSTRUCTION COMPANY, INC. Position - Carpenters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $79.40 $82.81 $3.41 Foreman $76.18 $79.60 $3.42 Journeyman $71.35 $74.78 $3.43 Apprentice - 8'h Period (90 %) $65.64 $68.78 $3.14 Position - Cement masons 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $72.05 $75.52 $3.47 Journeyman Commercial $68.82 $72.29 $3.47 Journeyman Light Commercial $62.48 $65.96 $3.48 F &T Machine Operator $69.23 $72.70 $3.47 Apprentice - 8'h 6 Mos. (90 %) $64.30 $67.53 $3.23 Position - Laborers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $6733 $70.81 $3.48 Foreman $65.73 $69.28 $3.55 Group 1- General $58.65 $62.21 $3.56 Group 2 -Chute Man $59.54 $63.09 $3.55 Group 3- Pipeline Backup Man $60.42 $63.97 $3.55 Group 4 -Pipe Layer, C &S $62.91 $66.47 $3.56 Group 5 - Blaster / Driller $63.47 $67.03 $3.56 Apprentice - 6'h Period (85 %) $49.90 $52.56 $2.66 Position - Operating Engineers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Forman, Appdx. A $86.59 $90.01 $3.42 Forman, Appdx. A $83.37 $86.80 $3.43 Group 1- Appdx. A -Oiler $77 $79.42 $2.42 Group 2 - Appdx. A - Oiler $77.26 $80.68 $3.42 Group 8- Appdx. A- Universal $80.65 $84.07 $3.42 Group 10- Appdx. A- Mechanic $80.85 $84.26 $3.41 Group 8, Appdx. B -Crane to 25 tons $81.12 $84.54 $3.42 Group 9, Appdx. B - Crane 25 -50 tons $81.39 $84.81 $3.42 Apprentice, GR 8, Appdx A - 6 T" (90 %) $74.78 $77.93 $3.15 Position — Project Management 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Project Manager $121.06 $132.76 $11.70 Superintendent $100.55 $115 $14.45 Project Engineer $79.96 $85.81 $5.85 Project Administrator N/A $59.33 N/A Position — Teamsters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $68.24 $70.85 $2.61 GR 2 — 2 Axle $65.25 $67.87 $2.62 GR 3 -3 Axle $65.51 $68.08 $2.57 GR 5— Working Truck Driver $65.81 $68.43 $2.62 GR 6 — 4 or More Axle $65.86 $68.48 $2.62 Sub journeyman — 4001-6000 Hrs. $52.04 $52.76 $32 Equipment —Air Compressors 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Air Compressor 185 CFM s /tools & hoses $20 $22 $2 Equipment — Asphalt Paving 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Asphalt Spreader Box (variable width) $6 $6 $0 Asphalt Zipper 25" Width $60 $60 $0 Asphalt Zipper 48" Width $70 $70 $0 Emulsion Pot Sprayer $18 $18 $0 Material Placer — Track Type w /35' Conveyor — GomacoRTP -500 $250 $250 $0 Paving Service Truck w/ Air Compressor $27 $35 $8 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $175 $185 $10 Trailer for Asphalt Rollers (5 Ton Haul Max.) $15 $15 $0 Vibratory Asphalt Roller -3 -5 Ton $25 $30 $5 Vibratory Asphalt Roller —8Ton $40 $45 $5 Vibratory Asphalt Roller -10 Ton $50 $55 $5 Vibratory Plate 24" Daily rate $100 $100 $0 Walk Behind Roller Bomag 24" Width $20 $22 $2 Walk Behind Roller Multiquip 36" Width $24 $26 $2 Equipment — Backhoes 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Case 580 Super M 44 $40 $46 $6 Case 590 Super M 44 $44 $55 $10 CAT 416 B & C $38 $49 $11 CAT 420 D 44 $40 $53 $13 CAT 430 44 $41 $55 $14 John Deere 310 D & E $38 $45 $7 John Deere 310 4x4 Turbo $40 $52 $12 John Deere 310 SE $40 $53 $13 John Deere 410 E $42 $56 $14 Equipment — Compaction Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Compaction Wheel 12" or 18" Wide (for JD 310 or CAT 416 backhoe) $6 $6 $0 Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) $9 $9 $0 Compaction Wheel 36" Wide (far 10200, CAT 320, CAT 325, CAT 330 or JD 892 excavator) $12 $12 $0 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 excavator) N/A $15 N/A Vibratory Soil Plate Compactor 18" Wide (for CAT 320 Excavator) $16 $16 $0 Vibratory Soil Compactor Sheep Foot 33" Wide (Walk Behind) $36 $38 $2 Vibratory Soil Compactor Sheep Foot 50" Wide (Ride On) $48 $50 $2 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $42 $44 $2 Wacker (Jumping Jack) $100 $100 1 $0 Equipment— Excavators 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase CAT 320 B (46,300 LBS) $95 $100 $5 CAT 320 CLU (51,750 LBS) $120 $120 $0 CAT 325 CL (64,460 LBS) $140 $140 $0 CAT 330 DL (79,700 LBS) $180 $180 $0 CAT 245 ME (120,000 LBS) $215 $250 $45 CAT 365 CL (145,430) $315 $315 $0 CAT 385 CL (187,360 LBS) $390 $415 $25 CAT 385 CL (187,360 LBS) w/ Felco 60 Bedding Conveyor N/A $436 N/A Case CX225SR (52,223 lbs) N/A $135 N/A Hitachi EX 100 Super (23,600 LBS) $55 $65 $10 Hitachi ZX 800 (166,700 LBS) $360 $385 $25 Hitachi EX 1200 -5 (238,100 LBS) N/A $450 N/A John Deere 120C (28,840 LBS) N/A $70 N/A Equipment — Excavators - continued 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase John Deere 200 LC (46,800 LBS) $95 $100 $5 John Deere 892 D LC (67,050 LBS) $117 $120 $3 John Deere EX 450 (102,000 LBS) $242 $335 $93 Komatsu PC 1000LC (222,130 LBS) $3 60 $380 $20 __f Komatsu PC 1250 LC -8 (249,560 LBS) $500 $500 $0 Equipment — Forklifts, Sweepers & Carts 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Broom / Sweeper — Self Propelled $30 $35 $5 Forklift 2,600 LB $15 $20 $5 Forklift 15,000 LB & 16,500 LB $40 $45 $5 Forklift Telescoping Type (Gradall) 6000 LB w/ 36' Reach $45 $50 $5 Forklift Telescoping Type (Gradall) 9000 LB w/ 40' Reach $50 $55 $5 Golf Cart $7 $7 $0 Mobile Sweeper Johnson 4000 (27,000 LBS) $65 $70 $5 Utility Vehicle — Off Road (all wheel drive — Mule or Gator Type) $7 $8 $1 Equipment — Generators 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Generator 5 KW $10 $10 $0 Generator 25 KW $35 $40 $5 Generator 65 & 70 KW $50 $55 $5 Equipment— Hydraulic Breakers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $42 $42 $0 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $100 $100 $0 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $200 $200 $0 Hydraulic Breaker 10,000 LB (for CAT 330 / JD 450 Excavator N/A $300 N/A Hydraulic Breaker 14,000 LB (for Hitachi ZX800 Excavator) $400 $400 $0 Equipment — Loaders 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Case 570 MXT Skip Loader 4 x 4 $38 $45 $7 CAT 236 Skid Steer Loader $30 $37 $7 CAT 950 H (44, 435 LBS) $92 $105 $13 CAT 972 H (56,180 LBS) $141 $150 $9 CAT 980 H (68,489 LBS) $190 $190 $0 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $38 $45 $7 John Deere 444 E (21,457 LBS) $55 $55 $0 John Deere 544 E (30,459 LBS) $72 $75 $3 John Deere 624 E (29,035 LBS) $68 $90 $22 John Deere 644 E (38,800 LBS) $76 $100 $24 Kawasaki Z80 (36,000 LBS) $87 $90 $3 Kawasaki ZV90 (51,320 LBS) $118 $120 $2 Equipment — Miscellaneous Equipment (Charged Hourly) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Concrete Saw— Walk Behind $55 $55 $0 Vent Blower Trailer Mounted (12,000 CFN) N /AS $42 N/A Light Tower (4 Lamp) $25 $25 $0 Equipment — Miscellaneous Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Accu -Punch Bore Mote (2" diameter) $150 $150 $0 Accu -Punch Bore Mole (3" diameter) N/A $200 N/A Accu -Punch Bore Mole (4" diameter) N/A $250 N/A Accu -Punch Bore Mole (5 % "diameter) $400 $400 $0 Air Compressor -13HP Truck Mounted $150 $150 $0 Cable Puller (Electric) $50 $50 $0 Chipping gun / Rivet Buster w/ attachments $70 $70 $0 Concrete Mixer $90 $90 $0 Concrete Vibrator $100 $100 $0 Cut -off Saw / Chain Saw / Skill Saw $60 $60 $0 Duct Rodder -1000' $100 $100 $0 Allegro Air Supply Unit N/A $250 N/A Fan 30" Pedestal Type $60 $60 $0 Fuel Tank 1000 Gallon — Double Containment $52 $52 $0 Fusion Machine For HDPE -4" Diameter max $180 $180 $0 Equipment — Miscellaneous Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Gas / Oxygen Monitor $100 $100 $0 Geo Phone $175 $175 $0 Holiday T -Lock Tester $50 $50 $0 Hydrostatic Test Pump -5 HP $80 $80 $0 Hydrostatic Test Pump -8 HP $125 $125 $0 HyTorc— Hydraulic Machine $300 $300 $0 Impact Wrench 1" Drive (Air Driven) $30 $30 $0 Jackhammer 70 LB Electric $75 $75 $0 Laser — Pipe & Slope Type $75 $75 $0 Light Stand (Single Lamp) $15 $15 $0 Manhole Blower $40 $40 $0 Pipe Threader — up to 2" $68 $68 $0 Pipe Tongs (Up to 24 ") $15 $15 $0 Pole Support Holder N/A $30 N/A Pressure Washer $50 $50 $0 Steam X Pressure Washer Trailer Mounted (3500 PSI) N/A $208 N/A Rotary Hammer/ Drill $70 $70 $0 Sand Blaster $175 $175 $0 Survey Unit — Promark 3 GPS Type (with receiving units) — for Pig Runs $400 $400 $0 Tamp / Powder Puff —Air Driven $25 $25 $0 Tapping Machine (Up to 2" — water systems only) Per inch rate $40 $40 $0 T.D/ Williamson Tapping Machine (Up to 2 "— Petroleum Per inch rate $80 $80 $0 Tripod w/ Harness $85 $85 $0 Velometer (Air Flow Measuring Device) $100 $100 $0 Equipment —Motor Graders 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 1D 770CH 11 1 $88 $95 $7 Office Trailers & Storage Containers 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Office Trailer 8'x16', 8'x28' or 8'x32' $40 $40 $0 Office Trailer 12'x56', 12'x52' or 12'x60' $70 $70 $0 Storage Container 8'x10' or 8'x20' $10 $10 $0 Screens 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Extec 5 -5 $125 $125 $0 Read RD 40 $73 $73 $0 Portable Concrete Batch Plant 2008 Cubic Yard Rate 2009 Cubic Yard Rate Cubic Yard Rate Increase Port- A- Pour 120cy N/A $25 1 N/A Shoring Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Hydraulic Shoring Jack w/ 3' rails (28" to 46 ') Daily Rate $27 $27 $0 Hydraulic Shoring Jack w/ 5' rails (28" to 46 ') Daily Rate $28 $28 $0 Hydraulic Shoring Jack w/ 7' rails (28" to 46 ') Daily Rate $29 $29 $0 Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Daily Rate $36 $36 $0 Hydraulic Shoring Jack w/ 5' rails (52" to 88" Single Ram) Daily Rate $75 $75 $0 Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Daily Rate $100 $100 $0 Hydraulic Shoring Pump Daily Rate N/A $15 N/A Plywood 4' x 8' Sheet 11/8" Thick Daily Rate $8 $8 $0 Timbers 4" x 12" x 10' or 3" x 12" x10' Daily Rate $8 $8 $0 Wide Flange Steel Beams (Various sizes) Monthly rate/Ton $250 $250 $0 Traffic Control Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Arrow board $15 $15 $0 Barricade / Delineator/ Traffic Cone $1 $1 $0 Barricade w/ Flasher $2 $2 $0 Chain Link Fence Panel 6'x10' $6 $6 $0 Crash Barrels (various sizes $4 $4 $0 K -Rail 20' length $7 $7 $0 Message Board $25 $25 $0 Traffic plate 5'x8' & 6'x10' $7 $7 $0 Traffic plate 8'x10' $8 $8 $0 Traffic plate 8'x15' & 8'x20' $15 $15 $0 Rumble / Rock / Tire Cleaning Plates 8'x10' $10 $10 $0 Traffic signs $5 $5 $0 Hourly Rate Trenchers 2008 Hourly Rates 2009 Hourly Rates Increase Vermeer DT 655 Offset (24" wide, 72" depth) $325 $325 $0 Vermeer T 850 Offset (42" wide, 144 depth) $350 $350 $0 Trucks & Trailers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Dig -Up Trailer -12' Long Enclosed $20 $20 $0 Dump Truck Bobtail / Flat Bed $32 $38 $6 Dump Truck Bobtail Paving $36 $42 $6 Dump Truck End Dump $50 $55 $5 Dump Truck Ten,Wheel $38 $43 $5 Dump Truck Super 10 $42 $47 $5 Equipment Trailer — Asphalt Roller Type $10 $10 $0 Equipment Trailer — Tool Hauler 4,200 lb cap $7 $7 $0 Equipment Trailer — Tool Hauler 7,000 lb cap $10 $10 $0 Equipment Trailer - 20,000 lb cap - 40,000 lb cap $15 $15 $0 Equipment Trailer Cozad Heavy Haul N/A $31 N/A Emergency Response Trailer— 18' Long Enclosed $75 $75 $0 Fuel & Lube Truck $70 $60 -$10 Fuel Trailer — S00 Galion $8 $8 $0 Low Bed Haul Truck & Trailer $77 $90 $13 Mechanics Truck w/ Lift Crane & Welder $57 $60 $3 Off Road Articulated Dump Truck 40 Ton 6x6 $170 $185 $15 Pick -up Truck / SUV / Van $18 $20 $2 Ramp Truck (Backhoe Hauler) $28 $32 $4 Service Truck $27 $27 $0 Service Truck W/ Welder (500AMP) /Compressor (60CFM) N/A $32 N/A Stake bed Truck $20 $20 $0 Trailer — Platform Type 48' Long $31 $31 $0 Utility Truck / Concrete Form Truck $20 $25 $5 Water Trailer -500 Gallon $8 $10 $2 Water Truck —1500 Gallon $30 $32 $2 Water Truck —2000 Gallon $33 $35 $2 Water Truck —2500 Gallon $35 $37 $2 Water Truck —4000 Gallon $82 $80 -$2 Water Pumps 2008 Daily Rates Daily Rate Increase Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose $55 EDally $5 Water pump 3" w/ Suction Hose & 100 LF of Discharge Hose $80 $5 Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose $130 $5 Water pump 6" w/ Suction Hose & 100 LF of Discharge Hose $175 $222 $47 Welding Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Band Saw— Portable 4 "x4" max cut $10 $10 $0 Band Saw 6 "M" max cut $15 $15 $0 Plasma Cutter $20 $20 $0 Jig Machine 300 AMP $15 $17 $2 Tool Package —Group 1 (stainless steel fabrication) Daily Rate $185 $185 $0 Weld / fabrication Portable Shop — Container Daily Rate $20 $20 $0 Welder 200 AMP $15 $17 $2 Expended 7/2008 — 6/2009 Nothing expended. MIKE KILBRIDE, LTD. Position 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman & Tool Truck $105 $105 $0 Pipefitter $65 $65 $0 Laborer $65 $65 $0 Operated Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease Backhoe w/ Bucket $150 $150 $0 Backhoe w/ Hoepack $150 $150 $0 Backhoe w/ Hyd. Breaker (HYRAM) $170 $170 $0 Backhoe w/ Compaction Wheel $150 $150 $0 Bobcat Loader $150 $135 -$15 Bobcat Breaker $170 $135 -$35 Amount Expended 7/2008- 6/2009 Nothing expended for Utilities Department. AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W.A. RASIC COMPANY, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 24th day of June, 2008, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and W.A. RABIC 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. On November 13th, 2007, CITY and CONTRACTOR entered into an On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Emergency Underground Utility Repairs. This Agreement is scheduled to expire on June 30th, 2008. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30th 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 on -call underground utility repairs in various locations throughout the City pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 5, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to 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: Lc, -- Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: By. M - / Vltl� LaVonne Harkless, , City Clerk CITY OF NEWPORT BEACH A MunicipdII21-orporatiop-) Edvbard Selich, Mayor for the City of Newport Beach W. A. RASIC CONSTRUCTION By: Title: President Print Name: leA5-�,e- By: (Fina ial icer) Title: Print Name: i1i�lt2 h'As�c� Attachment: Exhibit A - Request to Extend On -Call Services Agreement Exhibit B - Schedule of Billing Rates W.A.AASiC COZY STHIiCI'IOIY June 5, 2008 A �bUu�f Ety City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Attention: Mr. Steve Myrter Reference: Professional service agreement for utility repair services Dear Mr. Myrter, Attached is our updated labor and equipment rates as requested in your fax transmission dated May 28, 2008. Rates shall be in effect for a period of one (1) year starting on July 1, 2008. Note that should diesel fuel costs per gallon rise above $5.00 W. A. Rasic Construction reserves its right to apply a fuel surcharge to the equipment portion of the invoice. Very truly yours, David Lee W. A. Rasic Construction 7314 Scout Avenue Bell Gardens, California 99241 562- 928 -6111 phone 562- 928 -7339 fax www.wamsic.com state contractor's license #A368761 • Southern California Cost Plus rates GENERAL ENG@186RING CONTRACTOR EXHIBIT "B" 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 on actual classification. Boundaries of Southern California Cost Plus Rates: consists of the eleven It 1) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventum, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island. Anampa Island, including the Channel Islands Manumenl Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15 %. Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time:. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all additional hours at double time except holidays which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Foreman - .$60:00 /Day, All other craft per applicable Union Agreements. Travel Time: Billing time will start once the employees are dispeched and and upon their return to the company facility. USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work. NOTE: This document does not Include all labor classifications. Additional labor classifications are available upon request. 7314 Scout Avenue Bell Gardens,,Carfomia 90201 562- 928 -6111 phone 562 - 928 -7339 fax www.warasic.com state contractor's license #A368761 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMANICLASS CODE TIME TIME TIME CRAFTSMAN7CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGF 79.40 110.91 142.43 General Foreman, Appdx. A OEGF 86.59 118.13 149.1 Foreman CAFM 76.18 106.14 136.10 foreman, Appdx. A OEFM 83.37 113.35 143.33 Journeyman CAJM 71.35 98.98 126.60 Group 1, Appdx. A - Oiler OEG1 76.00 102.18 128.36 Apprentice - 81h Period (90%) CAA8 65.64 90.50 115.36 Group 2, Appdx. A - Oiler OEG2 77.26 104.04 130.83 Group 8, Appdx. A - Universal OEG8 80.65 109.06 137.50 Group 10, Appdx. A - Mechanic OEGM 80.85 109.36 137.88 Group 8, Appdx. B - Crane to 25 Tons OEB8 81.12 109.77 138.42 CEMENT MASONS Group 9, Appdx. B - Crane 2550 Tons OEB9 81.39 110.17 138.96 Foreman CMFM 72.05 95.39 118.73 Apprentice, GR 8, Appdx A - 6th (90 %) OFA6 74.78 100.36 125.94 Journeyman Commercial CMJC 68.82 90.60 112.38 Journeyman Light Commercial CMJL 62.48 82.73 102.99 FS,T Machine Operator CMFT 69.23 91.20 113.18 Apprentice - 8th 6 Mos. (90 %) CMAS 64.30 83.90 103.50 PROJECT MANAGEMENT Project Manager PMPM 121.06 169.73 218.41 Superintendent PMSP 100.55 138.63 176.71 Project Engineer PMPE 79.96 111.91 143.86 LABORERS General Foreman LAGF 67.33 90.69 114.05 Foreman LAFM 65.73 88.31 110.89 Group 1 - General LAGI 58.65 77.81 96.97 TEAMSTERS Group 2 - Chute Man LAG2 59.54 79.12 98.71 Foreman TDFM 68.24 @9.58 110.93 Group 3. Pipeline Backup Man LAG3 60.42 80.43 100.45 GR 2 - 2 Axle TDG2 65.25 85.15 105.06 Group 4 - Pipe Layer, C&S LAG4 62.91 84.13 105.35 GR 3 - 3 Axle TDG3 65.51 85.54 105.57 Group 5 - Blaster / Driller LAGS 63.47 84.97 106.46 GR 5 - Working Truck Driver TDG5 65.81 85.99 106.17 Apprentice - 6th Period (85 %) LAA6 49.90 68.17 86.44 GR 6 - 4 or More Axle TDG6 65.86 86.06 106.27 Subjourneyman - 4001 -6000 Hrs. TDA3 52.04 65.66 79.27 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Boundaries of Southern California Cost Plus Rates: consists of the eleven It 1) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventum, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island. Anampa Island, including the Channel Islands Manumenl Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be billed cost plus sales tax where applicable, plus mark-up of 15 %. Overtime Rates: All hours outside regularly constituted shift shall be time and one half. Sundays and holidays shall be paid at double time:. For Operating Engineers - first four (4) hours outside regular shift, and first twelve (12) hours on Saturday is time and one half; all additional hours at double time except holidays which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Foreman - .$60:00 /Day, All other craft per applicable Union Agreements. Travel Time: Billing time will start once the employees are dispeched and and upon their return to the company facility. USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work. NOTE: This document does not Include all labor classifications. Additional labor classifications are available upon request. 7314 Scout Avenue Bell Gardens,,Carfomia 90201 562- 928 -6111 phone 562 - 928 -7339 fax www.warasic.com state contractor's license #A368761 W.A.RASIC COIV ST RUCTIOR Equipment Rates Rates Effective January 2008 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 20.00 ASPHALT PAVING EQUIPMENT HOURLY RATE Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35' Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 27.00 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $ 175.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 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 Bomag 24" Width - $ 20.00 Walk Behind Roller Multi quip 36" Width $ 24.00 BACKHOES HOURLY RATE Case 580 Super M 4X4 $ 40.00 Case 590 Super M 4X4 $ 44.00 CAT 416 B & C $ 38.00 CAT 420 D 4x4 $ 40.00 CAT 430 44 $ 41.00 John Deere 310 D & E $ 38.00 John Deere 310 44 Turbo $ 40.00 John Deere 310 SE $ 40.00 John Deere 410 E $ 42.00 COMPACTION EQUIPMENT HOURLY RATE Compaction Wheel 12" or 18" Wide (for JD 310 or CAT 416 backhoe). $ 6.Ob Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) $ 9.00 Compaction Wheel 36" Wide (for JD 200 or JD 892 excavator) $ 12.00 Vibratory Soil Plate Compactor 18 "Wide (for CAT 320 Excavator) $ 16.00 Vibratory Soil Compactor Sheep Foot 33" Wide (Walk Behind) $ 36.00 Vibratory Soil Compactor Sherp.foot 50" Wide (Ride On) $ 48.00 (Revised January 2008) Page 1 of 6 7314 Scout Avenue Bell Gardens, California 90201 562- 928 -6111 phone 562- 928 -7339 fax wwwmarasiczom state contractor's license #A368761 9 0 Equipment Rates Rates Effective January 2008 COMPACTION EQUIPMENT (continued) DAILY RATE Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 42.00 Wacker (Jumping Jack) $ 100.00 EXCAVATORS HOURLY RATE 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 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 390.00 Hitachi EX 100 Super (23,600 LBS) $ 55.00 Hitachi ZX 800 (166,700 LBS) $ 360.00 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 Komatsu PC 1000LC (222,130 LBS) $ 360.00 Komatsu PC 1250 LC -8 (249,560 LBS) $ 500.00 Broom / Sweeper - Self Propelled $ 30.00 Forklift 2,600 LB $ 15.00 Forklift 15,000 LB & 16,500 LB $ 40.00 Forklift Telescoping Type (Gradall) 6000 LB w/ 36' Reach $ 45.00 Forklift Telescoping Type (Gradall) 9000 LB w/ 40' Reach $ 50.00 Golf Cart $ 7.00 Mobile Sweeper Johnson 4000 (27,000LBS) $ 65.00 Utility Vehicle - Off Road (all wheel drive - Mule or Gator Type) $ 7.00 GENERATORS HOURLY RATE Generator 5 KW $ 10.00 Generator 25 KW $ 35.00 Generator 65 & 70 KW $ 50.00 (Revised January 2008) Page 2 of 6 0 0 Equipment Rates Rates Effective January 2008 Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 Hydraulic Breaker 14000 LB (for Hitachi ZX800 Excavator) $ 400.00 Case 570 MXT Skip Loader 4 x 4 $ 38.00 CAT 236 Skid Steer Loader $ 30.00 CAT 950 H (44,435 LBS) $ 92.00 CAT 972 H (56,180 LBS) $ 141.00 CAT 980 H (68,489 LBS) $ 190.00 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $ 38.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 544 E (30,459 LBS) $ 72.00 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 MISCELLANEOUS EQUIPMENT (CHARGED HOURLY) HOURLY RATE Concrete Saw - Walk Behind $ 55.00 Light Tower (4 Lamp) $ 25.00 MISCELLANEOUS EQUIPMENT (CHARGED DAILY) DAILY RATE Accu -Punch Bore Mole (2" diameter) $ 150.00 Accu -Punch Bore Mole (5 3/4 "" diameter) $ 400.00 Air Compressor - 13HP Truck Mounted $ 150.00 Cable Puller (Electric) $ 50.00 Chipping gun / Rivet Buster w/ attachments $ 70.00 Concrete Mixer $ 90.00 Concrete Vibrator $ 100.00 Cut -off Saw / Chain Saw / Skill Saw $ 60.00 Duct Rodder - 1000' $ 100.00 Fan 30" Pedestal Type $ 60.00 Fuel Tank 1000 Gallon - Double Containment $ 52.00 Fusion Machine For HDPE - 4" Diameter max $ 180.00 (Revised January 2008) Page 3 of 6 • • Equipment Rates Rates Effective January 2008 Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HyTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24 ") $ 15.00 Pressure Washer $ 50.00 Rotary Hammer/ Drill $ 70.00 Sand Blaster $ 175.00 Survey Unit - Promark 3 GPS Type (with receiving units) - for Pig Runs $ 400.00 Tamp / Powder Puff - Air Driven $ 25.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 T.D. Williamson Tapping Machine (Up To 2" - Petroleum) Per inch rate $ 80.00 Tripod w/ Harness $ 85.00 Velometer (Air Flow Measuring Device) $ 100.00 MOTOR GRADERS HOURLY RATE JD 770CH II $ 88.00 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8'x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8' x 10' or 8'x 20' $ 10.00 SCREENS HOURLY RATE Extec S -5 $ 125.00 Read RD 40 $ 73.00 (Revised January 2008) Page 4 of 6 Equipment Rates Rates Effective January 2008 Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") Daily rate $ 27.00 Hydraulic Shoring Jack w/ 5' rails (28" to 46 ") Daily rate $ 28.00 Hydraulic Shoring Jack w/ 7' rails (28" to 46 ") Daily rate $ 29.00 Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Daily rate $ 36.00 Hydraulic Z Shoring w/ Trails (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 TRAFFIC CONTROL EQUIPMENT $ 20.00 HOURLY RATE Arrow board 40.00 $ 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 $ 25.00 Traffic plate .5'x 8'& 6'x 10" Daily rate $ 7.00 Traffic plate 8'x 10' Daily rate $ 8.00 Traffic plate 8'x 15'& 8'x 20' Daily rate $ 15.00 Rumble / Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide, 144" depth) $ 350.00 Dig -Up Trailer - 12' Long Enclosed $ 20.00 Duct Rodding Truck - 1500 Gallon $ 40.00 Dump Truck Bobtail / Flat Bed $ 32.00 Dump Truck Bobtail Paving $ 36.00 Dump Truck End Dump $ 50.00 Dump Truck Ten Wheel $ 38.00 Dump Truck Super 10 $ 42.00 Equipment Trailer - Asphalt Roller Type $ 10.00 (Revised January 2008) Page 5 of 6 0 Equipment Rates Rates Effective January 2008 0 TRUCKS & TRAILERS (continued) w/ Suction Hose & 100 LF of Discharge Hose HOURLY RATE Equipment Trailer - Tool Hauler 4,200 lb cap $ 7.00 Equipment Trailer - Tool Hauler 7,000 lb cap $ 10.00 Equipment Trailer - 20, 000 lb cap $ 10.00 Equipment Trailer - 40, 000 lb cap $ 15.00 Emergency Response Trailer - 18' Long Enclosed $ 75.00 Fuel & Lube Truck $ 70.00 Fuel Trailer - 500 Gallon $ 8.00 Low Bed Haul Truck & Trailer $ 77.00 Mechanics Truck w/ Lift Crane & Welder $ 57.00 Off Road Articulated Dump Truck 40 Ton 6 x 6 $ 170.00 Pick -up Truck / SUV / Van $ 18.00 Ramp Truck (Backhoe Hauler) $ 28.00 Service Truck $ 27.00 Stakebed Truck $ 20.00 Trailer - Platform Type 48' Long $ 31.00 Utility Truck / Concrete Form Truck $ 20.00 Water Trailer - 500 Gallon $ 8.00 Water Truck 1500 Gallon $ 30.00 Water Truck 2000 Gallon $ 33.00 Water Truck 2500 Gallon $ 35.00 Water Truck 4000 Gallon $ 82.00 pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 55.00 pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 80.00 pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 130.00 pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ 175.00 Band Saw - Portable 4" x 4" max cut Band Saw 6" x 12" max cut Plasma Cutter Tig Machine 300 AMP Tool Package - Group 1 (stainless steel fabrication) Weld / Fabrication Portable Shop - Container $ 10.00 $ 15:00 $ 20.00 $ 15.00 Daily rate $ 185.00 Daily rate $ 20.00 $ 15.00 (Revised January 2008) Page 6 of 6 F 0 0 CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT U�319y Agenda Item No. 13 June 24, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 949 - 718 -3400 or smyrter city.newport- beach.ca.us SUBJECT: UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. RECOMMENDATION: Approve Amendment No. 1 to Professional Services Agreement with W. A. Rasic Company, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendments. DISCUSSION: On November 13, 2007, the City Council approved a Professional Services with W. A. Rasic Company, Inc. to provide as needed on -call underground utility repair services. This amendment will lock in prices on a time and materials basis based on the rate sheet shown in Exhibit B through June 30, 2009. The scope of work for the on -call professional agreement being amended would include the following services: underground utilities, storm drains, building and repairing sewer laterals and mains; building and repairing water services including fire hydrants, detector checks and backflow devices, street and grading improvements. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding 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. i • Underground Repair Services – Approval of Amendment No. 1 to Professional On -Call Service Agreement June 24, 2008 Page 2 Expenditures more than $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: — Q��6 0AW, Cindy Asher Administrative Manager Submitted by: Attachments: Amendment No. 1 with W. A. Rasic Company, Inc. 0 r AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT WITH W.A. RASIC COMPANY, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered into this 24th day of June, 2008, by and between the CITY OF NEWPORT BEACH, a. municipal corporation, (hereinafter referred to as "City") and W.A. RASIC 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. On November 13th, 2007, CITY and CONTRACTOR entered into an On- Call Professional Services Agreement, hereinafter referred to as "Agreement ", for Emergency Underground Utility Repairs. This Agreement is scheduled to expire on June 30tH, 2008. B. City desires to enter into this Amendment No. 1 to extend the term of the Agreement to June 30tH 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 on -call underground utility repairs in various locations throughout the City pursuant to this Amendment No. 1 and according to the Request to Extend On -Call Services Agreement dated June 5, 2008, attached hereto as Exhibit A. 2. Compensation to the Contractor for services performed pursuant to this Amendment No. 1 for all work performed from July 1, 2008, to 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. r_1 L APPROVED AS TO FORM: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: IN LaVonne Harkless, City Clerk 0 CITY OF NEWPORT BEACH A Municipal Corporation Edward Selich, Mayor for the City of Newport Beach W. A. RASIC CONSTRUCTION in Title: President Print Name: 0 (Financial Officer) Print Name: Attachment: Exhibit A — Request to Extend On -Call Services Agreement Exhibit B — Schedule of Billing Rates W.A.RASIC COSTRl7CT10N i June 5, 2008 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 Attention: Mr. Steve Myrter Reference: Professional service agreement for utility repair services Dear Mr. Myrter, EXHIBIT "A' JAN �9 �r Attached is our updated labor and equipment rates as requested in your fax transmission dated May 28, 2008. Rates shall be in effect for a period of one (1) year starting on July 1, 2008. Note that should diesel fuel costs per gallon rise above $5.00 W. A. Rasic Construction reserves its right to apply a fuel surcharge to the equipment portion of the invoice. Very truly yours, David Lee W. A. Rasic Construction 7314 Scout Avenue Bell Gardens, California 90201 562- 928 -6111 phone 562 - 928 -7339 fax www.warasic.com state contractor's license #A368761 Wir! Ti) • Southern California Cost Plus rates r GENERAL ENCINEERING CONTRACTOR [ EXHIBIT "B" An 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 on 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, Ventura, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be IAW dostplus §alas tax wtWe applicable, plus mark-up of 15% Overtime Rates: All hours outside regulady constituted shift shall be Engineers - first four (4) hours outside regular shift, and first twelve (12} which are at triple time. . . r Subsistence: Superintendent - $75.0WDay, General Form"- $W4)0/Day, At other crafts'$Wr applicable Union Agreements. Travel Time: Billing time will start once the employees shed and�:ehd upon their retdm to the company f4difity. USA Notification: Client is responsible for Undergrou"d gtwice Aletf�) ).notification for 911 emergency work. document does not include aN labor.c{assificatahs. Additional labor classifications 7314 Scout Avenue Bell Gardens,- ittrnla O'M .562- 928 -6111 phone 562- 928 -7339 fax www.werasic -com state coni actoes license #A368761 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN/CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGF 79.40 110.91 142.43 General foreman, Appdx. A OEGF 86.59 118.13 149.66 Foreman CAFM 76.18 106.14 136.10 Foreman, Appdx. A OEFM 83.37 113.35 143.33 Journeyman CAJM 71.35 98.98 126.60 Group 1, Appdx. A - Oiler OEG1 76.00 102.18 128.36 Apprentice - 8th Period (90°%) CAA8 65.64 90.50 115.36 Group 2. Appdx. A - Oiler OEG2 77.26 104.04 130.83 Group 8, Appdx. A - Universal OEG8 80.65 109.08 137.50 Group 10, Appdx. A - Mechanic OEGM 80.85 109.36 137.88 Group 8, Appdx. B - Crane to 25 Tons OEB8 81.12 109.77 138.42 CEMENT MASONS Group 9, Appdx. B - Crane 25-50 Tons OEB9 81.39 110.17 138.96 Foreman CMFM 72.05 95.39 118.73 Apprentice, OR 8, Appdx A - 6th (90 %) OEA6 74.78 100.36 175.94 Journeyman Commercial CMJC 68.82 90.60 112.38 Journeyman Light Commercial CMJL 62.48 82.73 102.99 F &T Machine Operator CMFT 69,23 91.20 113.18 Apprentice - 8th 6 Mos. (90 %) CMAB 64.30 83.90 103.50 PROJECT MANAGEMENT Project Manager PMPM 121.06 169.73 218.41 Superintendent PMSP 100.55 138.63 176.71 Project Engineer PMPE 79.96 111.91 143.86 LABORERS General Foreman LAGF 67,33 90.69 114.05 Foreman LAFM 65.73 88.31. 110.89 Group 1 - General LAG1 58.65 77.81 96.97 TEAMSTERS Group 2 - Chute Man LAG2 59.54 79.12 98.71 Foreman TDFM 68.24 89.58 110.93 Group 3 - Pipeline Backup Man LAGS 60.42 80.43 100.45 GR 2 - 2 Axle TDG2 65.25 85.15 105.06 Group 4 - Pipe Layer, C &S LAG4 62.91 84.13 105.35 GR 3 - 3 Axle TDG3 65.51 85.54 105.57 Group 5 - Blaster / Driller LAG5 63.47 84.97 106.46 GR 5 - Working Truck Driver TDG5 65.81 85.99 106.17 Apprentice - 6th Period (85 %) LAA6 49.90 68.17 86.44 GR 6 - 4 or More Axle TDG6 65.86 86.06 106.27 Subjoumeyman - 4001 -6000 Hrs. TDA3 52.04 65.66 79.27 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kem and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be IAW dostplus §alas tax wtWe applicable, plus mark-up of 15% Overtime Rates: All hours outside regulady constituted shift shall be Engineers - first four (4) hours outside regular shift, and first twelve (12} which are at triple time. . . r Subsistence: Superintendent - $75.0WDay, General Form"- $W4)0/Day, At other crafts'$Wr applicable Union Agreements. Travel Time: Billing time will start once the employees shed and�:ehd upon their retdm to the company f4difity. USA Notification: Client is responsible for Undergrou"d gtwice Aletf�) ).notification for 911 emergency work. document does not include aN labor.c{assificatahs. Additional labor classifications 7314 Scout Avenue Bell Gardens,- ittrnla O'M .562- 928 -6111 phone 562- 928 -7339 fax www.werasic -com state coni actoes license #A368761 W.A.RASSC CONSTRUCTION F Equipment Rates Rates Effective January 2008 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 20.00 Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35' Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 27,00 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $ 175.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 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 Bomag 24" Width $ 20.00 Walk Behind Roller Multiquip 36" Width $ 24.00 BACKHOES HOURLY RATE Case 580 Super M 4X4 $ 40.00 Case 590 Super M 4X4 $ 44.00 CAT 416 B & C $ 38.00 CAT 420 D 4x4 $ 40.00 CAT 430 4x4 $ 41.00 John Deere 310 D & E $ 38.00 John Deere 310 4x4 Turbo $ 40.00 John Deere 310 SE $ 40.00 John Deere 410 E $. 42.00 COMPACTION EQUIPMENT s Compaction Wheel 12" or 18" Wide (fgy J 31:0 or G#AT' 4: * w6oft) Compaction Wheel 24" Wide (for 1 (YO t'X' tiifi)` $ 9100 Compaction Wheel 36" Wide (for 0 ar JD 892 vator) $ 12.00 Vibratory Soil Plate Compactoe$ ider CAT 3 xcavator) $ 16.00 Vibrato Soil Compactor Sh . ,`, "?`ot S"' Vibratory p i..�tide (Walk.Behind) $ 36;_00 Vibratory Soil Compactor Sh riot EW *Ide (Ride Qn) $ 48.00 (Revised January 2008) Page 1 of 6 7314 Scout Avenue Bell Gardens, California W2. 6 f 562- 928 -6111 phone 562- 928 -7339 fax www.warasic.com -state contractor's license #A368761 0 0 Equipment Rates Rates Effective January 2008 COMPACTION EQUIPMENT (continued) DAILY RATE Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 42.00 Wacker (Jumping Jack) $ 100.00 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 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 390.00 Hitachi EX 100 Super (23,600 LBS) $ 55.00 HitachiZX 800 (166,700 LBS) $ 360.00 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 Komatsu PC 1000LC (222,130 LBS) $ 360.00 Broom / Sweeper - Self Propelled $ 30.00 Forklift 2,600 LB $ 15.00 Forklift 15,000 LB & 16,500 LB $ 40.00 Forklift Telescoping Type (Gradall) 6000 LB w/ 36' Reach $ 45.00 Forklift Telescoping Type (Gradall) 9000 LB w/ 40' Reach $ 50.00 Golf Cart $ 7.00 Mobile Sweeper Johnson 4000 (27,000LBS) $ 65.00 Utility Vehicle - Off Road (all wheel drive - Mule or Gator Type) $ 7.00 GENERATORS p TK Generator 5 KW $: 1b..40 Generator 25 KW $ 35.00 Generator 65 & 70 KW $ 50.00 (Revised January 2008) Page 2 of 6 Equipment Rates Rates Effective January 2008 Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 Hydraulic Breaker 14000 LB (for Hitachi ZX800 Excavator) $ 400.00 Case 570 MXT Skip Loader 4 x 4 $ 38.00 CAT 236 Skid Steer Loader $ 30.00 CAT 950 H (44,435 LBS) $ 92.00 CAT 972 H (56,180 -LBS) $ 141.00 CAT 980 H (68,489 LBS) $ 190.00 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $ 38.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 544 E (30,459 LBS) $ 72.00 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 MISCELLANEOUS EQUIPMENT (CHARGED HOURLY) HOURLY RATE Concrete Saw - Walk Behind $ 55.00 Light Tower (4 Lamp) $ 25.00 ccu -Punch Bore Mole (2" diameter) ccu -Punch Bore Mole (5 3/4 "" diameter) it Compressor - 13HP Truck Mounted able Puller (Electric) hipping gun / Rivet Buster w/ attachments oncrete Mixer oncrete Vibrator ut -off Saw / Chain Saw / Skill Saw uct Rodder - 1000' an 30" Pedestal Type uel Tank 1000 Gallon - Double Containment usion Machine For HDPE - 4" Diameter.max $ 150.00 $ 400.00 $ 150.00 $ 50.00 $ 7f1:00.. $ 60.00 $ 100.00 $ 60.00 $ 52.00 $ 180.00 (Revised January 2008) Page 3 of 6 • Equipment Rates Rates Effective January 2008 • MISCELLANEOUS EQUIPMENT (CHARGED DAILY) continued DAILY RATE Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HYTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24 ") $ 15.00 Pressure Washer $ 50.00 Rotary Hammer / Drill $ 70.00 Sand Blaster $ 175.00 Survey Unit - Promark 3 GPS Type (with receiving units) - for Pig Runs $ 400.00 Tamp / Powder Puff - Air Driven $ 25.00 Tapping Machine (Up To 2" - water systems only) Per inch rate $ 40.00 T.D. Williamson Tapping Machine (Up To 2" - Petroleum) Per inch rate $ 80.00 Tripod w/ Hamess $ 85.00 Velometer (Air Flow Measuring Device) $ _ 100.00 MOTOR GRADERS HOURLY RATE JD 770CH II $ 88.00 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8'x 16', 8'x 28' or 8" x 32' $. 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70:00 Storage Container 8' x 10' or 8' x 20' $ 100 SCREENS Extec S -5 $ 125.00 Read RD 40 $ 73.00 (Revised January 2008) Page 4 of 6 Equipment Rates Rates Effective January 2008 Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (28" to 46 ") Hydraulic Shoring.Jack w/ 7' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Plywood 4'x 8' Sheet 1 1/8" Thick Timbers 4" x 12" x 10' or 3" x 12" x 10' Wide Flange Steel Beams Various sizes I Daily rate $ 27.00 Daily rate $ 28.00 Daily rate $ 29.00 Daily rate $ 36.00 Daily rate $ 75.00 Daily rate $ 100.00 Daily rate $ 8.00 Daily rate $ 8.00 rate/Ton $ 250.00 TRAFFIC CONTROL EQUIPMENT $ HOURLY RATE Arrow board . 32.00 $ 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 $ 25.00 Traffic plate 5'x 8' & 6'x 10" Daily rate $ 7.00 Traffic plate 8' x 10' Daily rate $ 8.00 Traffic plate 8'x 15'& 8'x 20' Daily rate $ 15.00 Rumble / Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 Traffic signs Daily rate $ 5.00 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide, 144" depth) $ 350.00 Dig -Up Trailer - 12' Long Enclosed Duct Rodding Truck - 1500 Gallon Dump Truck Bobtail / Flat Bed Dump Truck Bobtail Paving Dump Truck End Dump Dump Truck Ten Wheel Dump Truck Super 10 Equipment Trailer - Asphalt Roller (Revised January 2008) Page 5 of 6 $ 40.00 $. . 32.00 $ 36.00 $ 50.00 $ 38.00 $ 42:00 $ 10.00 (Revised January 2008) Page 5 of 6 • Equipment Rates Rates Effective January 2008 Equipment Trailer - Tool Hauler 4,200 lb cap $ 7.00 Equipment Trailer - Tool Hauler 7,000 lb cap $ 10.00 Equipment Trailer - 20, 000 lb cap $ 10.00 Equipment Trailer - 40, 000 lb cap $ 15.00 Emergency Response Trailer -18' Long Enclosed $ 75.00 Fuel & Lube Truck $ 70.00 Fuel Trailer - 500 Gallon $ 8.00 Low Bed Haul Truck & Trailer $ 77.00 Mechanics Truck w/ Lift Crane & Welder $ 57.00 Off Road Articulated Dump Truck 40 Ton 6 x 6 $ 170.00 Pick -up Truck / SUV / Van $ 18.00 Ramp Truck (Backhoe Hauler) $ 28.00 Service Truck $ 27.00 Stakebed Truck $ 20.00 Trailer - Platform Type 48' Long $ 31.00 Utility Truck / Concrete Form Truck $ 20.00 Water Trailer - 500 Gallon $ 8.00 Water Truck 1500 Gallon $ 30.00 Water Truck 2000 Gallon $ 33.00 Water Truck 2500 Gallon $ 35.00 Water Truck 4000 Gallon $ 82.00 ater pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 55.00 ater pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 80.00 ater pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 130.00 ater pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ 175.00 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 January 2008) Page 6 of 6 9 • ('3l qq 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 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 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: • f (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 • • 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 1 7. 8. E ADMINISTRATION 0 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 representative shall represent City in all rendered pursuant to this Agreement. CITY'S RESPONSIBILITIES 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 Contractors 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 2 9 P 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. 5 11 12. 13. 14. 15. • • 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. 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. 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. 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. 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. U. 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 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 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. E:3 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 M 0 0 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 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 0 0 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 thins 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 28. 29. 30. 9 0 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 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. 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. 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 • s 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: Aaron C. Harp, Assistant City Attorney for the City of Newport Beach ATTEST: CITY OF NEWPORT BEACH A Municipal Corporation By: Steven Rosansky Mayor for the City of Newport Beach CONTRACTOR: LaVonne Harkless, City Clerk (Corporate Officer) Print Name_Z� �r.G Byj (Financi ffi r) Title: X, c-e-PR&c,ig �r- Print Name: AWI_7Zle ,4F -14. Attachments: On -Call Professional Services Agreement Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates 14 A l e 3 Y f EXHIBIT W svNZ W.A.RASIC CONSTRUCTION r ..AB �e'�. —� Y. K'a • n e a Y 1 II II A S � . NN off I Ak Try rw A N� of 5,000 feet, we made a connection to two existing water supply tunnels in this very environmentally sensitive, remote locati ;:.-r on. We also weathered one • California's hardest rain seasons ever, building and re-building 215 PSO miles of roadway to facilitate construction. -M All Pgo f .0, lit gd attienr�rt 4fei�kts, LA-CPN my DeyartoAznty f?t4UC 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 a typical excavation between 10 to 20 feet deep, the entire pipeline alignment is in asphalt streets through city neighborhoods. r I r'' i^ 1 f y 1 •p1 I y e n f L a ►� rA o , / Y -7v,, _I l 1 i i u r A,5ternAtt4niciyi tw tvter.Dtstrict:Howdoyoulay48 -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 WA. 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 '1 fabricated all the fittings and outlets for the 4 entire 3.6 mile pipeline. The W.A. Rasic Construction team installed over 19,000 If of + "! 48 -inch pipe on this $8 million project. a I ,.off `tip I ye 'N A,s Virrgeno Alz4nici�ft.l Wtvter District: The largest pipeline project for the Las Virgenes Municipal Water District in over three decades, this work virtually changed the course of water flow for an entire Southern California region, providing back -up lines and improving overall water transport for decades to come. This $5.5 million contract included the installation of 5,400 If of 42 -inch welded steel pipe and 14,000 If of 20 -inch PVC pipe -The connections to the existing water system were done at a depth of around 54 feet. • F ASIC COT)STRCCTION • r m ua• i October 15, 2007 City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Attention: Ed Burt Reference: Time and Material Rates Dear Mr. Burt, The attached time and material rates are good through June 30, 2008. Very truly yours, Matt Gfimaldi W. A. Rasic Construction EXHIBTIr, 7314 Scout Avenue Bell Gardens,. C®lll rnla 9ftQI' . 362- 928 -6111 phone 'Gte cdrit<actcr ?s license #A368761 662-928 -7839 fax WWW.WaMtic.com • . Southern California ` Cost Plus rates GENERAL ENGINEERING CONTRACTOR 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 on actual dassification. Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of .os Angeles. Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be bitted 904066iales ii where appficaYte; plus mark -up of 15 %. Overtime Rates: All hours outside regularly constituted shift shall be time amt: at4e half. Sunda aW 6rkk Ytelidajd tNiefl be paid at doiiFiit 'Gel . For gperatrtiy' Engineers - first four (4) hours outside regular shift, and first twelve (12) hours'6n Saturday is and:ixte half; ap add ai hbm atdd*1{Ttilne exdepthofidays which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Foreman - $60.00 /Day, All other craft per applicable Union Agreements. Travel Time: Billing time will start once the employees a6e djsprached and end upon theft return to the company facility. USA Notification: Client is responsible for Undergrourid: vice AI*(UAA) notification for all emergency work. NOTE: classifications are available upon request. This document does not include all labor classifications. Additional labor � r 7314 Scout Avenue Bell Gardens; catffornia 562- 928 -6111 phone 562 -928 -7339 fax www.warasic.ffGm . 4tNe contl6atoes license #A368761 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAN/CLASS CODE TIME TIME TIME CRAFTSMAN7CLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGF 77.90 109.41 140.93 General Foreman, Appdx. A OEGF 85.09 116.63 148.16 Foreman CAFM 74.68 104.64 134.60 Foreman, Appdx. A OEFM 81.87 111.85 141.83 Journeyman CAJM 69.85 97.48 125.10 Group 1, Appdx. A - Oiler OEG1 74.50 100.68 126.86 Apprentice - 8th Period (90 %) CAA8 64.14 89.00 113.86 Group 2, Appdx. A - Oiler OEG2 75.76 102.54 129.33 Group 8, Appdx. A - Universal OEG8 79.15 107.58 136.00 Group 10, Appdx. A -Mechanic OEGM 79.35 107.86 136.38 Group 8, Appdx. B - Crane to 25 Tons OEB8 79.62 10827 136.92 CEMENT MASONS Group 9, Appdx. B - Crane 25 -50 Tons OEB9 79.89 108.67 137.46 Foreman CMFM 70.55 93.89 117.23 Apprentice, GR 8, Appdx A - 6th (90 %) OEA6 73.28 98.86 124.44 Journeyman Commercial CMJC 67.32 89.10 110.88 Journeyman Light Commercial CMJL 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 Project Manager PMPM 119.56 168.23 216.91 Superintendent PMSP 99.05 137.13 175.21 Project Engineer PMPE 78.46 110.41 142.36 LABORERS General Foreman LAGF 65.83 89.19 112.55 Foreman LAFM 64.23 86.81 109.39 Group 1 - General LAG1 57.15 76.31 95.47 TEAMSTERS Group 2 - Chute Man LAG2 58.04 77.62 97.21 Foreman TDFM 66.74 88.08 109.43 Group 3 - Pipeline Backup Man LAG3 58.92 78.93 98.95 GR 2 - 2 Axle TDG2 63.75 83.65 103.56 Group 4 - Pipe Layer, C &S LAG4 61.41 82.63 103.85 GR 3 - 3 Axle TDG3 64.01 84.04 104.07 Group 5 - Blaster / Driller LAGS 61.97 83.47 104.96 GR 5 - Working Truck Driver TDG5 64.31 84.49 104.67 Apprentice - 6th Period (85 %) LAA6 48.40 66.67 84.94 GR 6 - 4 or More Axle TDG6 64.36 84.56 104.77 Subjoumeyman - 4001-6000 Hrs. TDA3 50.54 64.16 77.77 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual dassification. Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of .os Angeles. Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County. Markup: Material, subcontractors, subsistence, and outside rentals (including fuel costs), will be bitted 904066iales ii where appficaYte; plus mark -up of 15 %. Overtime Rates: All hours outside regularly constituted shift shall be time amt: at4e half. Sunda aW 6rkk Ytelidajd tNiefl be paid at doiiFiit 'Gel . For gperatrtiy' Engineers - first four (4) hours outside regular shift, and first twelve (12) hours'6n Saturday is and:ixte half; ap add ai hbm atdd*1{Ttilne exdepthofidays which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Foreman - $60.00 /Day, All other craft per applicable Union Agreements. Travel Time: Billing time will start once the employees a6e djsprached and end upon theft return to the company facility. USA Notification: Client is responsible for Undergrourid: vice AI*(UAA) notification for all emergency work. NOTE: classifications are available upon request. This document does not include all labor classifications. Additional labor � r 7314 Scout Avenue Bell Gardens; catffornia 562- 928 -6111 phone 562 -928 -7339 fax www.warasic.ffGm . 4tNe contl6atoes license #A368761 IV. A. RA SIC CO .NS'r RUCTION M . I M'#ast Lei - 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 44 $ 38.00 CAT 430 44 $ 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) $ 6.00 Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) $ 9.00 Compaction Wheel 36" Wide (for JD 200 or JD 892 excavator) $.. 12.00 Vibratory Soil Plate Compactor 18" Wide (for CAT 32,P EXO &Va. We), $ 16.00 Vibratory Soil Compactor Sheep Foot 33" Wide.1W :;.''.' 36.40 Vibratory Soil Compactor w/ Single Sheep Foot 40'' W-1416' G Cn} $ 42.60 Wacker (Jumping Jam Daily rate $ 100.00 i (Revised July 2007) 7314 Scout Avenue Bell Gardens,, C"mla 0626,11 ' 562- 928 -6111 phone at* coritindo 's license #A36V61 Page 1 of 5 562 - 928 -7339 fax www.warasic.com • Equipment Rates Rates Effective July 2007 .I L 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 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 Broom / Sweeper - Self Propelled $ 30.00 Concrete Saw - Walk Behind $ 55.00 Forklift 2,600 LB $ 15.00 Forklift 15,000 LB & 16,500 LB $ 40.00 Generator 5 KW $ 10.00 Generator 25 KW $ 35.00 Generator 65 & 70 KW $ 50.00 Golf Cart ` $ 7,0.0 Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 Hydraulic Breaker 4000 LB (for CAT 320. Excavator) Light Tower (4 Lamp) $ •25.00 Screen Read RD 40 $ 73.00 Utility Vehicle - Off Road (all wheel drive -Mule or Gator Type) $ 7.00 (Revised July 2007) Page 2 Of 5 �J Equipment Rates Rates Effective July 2007 0 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 ") Per i0va. $" Tripod w/ Harness $ Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose Water pump 3" w/ Suction Hose & 100 LF of Discharge Hesse ` $ Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ Water pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ (Revised July 2007) 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 W Page 3�91` 5 Y a Equipment Rates Rates Effective July 2007 Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (28" to 46 ") (Hydraulic Shoring Jack w/ 7' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Plywood 4'x 8' Sheet 1 1/8" Thick Timbers 4" x 12" x 10' or 3" x 12" x 10' Wide Flange Steel Beams (Various sizes) I 11 Daily rate $ 27.00 Daily rate $ 28.00 Daily rate $ 29.00 Daily rate $ 36.00 Daily rate $ 75.00 Daily rate $ 100.00 Daily rate $ 8.00 Daily rate $ 8.00 Arrow board $ 15.00 Barricade / Delineator / Traffic Cone Daily rate $ 1.00 Barricade wl Flasher Daily rate $ 2.00 Chain Link Fence Panel 6' x10' Daily rate $ 6.00 Crash Barrels (various sizes) Daily rate $ 4.00 K -Rail 20' length Daily rate $ 7.00 Message Board $ 25.00 Traffic plate 5'x 8'& 6'x 10" Daily rate $ 7.00 (Traffic plate 8'x 10' Daily rate $ 8.00 Traffic plate 8'x 15'& 8'x 20' Daily rate $ 15.00 Rumble / Rock / Tire Cleaning Plates 8' x10' Daily rate $ 10.00 Traffic signs Daily rate $ 5.00 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 �I,QSfA7 Dump Truck Bobtail / Flat Bed $ t0 Dump Truck Bobtail Paving Dump Truck End Dump $ -'4b.06 Dump Truck Ten Wheel $ 33.00 Dump Truck Super 10 $ 37.00 Equipment Trailer - Tool Hauler 4,200 lb cap $ X00. Equipment Trailer - Asphalt Roller Tvpe .. $ _ 160 (Revised July 2007) Page 4 of 5 • 0 Equipment Rates Rates Effective July 2007 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) Page 5 4f 5 t 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