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Home My WebLink AboutC-4490 - Letter Agreement for Emergency Sewer Repair ServicesLETTER AGREEMENT WITH GCI CONSTRUCTION, INC. FOR EMERGENCY SEWER REPAIR SERVICES This Letter Agreement for Emergency Repair Services for a 6" sewer main is entered into as of this 10 day of January, 2010, by and between the CITY OF NEWPORT BEACH, a municipal corporation, (hereinafter referred to as "City") and GCI CONSTRUCTION, INC., a California Corporation, whose address is 245 Fischer Avenue, Ste. B -3, Costa Mesa, California 92626 ( "Contractor "), and is made with reference to the following: RECITALS A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "On -Call Agreement," for Underground Utility Repair Services. The provisions of which are fully incorporated herein by this reference. B. City and Contractor entered into several amendments to extend the term of the Agreement, the most recent, Amendment No. 3, was approved by City Council on September 8, 2009. The provisions of which are fully incorporated herein by this reference. D. On December 1, 2009, the Utilities Dept. received a service request regarding a sewer backup at 2201 Cliff Drive. On December 2 & 3,2009, City Crews dug up the sewer lateral in the backyard easement of 2201 & 2205 Cliff Drive and inspected the pipe with video equipment. After videoing the pipe, staff found the mainline pipe had deteriorated to the point of needing immediate replacement. Emergency repair services were necessary to replace the 6" sewer line. E. The emergency repair work for repair of 6" sewer main set forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) and requires a separate Agreement in accordance with Council Policy F -14 and Section 4.0 of the Agreement. F. City and Contractor mutually desire to enter into this Letter Agreement, hereinafter referred to as "Emergency Services Letter Agreement," as provided here below. NOW, THEREFORE, the parties hereto agree as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate upon payment of final invoice by City for emergency repairs to 6" sewer main or by February 15, 2010, whichever occurs first. 2. SCOPE OF WORK Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and. transportation services necessary for the emergency repair services pursuant to this Emergency Services Letter Agreement and according to the On- Call Services Agreement dated September 12, 2006, and all amendments thereto, the most recent amendment, Amendment No. 3, approved by City Council on September 8, 2009. 3. COMPENSATION TO CONTRACTOR Attached hereto as Exhibit A is the proposal for all emergency work required to complete replacement of the 6" sewer main. The total not -to- exceed cost for all services, materials, labor and reimbursable expenses is Forty-Four Thousand One Hundred and Ninety Dollars and No /100 ($44,190.00). 4. PREVAILING WAGES 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. 5. ADDITIONAL TERMS AND COVENANTS Except as expressly modified herein, all other provisions, terms, and covenants set forth in the On -Call Agreement shall remain unchanged and shall be in full force and effect. Page 12 IN WITNESS WHEREOF, the parties hereto have executed this Letter Agreement on the date first above written. APPROVED AS TO FORM: OFFICE OF CITY ATTORNEY: i•2 •!o Leonie Mulvihill, Assistant City Attorney ATTEST: By: Leilani I. Brown, City Clerk A CITY OF NEWPORT BEACH A Municipal Corporation = Iv GC M City Manager Title: President Print Name: Terry D. Gillespie • 1 Title: Secretary Treasurer Print Name: Floyd Bennett Attachment: Exhibit A — Proposal for Emergency Repairs Page 13 01/11/2010 11:22 FAX 7144187071 GCI- Construction Will '1 A 1116 001 /00 1 �' GCI CONSTRUCTION, INC. License Na. 755366A W 245 Fischer Ave. Suite B -3 f:C)NSTWUC:Tn0N.INC. Costa MOSS, CA 92626 Phone(714)957 -0233 Fox(714)540 -1148 Attn: Mr. Mike Lynch 111111 0 10:25 AM City of Newport Beach utl111y, Dept (949)644.3010 Fax: (949)646-6284.0611: (949)718 -3415 E -mail: mlynch@QIty.newporI- bea0h.C8.Ue asa;r Project: CLIFF DR SEWER REPAIR Excavation and 6ursting add Modified Manhole TV not to exceed ISMS 1 2 3 4 6 8 7 MOBILIZATION TRAFFIC CONTROL BURST 6- PIPE DIG PITS FOR BURSTING BACKFILL PITS BREAK MANHOLE& REPAIR FOR THE WINCH INSTALL 24, MODIFIED MANHOLE 1 LS 1 L$ 150 LF 2 EA 3 EA 1 EA 1 EA EA SF UNIT 10M $2,200.00 $2,200.00 $800.00 $800.00 $6740 $14,550.00 $2,850.00 85,700.00 $1,900.D0 $5,700.00 $2,650.00 $2,650.00 $5,6D0.D0 $5,600.00 $1,830.DD $5,490.00 $6.00 $15DO.00 GRAND TOTAL: 544190.;19 Date Excludes: Inspection, Permits, Fees, SollsTestlng, Bond, Survey, Night Work, Construction water, Demo 1 Clearing A Grubbing, Coating or Waterproofing IntaridUexterior of Manholes Erosion Control (except to protect our own work). SWPPP plans or Implementation plans or any other plans not spaol8ad above, and any and all Items not specified in the Bid Proposal above. Map Output Page 1 of 1 j" Selected Features ✓ Boundary Other WW Point Types Chimney A increaserlReducer I Plug 'k Valve Wet W811 t' /1•. < * WIN Point Types Manhole WW Lateral WW Buildings WW Main Newport Beach Private WW Main Relined \ 4 M http: / /www6. city. newport - beach. ca. us/ servlet/ com. esri. esrimap.Esrimap ?ServiceNamc =nb_ info &ClicntVersion =4.0 &Form =Tr... 01/28/2010