HomeMy WebLinkAboutC-3883 - On-Call RSA for Underground Utility Installation and Repair ServicesON -CALL REPAIR SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD,
FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL "PAIR SERVI E AGREEMENT ( "Agreement') is made and
entered into as of this l day of �2t513 ("Effective Date') by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City"), and MIKE KILBRIDE, LTD., a California corporation ( "Contractor "), whose
principal place of business is P.O. Box 3341, Newport Beach, CA 92659 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 desires to engage Contractor to perform on -call underground utility
installation and repair services ( "Project`).
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified 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 Effective Date, and shall
terminate on Larch 31, 2015, unless terminated earlier as set forth herein.
1 SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call'
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), 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:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
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2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 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 and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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 within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) 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.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 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 total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 40/100 ($200,000.00) without written amendment to
the Agreement.
4.2 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 from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
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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.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the 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.
4.4 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 the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5.1 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 Mike Kilbride to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key 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.
5.2 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 this 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 Municipal Operations Department,
The Utilities General Manager, or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
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the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8A City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials 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).
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8.4 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,
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the 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
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. 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 the 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 of
the Work 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.
10. 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.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
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12. 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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. 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 Contractor. 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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
16, OWNERSHIP OF DOCUMENTS
Each and every report, draft, 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
Mike .- d •..- 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor 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 /her 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.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 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.
21.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
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City for any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor 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:
Attn: Utilities General Manager
Municipal Operations
City of Newport Beach
949 W. 161h St.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -718 -3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Mike Kilbride
Mike Kilbride, Ltd.
P.O. Box 3341
Newport Beach, CA 92659
Phone: 949 - 548 -0106
23, NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.),
24, TERMINATION
24.1 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
Kilbride, Mike # '.g-
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.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) 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 materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 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.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 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
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herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 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.
26.6 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, State of California.
26.7 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, age or any other impermissible basis under law.
26.8 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.
26.9 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.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mike Kilbride, Ltd. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
By:
Aa n C. Harp
City Attorney
ATTEST: f I� 1-77Date: 6
By: i 4.
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A Californiarryuni�`ial corporati
Date: l
By:
Keith D. Curry
Mayor
CONTRACTOR: Mike Kilbride, Ltd., a
California corporation
Date: S.
25 - j3
o wol, i W"
President
Date: 3 • Z5 -1 I
By:
Mike Kilbride
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
Mike Kilbride, Ltd. Page 11
EXHIBIT A
SCOPE OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
• Excavations, pavement cuts, minor grading.
• Installation and repair of water system components such as:
• Waterlines sizing from 6" to 48" in diameter
• Valves of various types and sizes
• Services ranging from' /" to 2" in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
• Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
• Manholes
• Installation and repair of storm water system components such as:
• Storm drain piping
• Catch basins
• Tide valves
• Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair of roadways
• Install and relocate SCE facilities
Mike Kilbride, Ltd. Page A -1
Contractor Requirements:
Contractor shall be required to:
• Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
• Maintain all work sites free of hazards to persons and /or property resulting
from his /her operations. Any hazardous condition noted by the Contractor,
which is not a result of his /her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
• Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
• Provide callback within twenty four hours after initial request from the City for
underground utility services.
Mike Kilbride, Ltd. Page A -2
w __ _ •
Regular Hourly Rates:
Pipfitter
$90
Helper /Laborer
$60
Backhoe
$140
Backhoe w /breaker
$180
Bobcat/ Loader
$140
Dump Truck
$120
Material/Dump fees
Cost -+20%
Hourly rates carry a four (4) hour minimum. Overtime rate of one and a half (1.5) times
the hourly rate is in effect for hours greater than eight (8) hours worked in any one day
on a Monday through Friday. The overtime rate of one and a half (1.5) times the hourly
rate is also in effect for the first eight (8) hours worked on a Saturday. The overtime
rate of two (2) times the hourly rate is in effect for any hours worked in excess of eight
(8) hours on a Saturday, as well as the first eight (8) hours worked on Sunday. Any
hours worked on a Sunday in excess of eight (8) hours shall be billed at three (3) times
the hourly rate.
Mike Kilbride, Ltd. '.•'
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions;
Mike Kilbride, Ltd. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self - insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.53 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
Mike Kilbride, Ltd. Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self - insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.6 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractor's 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.
Mike Kilbride, Ltd. Page C-3
SEW pDkT CITY O F
NEWPORT BEACH
W lz
City Council Staff Report
Agenda Item No. 8
April 9, 2013
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Municipal Operations Department
Mark Harmon, Director
949 - 644 -3055, mharmon @newportbeachca.gov
PREPARED BY: George Murdoch, Utilities General Manager
APPROVED: �
_
TITLE: Approval of On -Call Repair Services Agreements For Underground
Utility Installation And Repair Services
ABSTRACT:
The City utilizes on -call contractors to perform underground utility installation and
repairs. The existing on -call agreements have expired. Staff sent out a Request For
Proposal (RFP) to fourteen (14) qualified firms seeking proposals. Due to the urgency of
response, staff is requesting more than one on -call contractor in the event another is
unavailable. Staff is requesting approval to enter into three (3) separate agreements
with the top rated firms.
RECOMMENDATION:
Approve an on -call repair services agreement with GCI Construction, Inc., for
underground utility installation and repair services and authorize the Mayor and
City Clerk to execute the agreement.
2. Approve an on -call repair services agreement with Mike Kilbride, Ltd., for
underground utility installation and repair services and authorize the Mayor and
City Clerk to execute the agreement.
3. Approve an on -call repair services agreement with Steve Bubalo, Construction
Co, Inc., for underground utility installation and repair services and authorize the
Mayor and City Clerk to execute the agreement.
Approval of On -Call Repair Services Agreements For Underground Utility Installation
And Repair Services
April 9, 2013
Page 2
]KHREMN e t:
The current adopted budget provides sufficient funding for the typical installation and
repair of underground utilities. Should a large repair be needed that exceeds the
available budget or contract limit, staff will bring the item to Council for additional
funding.
DISCUSSION:
The City utilizes a comprehensive maintenance program for the water, wastewater and
storm drain infrastructure. During daily operations of the infrastructure, staff may
occasionally need the assistance from competent and qualified firms to provide services
related to underground utility installation and emergency repair.
City Staff currently maintains over 296 miles of water distribution mains, 423 miles of
sewer collection mains and laterals, and 96 miles of storm drain pipeline. Additionally,
staff maintains various pump stations, water pressure regulating stations, reservoirs,
treatment facilities, well sites, as well as thousands of fire hydrants, valves, manholes
and other various equipment/facilities throughout the City.
On occasion the underground utility infrastructure fails and staff needs the assistance
from qualified firms to expedite the restoration of the utility service. These firms provide
manpower, equipment, and services such as certified pipe welders, heavy equipment,
and specialized equipment the city does not have.
An RFP was released to the public and sent to fourteen (14) known firms in November
2012. A total of five (5) proposals were received and were subsequently evaluated by a
selection panel on the basis of qualifications, availability, experience, understanding of
the services, operational methodology and proposed project costs.
Due to the immediate need for utility repair services in emergency situations, contractor
availability is a high priority. The three (3) highest ranked firms were therefore chosen to
provide on -call services. Per the agreement, each firm shall submit proposals for the
work requested. Selection will be based on 1) contractor availability, which is dependent
upon workers and equipment available at the time; and 2) proposal cost.
Approval of On -Call Repair Services Agreements For Underground Utility Installation
And Repair Services
April 9, 2013
Page 3
: *►i1 ,
Staff recommends the City Council find this project exempt from the California
Environmental Quality Act ( "CEQA ") pursuant to Section 15301 (existing facilities) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has
no potential to have a significant effect on the environment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
Submitted by:
Mark Harmon
Director
Attachments: A. On -Call Repair Services Agreement with GCI Construction, Inc.
B. On -Call Repair Services Agreement with Mike Kilbride Ltd.
C. On -Call Repair Services Agreement with Steve Bubalo
Construction Co., Inc.
Attachment A
On -call repair services agreement with GCI Construction, Inc. for underground utility
installation and repair services
ON -CALL REPAIR SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC.
FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL REPAIR SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this � day of March, 2013 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City ") and GCI CONSTRUCTION, INC., a California corporation ( "Contractor "), whose
principal place of business is 245 Fischer Ave., Suite B -3, Costa Mesa, CA 92626 and
is made with reference to the following:
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 desires to engage Contractor to perform on -call underground utility
installation and repair services ( "Project").
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2015, unless terminated earlier as set forth herein.
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call"
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), 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:
2.11 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 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 and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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 within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) 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.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 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 total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 001100 ($200,000.00) without written amendment to
the Agreement.
4.2 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 from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
GCI Construction, Inc. Page 2
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.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the 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.
4.4 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 the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit S.
PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Terry D. Gillespie to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key 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.
5.2 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 this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
•Zl
This Agreement shall be administered by the Municipal Operations Department.
The Utilities General Manager, or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator,
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
GCI Construction, Inc. Page 3
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
73 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractors 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).
GCI Construction, Inc. Page 4
8.4 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the 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
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. 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 the 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 of
the Work 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.
10. 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.
11, CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
GCI Construction, Inc. Page 5
12. 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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. 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 Contractor. 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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
16. OWNERSHIP OF DOCUMENTS
Each and every report, draft, 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
GCI Construction, Inc. Page 6
any other party. Contractor shall, at Contractors expense, provide such Documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor 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 /her 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.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 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.
21.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
GCI Construction, Inc. Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor 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:
Attn: Utilities General Manager
Municipal Operations Department
City of Newport Beach
949 W. 16`h Street
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -718 -3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Terry D. Gillespie
GCI Construction, Inc.
245 Fischer Ave., Suite B -3
Costa Mesa, CA 92626
Phone: 714- 857 -0233
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.).
24. TERMINATION
24.1 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
GCI Construction, Inc. Page 8
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.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) 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 materials purchased and Documents created in
performance of this Agreement.
25, LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( °FLSA ") (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the united States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 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.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 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
GCI Construction, Inc, Page 9
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 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.
26.6 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, State of California.
26.7 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, age or any other impermissible basis under law.
26.8 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.
26.9 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.
26.10 No Attorneys Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By: ' U 1- / ` — By:
Aar . Harp , Keith D. Curry
City Attorney Mayor
ATTEST: CONTRACTOR: GCI Construction, Inc., a
Date: California corporation
By:
Leilani I. Brown Terry Gillespie
City Clerk President
mo
By:
Floyd Bennett
Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Work
Exhibit B – Schedule of Rates
Exhibit C – Insurance Requirements
GCI Construction, Inc. Page 11
EXHIBIT A
SCOPE OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
• Excavations, pavement cuts, minor grading.
Installation and repair of water system components such as:
• Waterlines sizing from 8" to 48" in diameter
• Valves of various types and sizes
• Services ranging from Y4" to 2" in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
• Manholes
Installation and repair of storm water system components such as:
o Storm drain piping
o Catch basins
o Tide valves
o Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair of roadways
• Install and relocate SCE facilities
GCI Construction, Inc. Page A -1
Contractor Requirements:
Contractor shall be required to:
Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
• Maintain all work sites free of hazards to persons and/or property resulting
from his/her operations. Any hazardous condition noted by the Contractor,
which is not a result of his /her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
• Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
• Provide callback within twenty four hours after initial request from the City for
underground utility services.
GCI Construction, Inc. Page A -2
EXHIBIT B
SCHEDULE OF BILLING RATES
GCI Construction, Inc. Page B -1
aPPI
General EnaineerinC Contractor Lie, NG, 755:35e",
GC1 CONSTRUCTION Effective 711/2052
EQUIPMENT OPERATED RATE SCHEDULE
DESCRIPTION
51.62.
75.66
FOREMAN PICK UP TRUCK
21,00 HOUR
69 -24
CREWTRUCK
36,00 HOUR
LABORER WATER
10 WHEELER DUMPTRUCK
82.00 HOUR
96.17
SUPER 10
86,00 HOUR
80 -94
BOTTOMISEMI END DUMP
93.00 HOUR
6244
LOW BED RATE
142.00 HOUR
PIPELAYER WATER
SKIPLOADER
127.00 HOUR
403.37
BOBCAT
127.00 HOUR
194.86
446D BACKHOEILOADER
15100 HOUR
78.33
565E BACKHOEILOADER
137,00 HOUR
OPERATOR WATER
NEW HOLLAND BACKHOEILOADER
137.00 HOUR
132.4$
938 WHEEL LOADER
447.00 HOUR
108.89
CAT 960 LOADER
147.00 HOUR
$1.0$
CAT 950 E LOADER
152.00 HOUR
FOREMAN WATER
JD 450 WITH BOARD
15200 HOUR
137.88
CAT 307 EXCAVATOR
152.00 HOUR
CAT 313 EXCAVATOR
172.00 HOUR
CAT325EXCAVATOR
494,00 HOUR
CAT 321 CLCR EXCAVATOR
187.00 HOUR
CAT 2350 EXCAVATOR
22200 HOUR
KOBELCO SK300 LCIV EXCAVATOR
202.00 HOUR
RING O MATIC POT HOLING MACHINE
41000 DAY
8200 HR
ASHPHALTZIPPER
260.00 HOUR
Plus Tee€h
ARROWBOARD
105.00 DAY
WATERTRUCK
170.00 DAY
Bare
COMPACTION WHEEL
2700 HOUR
COMPRESSOR WIJACKHAMMER
235.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
210.00 DAY
HYDRAULIC BREAKER
50.00 HOUR
2009 LBS
LIGHTTOWER
100.00 DAY
WACKER
100.00 DAY
Zieman Trailer
2000 . HOUR
4" trash Pump S hoses
100.00 day
8x18 Trench Box
8500 day
250.00 Wk 760.00 MO
4x 18 Trench Box
67.00 day
170.00 Wk 605.00 Mo
8 x 24 Trench Box
18200 DAY
650.00 Wk 1630.00 Mo
LABOR RATES: REGULAR OVERTIME DBL TIME
LABORER GRADING
51.62.
75.66
94.31
LABORERSEWER
69 -24
78.83
98.41
LABORER WATER
5803
77.10
96.17
PIPELAYER GRADING
60.54
80 -94
101.34
PIPELAYER SEWER
6244
84,37
105.80
PIPELAYER WATER
81.63
8250
403.37
OPERATOR GRADING
77.79
194.86
1.31.02
OPERATOR SEWER
78.33
105.65
132.98
OPERATOR WATER
76.08
105.28
132.4$
FOREMAN GRADING
80.48
108.89
117.30
FGR.EMAN SEWER
$1.0$
109.72
138 -40
FOREMAN WATER
8018
19133
137.88
245 FF';c, per Aver _ StO S-3. Co i �l filasa C.1i `orwa 02626 ' (714) 9571-0233 • Fax {7141 - 40-1 14a
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of Insurance. Without limiting Contractors 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. if Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 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 Vil (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products- completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.33 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
GCI Construction, Inc. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
CCI Construction, Inc. -- Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self- insured Retentions. Any self - insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible, Self - insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractor's 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.
GCI Construction, Inc. Page C -3
Attachment B
On-call repair services agreement with Mike Kilbride, Ltd. for underground utility
installation and repair services
ON -CALL REPAIR SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD.
FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL REPAIR SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this day of March, 2013 ( "Effective Date") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and MIKE KILBRIDE, LTD„ a California corporation ( "Contractor"), whose
principal place of business is P.O. Box 3341, Newport Beach, CA 92659 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 desires to engage Contractor to perform on -call underground utility
installation and repair services ( "Project'),
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2015, unless terminated earlier as set forth herein.
e�lsZ* 34RMITNc.7c11
21 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call'
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work " }. Upon written request from the
Project Administrator (as defined below in Section 6), 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:
2A A A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
2.13 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 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 and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
31 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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 within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) 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.
33 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail,
4. COMPENSATION
4.1 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 total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 001100 ($200,000.00) without written amendment to
the Agreement.
4.2 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 from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
Mike Kilbride, ltd. Page 2
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.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the 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.
4.4 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 the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
4110092110 _ hXXM 9411
5A 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 Mike Kilbride to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key 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.
5.2 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 this 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 Municipal Operations Department.
The Utilities General Manager, or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
7.9 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
Mike Kilbride, Ltd. Page 3
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials 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).
Mike Kilbride, Ltd. Page 4
8.4 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the 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
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. 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 the 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 of
the Work 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.
10. 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.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
Mike Kilbride, Ltd. Page 5
12. 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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
Ts�(.6'3iI'7PLdy
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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference,
14. 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 Contractor. 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.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of Clty.
16. OWNERSHIP OF DOCUMENTS
Each and every report, draft, 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
Mike Kilbride, Ltd. Page 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
16. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Contractor under this Agreement.
19, WITHHOLDINGS
City may withhold payment to Contractor 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/her 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.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 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.
21.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
Mike Kilbride, Ltd. Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor 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:
Attn: Utilities General Manager
Municipal Operations
City of Newport Beach
949 W, 16" St,
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718-3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Mike Kilbride
Mike Kilbride, Ltd.
P.O. Box 8341
Newport Beach, CA 92659
Phone: 949 - 548 -0106
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
Identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.).
24, TERMINATION
24.1 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
Mike Kilbride, Ltd. Page 8
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.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) 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 materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law; rules, and/or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 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.
26.2 Waiver, A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 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
Mike Kilbride, Ltd, Page 9
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 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.
26.6 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, State of California.
26.7 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, age or any other impermissible basis under law,
26.8 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.
26.9 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.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mike Kilbride, Ltd, Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 3�3d13
By:
AaYdn C. Harp
City Attorney
r lk1*15
IA
Leilani L Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Keith D. Curry
Mayor
CONTRACTOR: Mike Kilbride, Ltd., a
California corporation
Date:
By:
Mike Kilbride
President
Date:
By:
Mike Kilbride
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
Mike Kilbride, Ltd. Page 11
EXHIBIT A
SCOPE OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
• Excavations, pavement cuts, minor grading.
Installation and repair of water system components such as:
• Waterlines sizing from 6" to 48" in diameter
• Valves of various types and sizes
• Services ranging from %" to 2" in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
• Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
o Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
o Manholes
• Installation and repair of storm water system components such as:
• Storm drain piping
• Catch basins
• Tide valves
• Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair of roadways
• Install and relocate SCE facilities
Mike Kilbride, Ltd. Page A -1
Contractor Requirements:
Contractor shall be required to:
Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
• Maintain all work sites free of hazards to persons and /or property resulting
from his /her operations. Any hazardous condition noted by the Contractor,
which is not a result of his /her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
• Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
• Provide callback within twenty four hours after initial request from the City for
underground utility services.
Mike Kilbride, Ltd. Page A -2
EXHIBIT B
SCHEDULE OF BILLING RATES
Regular Hourly Rates:
Pipfitter
$90
Helper /Laborer
$8d
Backhoe
$14d
Backhoe w/ breaker
$180
Bobcat/ Loader
$140
Dump Truck
$126
MateriallDump fees
Cost + 20%
Hourly rates carry a four (4) hour minimum. Overtime rate of one and a half (1.5) times
the hourly rate is in effect for hours greater than eight (8) hours worked in any one day
on a Monday through Friday. The overtime rate of one and a half (1.5) times the hourly
rate is also in effect for the first eight (8) hours worked on a Saturday. The overtime
rate of two (2) times the hourly rate is in effect for any hours worked in excess of eight
(8) hours on a Saturday, as well as the first eight (8) hours worked on Sunday. Any
hours worked on a Sunday in excess of eight (8) hours shall be billed at three (3) times
the hourly rate.
Mike Kilbride, Ltd. Page B -1
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
11 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1 A Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
Mike Kilbride, Ltd. __ Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self - insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
Mike Kilbride, Ltd. _ Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.8 Self- insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self - insured
retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be
considered to comply with these requirements unless approved by Clty.
1.5.7 City Remedies for Non Comoliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractor's 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.
Mike Kilbride, Ltd, __ Page C -3
j y•#H-
On -call repair services agreement with Steve Bubalo Construction CO., Inc. for
underground utility installation and repair services
ON -CALL REPAIR SERVICES AGREEMENT
WITH GC1 CONSTRUCTION, INC.
FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL REPAIR SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this day of March, 2013 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City ") and GCI CONSTRUCTION, INC., a California corporation ( "Contractor'), whose
principal place of business is 245 Fischer Ave., Suite B -3, Costa Mesa, CA 92626 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 desires to engage Contractor to perform on -call underground utility
installation and repair services ( "Project").
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2015, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call"
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), 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:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1 .3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project,
2.2 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 and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 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 within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) 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.
33 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 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 total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to
the Agreement.
42 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 from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
SCI Construction, Inc, Page 2
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.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the 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.
4.4 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 the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Terry D. Gillespie to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key 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.
5.2 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 this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement shall be administered by the Municipal Operations Department.
The Utilities General Manager, or his/her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
GCI Construction, Inc. Page 3
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractors performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractors Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractors 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).
GCI Construction, Inc. Page 4
8.4 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the 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
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. 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 the 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 of
the Work 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.
10. 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.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
GCI Construction, Inc. Page 5
12, 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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. 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 Contractor. 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.
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
16. OWNERSHIP OF DOCUMENTS
Each and every report, draft, 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
GCI Construction, Inc. Page 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor 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/her 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.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 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.
21.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
GCI Construction, Inc. Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
21 NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor 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:
Attn: Utilities General Manager
Municipal Operations Department
City of Newport Beach
949 W. 16 th Street
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718 -3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Terry D. Gillespie
GCI Construction, Inc.
245 Fischer Ave., Suite B -3
Costa Mesa, CA 92626
Phone: 714- 857 -0233
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.).
24, TERMINATION
24.1 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
GCI Construction, Inc. Page 8
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.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) 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 materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSX) (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
Information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and/or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26, STANDARD PROVISIONS
26.1 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.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 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
GCi Construction, Inc. Page 9
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 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.
26.6 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, State of California.
26.7 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, age or any other impermissible basis under law,
26.8 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.
26.9 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.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
GCI Construction, Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQRNEY'S OFFICE
Date: 311111-'3
By: d /
Aar &t. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
By:
Keith D. Curry
Mayor
CONTRACTOR: GCI Construction, Inc., a
California corporation
Date:
By:
Terry Gillespie
President
By:
Floyd Bennett
Secretary/Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
GCI Construction, Inc. Page 11
EXHIBIT A
SCOPE OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
• Excavations, pavement cuts, minor grading.
Installation and repair of water system components such as:
• Waterlines sizing from 6" to 48" in diameter
• Valves of various types and sizes
• Services ranging from %" to 2" in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
• Manholes
• Installation and repair of storm water system components such as:
• Storm drain piping
• Catch basins
• Tide valves
• Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair of roadways
• Install and relocate SCE facilities
GCI Construction, Inc. Page R -1
Contractor Requirements:
Contractor shall be required to:
Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
• Maintain all work sites free of hazards to persons and /or property resulting
from his /her operations. Any hazardous condition noted by the Contractor,
which is not a result of his /her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
• Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
• Provide callback within twenty four hours after initial request from the City for
underground utility services.
GCI Construction, Inc. Page A -2
EXHIBIT B
GCI Construction, Inc, Page B -1
General Enainearing Conttaotor Lie. No, 755358
GCI CONSTRUCTION Effective 711120'2
EQUIPMENT OPERATED RATE SCHEDULE
DESCRIPTION
5702
75.58
FOREMAN PICKUP TRUCK
21.00 HOUR
5414
CREW TRUCK
36,00 HOUR
LABORER WATER
10 WHEELER DUMPTRUCK
82.00 HOUR
96.17
SUPERIO
88.00 HOUR
80.94
BOTTOMISEMI END GUMP
83.00 HOUR
62.84
LOW BED RATE
112.00 HOUR.
PtPELAYER WATER
SKiPLOADER
427.00 HOUR
103.37
BOBCAT
127.00 HOUR
104.86
4460BACKHOFJLOAMR
16200 HOUR
78.33
565E BACKHOWLOADER
137.00 HOUR
OPERATOR WATER
NEW HOLLAND SACKHOEILOADER
137.00 HOUR
132.48
938 WHEEL LOADER
147.00 HOUR
108.89
CAT 960 LOADER
147.00 HOUR
81106
CAT 950 E LOADER
15100 HOUR
FOREMAN WATER
JO 460 NTH BOARD
16200 HOUR
137.88
CAT 307 EXCAVATOR
152.00 HOUR
CAT 313 EXCAVATOR
17200 HOUR
CAT325FXCAVATOR
194.00 HOUR
CAT 521 CLLR EXCAVATOR
187.00 HOUR
CAT 2350 EXCAVATOR
222.00 HOUR
K088LCO SK300 LC1V EXCAVATOR
202,00 HOUR
RING O MATIC POT HOLING MACHINE
410.00 DAY
82-00 HR
ASHPHALTZIPPER
290.00 HOUR
Plus Teeth
ARROWSOARD
106.00 DAY
WATER TRUCK
170 .00 DAY
Bate
COMPACTION WHEEL
27.00 HOUR
COMPRESSOR WIdACKHAMMER
236,00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
210.00 DAY
HYDRAULIC BREAKER
50.00 HOUR
2000 LBS
UGHTTOWER
100.00 DAY
WACKER
100.00 DAY
Zeman Traller
20.00 HOUR
4" trash Pump S hoses
100.00 day
8x18 Trench Box
8600 day
25040 Wk 75040 Me
4 x 15 Trench Box
57.00 day
17000 Wk 605.00 Mo
8 x 24 Trench Box
18200 DAY
55040 Wk 163040 Mc
LABOR RATES: REGULAR OVERTIME OSL TIME
LABORER GRADING
5702
75.58
94.31
LABORERSEWER
5414
78.53
99.41
LABORER WATER
58.03
77.10
96.17
PIPELAYER GRADING
60.64
80.94
101.34
PIPELAYER SEWER
62.84
$4.37
105.80
PtPELAYER WATER
81.63
82.50
103.37
OPERATOR GRADING
77.79
104.86
191.92
OPERATOR SEWER
78.33
105165
132.98
OPERATOR WATER
78.08
105.28
132.48
FOREMAN GRADING
80.48
108.89
137.30
FOREMAN SEWER
81106
109:72
13840
FOREMAN WATER
80.78
109.33
137.88
245 Flset!Pr +,-err s. , St S -:s, Cc >s,a PJtas? Ca f rnfaa 02626 - (714) 957..C233 - =ax (7141,6140-1 X48
1 *1:n =3r1re7
INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City, Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 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.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
GCI Construction, Inc. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.53 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Reauirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
GCI Construction, Inc. Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractor's 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.
GCI Construction, Inc. Page C -3
RECEIVED AFTER AGENDA PRINTED
Agenda Item No. 8
April 9, 2013
Attachment C
On- calf repair services agreement with Steve Bubalo Construction CO., Inc. for
underground utility installation and repair services
, •
THIS ON -CALL REPAIR SERVICES AGREEMENT ( "Agreement ") is made and
entered into as of this day of March, 2013 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City ") and STEVE BUBALO CONSTRUCTION CO., INC., a California corporation
( "Contractor'), whose principal place of business is 128 E. Live Oak Ave, Monrovia, CA
91016 and is made with reference to the following:
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 desires to engage Contractor to perform on -call underground utility
installation and repair services ( "Project "),
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
9, TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2015, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call"
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), 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:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
M.
2.1.3 The estimated number of hours and cost to complete the Services;
21.4 The time needed to finish the specific project.
2.2 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 and shalt provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
31 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City,
3.1 .1 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 within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed,
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) 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.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand-delivery or mail,
4. COMPENSATION
4.1 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 total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 001100 ($200,000.00) without written amendment to
the Agreement,
4.2 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 from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
Steve Bubalo Construction Co.. Inc. Paae 2
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.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the 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.
4.4 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 the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5.1 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 John Schiller to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key 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.
5.2 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 this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
This Agreement will be administered by the Municipal Operations Department,
The Utilities General Manager, or his /her designee shall be the ] r ect Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
Steve Bubalo Construction Co.. Inc. Pace 3
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 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.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, 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 breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials 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).
Steve Bubalo Construction Co.. Inc. Pace 4
8.4 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.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
ti � � •7;•ti11•7Ti���7a
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the 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
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. 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 the 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 of
the Work 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.
10, 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.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the 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.
Steve Bubalo Construction Co.. Inc. Pace 5
12. 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 Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. 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 Contractor. Control means fifty percent (50%a) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors, Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
Each and every report, draft, 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
StaUa Rifhaln C nnctnjntinn C:n Inn Pang 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
18. RECORDS
Contractor shall keep records and invoices in connection with the Services 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 under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices 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 to Contractor under this Agreement.
19, WITHHOLDINGS
City may withhold payment to Contractor 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/her designee with respect to such disputed
sums. Contractor shall be entitled to receive ` €nterest 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.
20. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1934 (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.
21.2 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 immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
Steve •. • Construction Co- ' a
City for any and all claims for damages resulting from Contractor's violation of this
Section.
22. NOTICES
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor 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:
Attn: Utilities General Manager
Municipal Operations Department
City of Newport Beach
949 W. 16 "' St.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 -718 -3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: John Schiller
Steve Bubalo Construction Co., Inc.
128 E. Live flak Ave.
Monrovia, CA 91016
Phone: 626 -574 -7570
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq).
KIWNWMPMRi
24.1 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
Steve Bubalo Construction Co.. Inc. Pace 8
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.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) 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 materials purchased and Documents created in
performance of this Agreement.
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA') (29 USCA § 241, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and/or termination of the Agreement.
26.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entitles, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 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
Steve Bubalo Construction Co.. Inc. Page 9
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 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,
26.6 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, State of California.
26.7 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, age or any other impermissible basis under law.
26.8 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.
26.9 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.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
M lei 0 LAIN 1111 • •
Steve Bubalo Construction Co.. Inc_ Paae 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
By:
AS;ari C, Harp.
City Attorney
ATTEST:
Date:
By:
Leilani 1. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
4r � By:
Keith D. Curry
Mayor
CONTRACTOR: Steve Bubalo
Construction Co., Inc., a California
corporation
Date:
By:_
John C. Schiller
President and General Manager
By:
Louise Bubalo
Secretary and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
Steve Bubalo Construction Co.. Inc. Pace 11
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
• Excavations, pavement cuts, minor grading.
Installation and repair of water system components such as:
• Waterlines sizing from 6" to 48" in diameter
• Valves of various types and sizes
• Services ranging from 3 /o" to 2° in diameter
• Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
Installation and repair of wastewater system components such as:
• Force mains sizing from 4" to 12" in diameter
• Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
• Valves of various sizes
• Manholes
Installation and repair of storm water system components such as:
• Storm drain piping
• Catch basins
• Tide valves
• Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
+ Backfiil and compaction
® Minor repair of roadways
• Install and relocate SCE facilities
Steve Bubalo Construction Co.. Inc. Paae A -1
Contractor Requirements:
Contractor shall be required to:
Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL-OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
Maintain all work sites free of hazards to persons and/or property resulting
from his/her operations. Any hazardous condition noted by the Contractor,
which is not a result of his/her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
Provide callback within twenty four hours after initial request from the City for
underground utility services.
Steve Subalo Construction Co.. Inc. Pace A-2
EXHIBIT B
Steve Bubalo Construction Co.. Inc. Paae B -1
STEVE BUBALO CONSTRUCTION COMPANY
LABOR RATES
(IR614N Mazk Up fo,0 0Wnl Wd PMR)
MATERIALS WILL BE BILLED AT COST PLUS 15%
SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10%
TOTAL
CtASSiFICATfON
LABOR
RATE
CLASSIFICATION
COST/
TYPE
t$Um >Hr
PftOJE MANAGER
$150.00
R GULAR
PROJECT MANAGER
LABO ER
$7448
REGULAR
LABORER
30=0
$99.97
PREMIUM
$125.45 IDOUBLE
OPERA OR
$101.97
REDuLAR
OPERATOR
4=55
$1+39.26
PREMIUM
$176.60
DOUBLE
PERATOR
$115 66
REGULAR
OPEft AT OR
FOREMAN
$160.10
PREMIUM
FOREMAN
$204.355
DOUBLE
RELOER
$97.97
REGULAR
W L D E R
MECHANIC
$13329
PREMIUM
MECHANIC
400150
$168.60
DOUBLE
TEAM$ ER
$7746
REGULAR
TEAMSTER
stem
$101.96
PREMIUM
$126.46
DOUBLE
CARP NTER
$9024
REGULAR
CA PENTER
FOREMAN
$126.54
PREMIUM
FOREMAN
100140
$162.65
DOUBLE
CARPENTER
$82.82
RM=
AR P EN TER
100110
$115.42
PREMIUM
$146.02
1 DOUBLE
MATERIALS WILL BE BILLED AT COST PLUS 15%
SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10%
Equipment Rates
for (STEVE OU5AL0 CONSTRUCTION CO.)
Including Mark Up for Overhead and Profit
EQUIPMENT
Unit'
Rate
CAT 3040CP EXCAVATOR
MR
$34,82
CAT 330Ct. BACKHOE
HR
8180.87
CAT 3553!13751-) EXCAVATOR
HR
3311.39
CAT 307CS 3i2 EXCAVATOR
HR
$56.99
CAT 225DLO EXCAVATOR
HR
5718.50
KOMATSU P1400 EXCAVATOR
MR
$464.08
JOHN DEERE 710D BACKHOE
HR
$82.23
CAT 980C LOADER
HR
$193.53
CAT 9660 LOADER
NR
$137,45
CAT 966F LOADER
HR
$155.19
CAT 9508 LOADER
HR
$104.72
CAT 9501' LOADER SERf£S If
HR
$121.60
CAT 2268 SKID STEER LOADER
HR
$33.51
CAT 2520 SKID STEER LOADER
HR
$4526
LINK BELT FMC CRANE HSP 8016X!
HR
$107.07
P&H 670 TO CRANE
NR
$214,90
LINK BELT FMO CRANE HSP 8022
NR
$107.07
CAT 038 DOZER
HR
$37.$5
HYSTER ROLLER C350
HR
$43.24
CAT ROLLER 2240
HR
$38.tl7
CAT ROLLER 433C
HR
$79.89
DYNAPAC ROLLER CAISPD
HR
$61,15
DYNAPAC ROLLER CA25
HR
$87.02
TAYLOR FORKLIFT 15T
MR
$110.35
CLARK FORKLIFT 1ST
MR
$110.85
HYSTER FORKLIFT H4608
HR
$131.61
HYSTER FORKLIFT H3309
HR
$110.35
CAT BLADE 140G
MR
$96.47
IN_GERSOL RAND 186CFM COMPRESSOR
HR
$23,01
INGERSOL RAND 175CFM COMPRESSOR
HR
$23.01
MULTIOLXP 46W WISPERWATT GENERATOR
HR
818,38
MU LTK2UIP6OWWISPERWATTGENERATOR
HR
$29.86
UGHTTOWERMLF 30604 LIGHT
MR
$902
TOE ARROW BOARD
HR
$3.68
TCS MESSAGE BOARD
HR
$11.41
FORD F150 PICK UP
HR
$22.98
FORD F250 PICK UP
HR
$22.06
FORD 5350 PICKUP
MR
$28.80
FORD F450 PICK UP
MR
$35.31
KENWORTH TRACTOR IB WHEEL SEMI
HR
686.55
KENWORTH 10 WHEEL DUMP TRUCK
MR
$76.38
_
INTERNATIONAL IO WHEEL DUMP TRUCK
� MR
$7889
'1 TON UTILITY TRUCK _.,_.
HR
$38.09
MECHANICS TRUCK
HR
$47,91
LUKE AND FUEL TRUCK
MR
$8811
IENWORTH SPIRADRILL (ATlANTSC LDH100
MR
$187.58
INTERNATIONAL 4000 GAL WATER TRUCK
MR
&55.33
FORD 4000 GAL WATER TRUCK
HR
$55.33
VOLVO 4000 GAL WATER TRUCK
HR
$55.33
VOLVO 2500 GAL WATER TRUCK
HR
$38,09
FRUEHAUF SEMVEND DUMP TRAILER
HR
$14.92
COZAD LO BED TRAILER
HR
$14,92
DORSEY FLATBED TRAILER
HR
$14.92
MOBIL ATHEY SWEEPER
MR
$441,75
ERODE BROOM
HR
$46.43
MULTIOUIP185 AMP WELDER
HR
$7.09
MSOVARNA F &520 CONCRETE SAW
HR
$19.08
2° TO 4' PUMPS AND HOSE
HR
$6.03
WACKERfJUMPiNG JACWB. PLATE
HR
$10.14
JACKHAMMER SON" 90q
HR
$1.51
CLAY SPADE
HR
$0.99
1.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 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,
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code,
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liabilitv Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.33 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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 accident.
1A Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
Steve Bubalo Construction Co., Inc. Paae C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status, All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self-insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1,5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time,
1,52 City's Right to Revise Requirements, The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. if such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees,
1.5.4 Enforcement of Contract Provisions, Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non-compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
Steve Bubalo Construction Co.. Inc. Page C-2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self-insured Retentions. Any self-insured retentions must be
declared to and approved by City. City reserves the right to require that self-insured
retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out ciff or result from
Contractors performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractors 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.
Steve Bubalo Construction Co., Inc.. Pace C-3
C -3u�;
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:
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:
nette au p,
Assistant City Attorney
ATTEST:
r
By: krv�'
LeilanBrown,
City Clerk Nf'WpO
03
r -
�lj�(�Yts�RP`
CITYN'PVVPORT BCH,
A Muylicibal rooripolratioin
la
Edward Selich,
Mayor
CONTRACTOR:
mkl�\o I �Ukl
Y
(Corporate Officer)
Title: President
Print Name: Mike Kilbride
By: M iL-w "�
(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
610412009 08:b5
June 4, 2009
9495481616
KZLBRiDE
MIKE K"RIDE, LTD.
General Building & Engineering Contractors
License 735400
P.O. Box 3341
Newport Beach, CA 92659 -5341
(949) 545 -0106 a Fax (949) 545-1616
PAGE 01
City of Newport Beach
Utilities Dept.
Sv��`ys
Attn: Cindy Asher
3300 Newport Blvd.
Newport Beach, CA 92658 -5915
Re: Amendment to Professional Services Agreement
Dear Ms. Asher:
Mike Kilbride, LID 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
96/04/2009 08:55 9495481616 KILSRIDE PAGE 02
MIKE MURME, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
HOURLY RATE LIST
Hourly rate Minimum Charge
Operated equipment
Backboe with bucket
150.00
4 hours
Backhoe with hoepack
150.00
4 hours
Backhoe with hyd. breaker (HYRAM)
170.00
4 hours
Backhoe with compaction wheel
150.00
4 hour
Bobcat loader
135.00
4 hour
Bobcat breaker
135.00
4 hour
Pivefitters
Foreman 8r tool truck 105.00 4 hours
Pipefitter 65.00 4 hours
Taborer 65.00 4 hours
Updated 6/4/09
F
1 +.' `d(
� I
V k
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 @newportbeachca.gov
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
g (( 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:
Cindy Asher
Administrative anager
Submitted by:
�D� �Zz
eorge Mu loch
Utilities Director
Attachments: Amendment No. 2 with W. A. Rasic Company, Inc.
Amendment No. 3 with Mike Kilbride, LTD,
Rate Comparison Tables
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 them 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: Z23y _
nette Bea mp,
Assistant City orney
ATTEST:
Leilani Brown,
City Clerk
CITY OF NEWPORT BEACH,
A Municipal Corporation
Edward Selich,
Mayor
CONTRACTOR:
In
(Corporate Officer)
Title: President
Print Name: Mike Kilbride
(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
General. Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, C.A. 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 4, 2009
City ofNewport Beach
Utilities Dept.
Attu: Cindy Asher
3300 Newport Blvd.
Newport Beach, CA 92658 -8915
Re: Amendment to Professional Services Agreement
Dear Ms. Asher.
ell
Vol
Mike Kilbride, LTD is requesting to extend the Professional Services Agreement for
another year to commerce on June 30, 2010.
Please note the rates have not been changed this year.
Your truly,
Mike Kilbride
t-'fAut7 Ul
I I
r
....,....... +. ---I vim. 11 MIL.UKLL- "*at- M4
MH, E I{a7.BI2IIiE9 LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 o Fax (949) 548 -1616
HOURLY RATE LIST
Zlourly rate
f' uy....�..M,
Backhoe with bucket
150.00
4 hours
Backhoe with hoepack
150.00
4 hours
Backhoe with hyd. breaker (HYRAM)
170.00
4liours
Backhoe with compaction wheel
150.00
4 hour
Bobcat loader
135M
4 hour
Bobcat breaker
135.00
4 hour
Pingfiltogs
Foreman & tool truck 105.00 4 hours
Pipefitter 65.00 4 hours
Laborer 65.00 4 hours
Updated 6/4/09
1
M'
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
$7135
$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
$148
F &T Machine Operator
$69.23
$72.70
$147
Apprentice - 8`h 6 Mos. (90 %)
$6430
$67.53
$3,23
Position - Laborers
2008 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
General Foreman
$67.33
$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
$6197
$3.55
Group 4 - Pipe Layer, C &S
$6231
$66.47
$3.56
Group 5 - Blaster/ Driller
$63.47
$67.03
$156
_
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 tans
$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 - 6T" (90 %)
$74.78
$77.93
$3.15 y
Position — Project Management
2008 Hourly Rates
2009 Hourly Rates
Hourly Rate
Increase
Project Manager
$121.06
$132.76
$11.70
Superintendent
$100.55
$115
$44.45
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 -
GR3 -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
$.72
Equipment —Air Compressors
2008 Hourly
I Rates
2009 Hourly Rates
Hourly Rate
Increase
Air Compressor 185 CFM s /tools & hoses
1 $20
$22
1 $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— Gomaco RTP -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 -8 Ton
$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 4x4
$40
$46
$6
Case 590 Super M 44
$44
$55
$10
CAT 416 B & C
$38
$49
$11
CAT 420 D 4x4
$40
$15
$13
CAT 430 4x4
--$53
$41
$55
$14
John Deere 310 D & E
$38
$45
$7
John Deere 310 44 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 (for JD 200, 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
$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) TM
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)
$360
$380
$20
Komatsu PC 1250 LC -8 (249,560 LBS)
1 $500
1 $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 — OffRoad(all wheel drive— Mule orGatorType)
$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 x 4
$38
$45
$7
_4
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)
$100_
$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 Mole (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-LockTester
$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 II
$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
I Rate
2009 Cubic Yard Rate
Cubic Yard Rate
Increase
Port- A- Pour 120cy
N/A
$25
1 N/A
Shoring Equipment (Charged Daily)
2008 Hourly Rates
2009 Hourly Rates
2008
Daily
Rates
2009
Daily
Rates
Daily
Rate
Increase
Hydraulic Shoring lack 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 lack 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
$0
Daily Rate
N/A
$15
N/A
Plywood 4'x 8' Sheet 11/8" Thick
I $5
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
I $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,OOOlb 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 — 500 Gallon
$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 J
$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
2009 Daily
Rates
Daily
Rate
increase
Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose
$55
$60
$5
Water pump 3" w/ Suction Hose & 100 LF of Discharge Hose
$80
$85
$5
Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose_
$130
$135_
$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 "x12" max cut
$15
$15
$0
Plasma Cutter
$20
$20
$0
Tig 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.
C_39�
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City ") and MIKE KILBRIDE, LTD., a
California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659-
8341 ( "Contractor "), and is made with reference to the following:
RECITALS
A. On September 12th, 2006, CITY and CONTRACTOR entered into an On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
scheduled to expire on June 30th, 2007,
B. On June 26th, 2007, City and Contractor entered into an Amendment No.
1 to extend the term of the Agreement to June 30th, 2008.
C. City desires to enter into this Amendment No. 2 to extend the term of the
Agreement to June 30th, 2009.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 2 and according to the Request to
Extend On -Call Services Agreement dated June 10, 2008, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 2 for all work performed from July 1, 2008, to June 30,
2009, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
1 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:
.- CW te�t1--
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By
LaVonne Harkless,
City Clerk
CITY OF NEWPOR� BEACH
A Municipal Corpor tion
go
Edward Selich,
Mayor
for the City of Newport Beach
MIKE KILBRIDE, LTD.
IZEIR,04 W -W
Title: President
V
Print Name: 10Y'OQ
By:---�a���l�
(Financial Officer)
Title:��
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors �I ��
License 738400 EXHIBIT
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 10, 2008 CO
to a
A
n CA
City of Newport Beach \�/
George Murdoch t 081
Utilities Department
Re: Professional Services Agreement
George:
Pleas extend our professional service agreement for another year to commence on 30`x'
day of June, 2008.
Please note that there are rate changes for this contract from the previous year.
Please contact our office with any questions.
Thank you,
""u
Mike kilbride
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.Q. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
HOURLY RATE LIST
Hourly rate
Operated equipment
Minimum Charge
Backhoe with bucket
150.00
4 hours
Backhoe with hoepack
150.00
4 hours
Backhoe with hyd. breaker (HYRAM)
170.00
4 hours
Backhoe with compaction wheel
150.00
4 hours
Bobcat loader
150.00
4 hours
Bobcat breaker
170.00
4 hours
Pipefitters
Foreman & tool truck 105.00 4 hours
Pipefitter 65.00 4 hours
Laborer
Update 6/1/08
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
July 8, 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
AMENDMENTS TO PROFESSIONAL SERVICES AGREEMENTS
RECOMMENDATIONS:
1. Approve Amendment No. 1 with Mike Prlich & Sons, Inc„ for on -call underground
utility repair services and authorize the Mayor and City Clerk to execute the
Amendment,
2. Approve Amendment No. 2 with GCI Construction, Inc. for on -call underground utility
repair services and authorize the Mayor and City Clerk to execute the Amendment.
3. Approve Amendment No. 2 with Mike Kilbride, LTD„ for on -call underground utility
repair services and authorize the Mayor and City Clerk to execute the Amendment,
DISCUSSION:
On April 22, 2008, the City Council approved a Professional Services with Mike Prlich &
Sons, Inc. and on June 26, 2007, the City Council approved Amendment No. 1 with GCI
Construction, Inc. and Mike Kilbride LTD., to provide as needed on -call underground
utility repair services. These amendments will lock in prices on a time and materials
basis based on the rate sheets shown in Exhibit B through August 31, 2009 and June
30, 2009 respectively,
The scope of work for the on -call professional agreements being amended would
include the following services: underground utilities, storm drains, building and repairing
sewer laterals and mains; building and repairing water services including fire hydrants,
detector checks and backflow devices, street and grading improvements.
underground Repair Services — Approval of Amendments No. 1
and No. 2 to Professional On -Call Service Agreements
July 8, 2008
Page 2
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
Funding Availability_
Funding is available in various Maintenance and Operations Water and Wastewater
accounts. Periodically, a Capital Improvement Account will be utilized, as necessary, to
facilitate project expediency.
Expenditures more than $30,000 for an individual repair project will require a separate
City Council action in accordance with Policy F -14.
Wm =C*
0'4'�Uta
Cindy Asher Stev er
Administrative Manager Utilities Director
Attachments: Amendment No. 1 with Mike Prlich & Sons, Inc.
Amendment No. 2 with GCI Construction, Inc.
Amendment No. 2 with Mike Kilbride, LTD.
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH MIKE PRLICH & SONS, INC. FOR ON -CALL
EMERGENCY UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City ") and MIKE PRLICH & SONS,
INC., a California corporation whose address is 5103 Elton Street, Baldwin Park,
California 91706 ( "Contractor "), and is made with reference to the following:
RECITALS
A. On April 22 "d, 2008, CITY and CONTRACTOR entered into an On -Call
Professional Services Agreement, hereinafter referred to as "Agreement ",
for Underground Utility Repair Services. This Agreement is scheduled to
expire on June 30th, 2008, .
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to August 315% 2009.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 1 and according to the Request to
Extend On -Call Services Agreement dated June 13, 2008, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from July 1, 2008, to August 31,
2009, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
3. The term of the Agreement shall be extended to August 31, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By: °>^- -- C, a
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
By:
Edward Selich,
Mayor
for the City of Newport Beach
MICE PRLICH & SONS, INC.
Title: President
Print
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
a 3u-n 13 2008 1:428M
June 13, 2008
MIKE PRLICH & SONS, INC
626 813 1770
.Mike Prlich & Sons, Inc.
5103 Elton Street
Baldwin Park, CA 91706
Tel: 6261813 -1700
Fay: 626/813 -1770
CITY OF NEWPORT BEACH
Utilities Department
3300 Newport Blvd.
Newport Beach, CA 9265 8-8915
Attu. CINDY ASHER
Dear Ms. Cindy:
P.2
Mike Prlich and Sons, Inc. will hold prices of Equipments and Labors for the period of
07/01/08 - 08/31109 as per attached copies.
If there is any further information required, please do not hesitate to contact us at
6261813 -1700.
sit,cerely,
Michael Prlich
President
Jun 13 2008 1:42RM
Mao,
o i-
O
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628 813 1770 P.4
Jun 13 2008 1:42AM MIKE PRLICH & SONS, INC R26 813 1770 P.5
Mike Prlich & Sons, Inc.
5103 Elton Street
Baldwin Park, CA 91706
Tel: 626/813 -1700
Fax: 626/813 -1770
EQUIPMENT LIST
125 COMPRESSOR
185 COMPRESSOR
RIVET` BUSTER
AIR DIGGER
90 POUND JACKHAMMER
BROOM - SELF PROPELLED
BROOM - PICK UP
COMPACTOR - HAND HELD
7.5 -15 GENERATOR
35 GENERATOR
LIGHTS 2 LIGHT SET
LIGHT TOWER 15.5 HP
FORD LIFT CHAMP
GRADER CATERPILLAR 12
HAMMERS DEMO/PILE HOE RAM
CAT 313B EXC
CAT 320 EXC
CAT 345BL
CAT 235 FRONT SHOVEL
CAT 245
KOMATSU "BARNEY" PC75
GROVE CRANE RT528
GALION CRANE DG3801
DRESSER CRANE 150A
CAT RUBBER TIRE LOADER 9280
CAT RUBBER TIRE LOADER 936
CAT RUBBER TIRE LOADER 950A
CAT RUBBER TIRE LOADER 95 OF
CAT 430EBACKHOE
CAT 436BACKHOE
CAT446BACKHOE
CAT 446BBACKHOE
KAWASAKI 65Z IV
KAWASAKI 70Z IV
BOBCAT LOADER
PICK -UP TRKS % TON & LIGHTER
FLAT -BED I TON
FREIGHTLINER BOB -TAIL. DUMP
FORD /STERLING DUMP TRKS 3 AXLE
RATE
$16.80
PER HR
18.00
PER HR
1.08
PER HR
1.08
PER HR
1.44
PER HR
37.20
PER HR
86.40
PER HR
8.40
PER IIR
7.20
PER HR
13.20
PER HR
3.60
PER HR
7.20
PER HR
38.40
PER HR
64.80
PER HR
15.60
PER HR
60.00
PER HR
82.80
PER HR
202.80
PER HR
147.60
PER HR
229.20
PER HR
37.20
PER HR
92.40
PER I
72.00
PER HR
72.00
PER HR
76.80
PER HR
49.20
PER HR
56.40
PER HR
100.80
PER HR
43.20
PER HR
43.20
PER HR
57.60
PER Ilk
63.60
PER HR
74.40
PER HR
85.20
PER_ HR
31.20
PER HR
18.00
PER HR
24.00
PER HR
48.00
PER HR
63.60
PER HR
Jun 13 2008 1.43AM MIKE PRL.ICH & SONS, INC 626 813 1770
Mike Prlich & Sons, Inc,
5103 Elton Street
Baldwin Park; CA 91706
Tel: 626/813 -1700
Fax: 626/813 -1770
EOUIPMENT LIST RATE
TILT TOP TRAILER 3 AXLE
720
ASPHALT ZIPPER
1 84.80
ROLLER IR 22
38.18
ROLLER IR 24
38.05
DYNAPAC CP
51.60
CUT -OFF SAWS CONCRETE /STEEL
6.60
CHAIN SAWS
3.00
TRASH PUMPS 3"
7.20
TRASH PUMPS 4"
8.40
SUB PUMP 2"
1.20
SUB PUMP 3"
2.40
SUS PUMP 4"
3.60
TRAFFIC CONTROL
ARROW BOARD — SOLAR
9.90
TYPE I BARRICADE W/O FLASHER
.23
TYPE 1 BARRICADE WITH FLASHER
.44
DELINEATORS
.23
CRASH CUSHION BARRELS
1.20
K -RAIL PER 20 LF
.47
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER HR
PER DAY
PER DAY
PER DAY
PER DAY
PER DAY
p.6
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 8th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City ") and GCE CONSTRUCTION,
INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa
Mesa, CA 92626 ( "Contractor "), and is made with reference to the following:
RECITALS
A. On September 12th, 2006, CITY and CONTRACTOR entered into a On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
scheduled to expire on June 30th, 2007.
B. On June 26th 2007, City and Contractor entered into an Amendment No. 1
to extend the term of the Agreement to June 30th, 2008.
C. City desires to enter into this Amendment No. 2 to extend the term of the
Agreement to June 30th, 2009.
D. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2°, as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 2 and according to the Request to
Extend On -Call Services Agreement dated June 12, 2008, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 2 for all work performed from July 1, 2008, to June 30,
2009, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
[-M
Edward Selich,
Mayor
for the City of Newport Beach
GCI CONSTRUCTION, INC.
la
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
A?GCI
CONSTRUCTION, INC.
Steve Myrter
Utilities Director
City of Newport Beach
3300 Newport Blvd.
P 0 Box 1768
Newport Beach, CA 92658
AL
General Engineering Contractor Uc. No. 755356
June 12, 2008
Re: Professional Service Agreement — Utility Repair Services
Dear Mr. Myrter:
GCI Construction, Inc. is requesting to extend the Professional Service
Agreement for another year, to commence on July 1, 2008- New rate
Sheet(s) ariq attached.
Yours t
T rry
Presi dent
Encl. Union Rate Sheet, 7-1-08
245 Fischer Avenue, Ste. B-3, Costa Mesa, California 92626 • (714) 957-0233 • Fax (714) 540-1148
IGCI CONSTRUCTION 7/112008
EQUIPMENT_OPERAT RATE SCHEDULE
DESCRIPTION ___ -
FOREMAN PICK UP TRUCK 15.00 HOUR
CREW TRUCK -- _ _. -_- 30,00 HOUR --
INTL TRUCK TRACTOR W /.TRAILER 105.00 HOUR
-^
-
-
- --
SKIPLOADER
125.00
HOUR
4466 OR 446D BACKHOE LOADER
145.00
HOUR
555D OR 555E BACKHOEILOADER
- 135.00
HOUR
_
NEW HOLLAND BACKHOEtLOADER -
135.00
HOUR
936 WHEEL LOADER_
140,_00
HOUR
CAT 950 LOADER
140.00
HOUR
CAT 950 E LOADER -
145,00
HOUR
_
_
CAT 307 EXCAVATOR
140.00
HOUR
CAT 313 EXCAVATOR
160.00
HOUR
CAT 325 EXCAVATOR
185.00
HOUR
CAT 321 CLCR EXCAVATOR
CAT 235 EXCAVATOR
175.00
220,00
HOUR
HOUR
KOBELCO 3256 EXCAVATOR
220.00
HOUR
RING O MATIC POT HOLING MACHINE
400.00
DAY
HR
- _
ASHPHALTZIPPER v
250.00
HOUR
Plus Teeth
- u --
ARROWBOARD
98.00
DAY
BLADE - T _
550.00
DAY
_
Bare
WATER TRUCK
265.00
DAY
Bare
COMPACTION_ WHEEL
25.00
HOUR
- _
COMPRESSOR -
152.00
DAY
_ _
COMPRESSOR WtJACKHAMMER
228.00
DAY
2000 MULTIQUIP TOWABLE GENERATOR
205.00
DAY
HYDRAULIC BREAKER
LIGHTTOWER - -
43.00
92.0_0
HOUR
DAY
2000 LBS
_
WACKER
--f Zleman Trailer
92.00
f8.00
DAY
HOUR
4" trash pump & hoses
92.00
da
_
6x16 Trench Box
72.00
day
i
210.00 Wk
630,00 Mo
_
4 x 16 Trench Box
72.00
day
210.00 Wk
_
630.00 Me
_
8 x 24 Trench Box
168.00
DAY
500.00 Wk
1500.00 Mc -
LABOR RATES - -_
LABORER GRADING
LABORERSEWER
REGULAR IOVERTIME
51.55
_
69.11
DBL TIME
86.66
--
52.70_
-70,73
88.75
-_-
LABORER WATER_ -
51.65
69.24
- 86.84
-
-
PIPELAYER GRADING
55.09
74.40
93.72
--
-
PIPELAYER SEWER
56,33
76.17
96.01
-
PIPELAYER WATER
55.19
65.32
74.55
89.20
93.92
113.09
_
OPERATOR GRADING
OPERATOR SEWER
OPERATOR WATER
66.20
65.92
90.49
90.09
114.79
114.26
-- -
- --
T
FOREMAN GRADING
67.82
90.141
114.34
FOREMAN SEWER
68.74
91.45
116.06
-
FOREMAN WATER
68.461
_
91.04
1 15.53
i 1
AMENDMENT NO. 2
TO
PROFESSIONAL SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 10th day of July, 2008, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City ") and MIKE KILBRIDE, LTD., a
California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659-
8341 ( "Contractor"), and is made with reference to the following:
RECITALS
A. On September 12h, 2006, CITY and CONTRACTOR entered into an On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
scheduled to expire on June 30th, 2007.
B. On June 26th, 2007, City and Contractor entered into an Amendment No.
1 to extend the term of the Agreement to June 30th, 2008.
C. City desires to enter into this Amendment No. 2 to extend the term of the
Agreement to June 30th, 2009.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 2 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 2 and according to the Request to
Extend On -Call Services Agreement dated June 10, 2008, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 2 for all work performed from July 1, 2008, to June 30,
2009, shall be based on the attached Schedule of Billing Rates (Exhibit
By
3. The term of the Agreement shall be extended to June 30, 2009.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By :�
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
i
Edward Selich,
Mayor
for the City of Newport Beach
MIKE KILBRIDE, LTD.
M
Title: President
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
MI KE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
George:
Pleas extend our professional service agreement for another year to commence on 30`n
day of June, 2008.
Please note that there are rate changes for this contract from the previous year.
Please contact our office with any questions.
Thank you,
Mike Ubride
iw
�i1 jh
p�
June 10, 2008
r
(Cb
City of Newport Beach
George Murdoch
d£szsztzSt
Utilities Department
Re: Professional Services Agreement
George:
Pleas extend our professional service agreement for another year to commence on 30`n
day of June, 2008.
Please note that there are rate changes for this contract from the previous year.
Please contact our office with any questions.
Thank you,
Mike Ubride
iw
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
HOURLY RATE LIST
Hourly rate
Operated equipment
Minimum Charge
Backhoe with bucket
150.00
4 hours
Backhoe with hoepack
150.00
4 hours
Backhoe with hyd. breaker (HYRAM)
170.00
4 hours
Backhoe with compaction wheel
150.00
4 hours
Bobcat loader
150.00
4 hours
Bobcat breaker
170.00
4 hours
Pipefitters
Foreman & tool truck 105.00 4 hours
Pipefitter 65.00 4 hours
Laborer
Update 6/1/08
i
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
-N
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City ") and MIKE KILBRIDE, LTD., a
California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659-
8341 ( "Contractor "), and is made with reference to the following:
RECITALS
A. On September 12th, 2006, CITY and CONTRACTOR entered into an On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
scheduled to expire on June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30th, 2008.
C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1 ", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 1 and according to the Request to
Extend On -Call Services Agreement dated June 18, 2007, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2008, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
By.
Aaron . Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:V
4 4"
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corporation
By.
Steve Rosansky,
Mayor
for the City of Newport Beach
MIKE KILBRIDE, LTD.
5
13A. _ �,FMN
I
Title: President
Print Name: OW61 �
By:C�kx 4' I U'44r
(Financial Officer)
Title: Q..E AruR.�R
`
Print Name: Al cn*a
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
MIKE KILBRIDE, LTD.*
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 18, 2007
City of Newport Beach
George Murdoch
Utilities Department
Re: Professional Services Agreement
George:
EXfNBIf'A'
Please extend our professional services agreement for another year to commence on the
301h day of June, 2007.
Also, note that there are no rate changes for this contract from the previous year.
Please contact our office with any questions.
Thank
An 1� V you, j
Q "f
Mike Kilbride
MIKE KILBRIDE, LTD.
General Building &Engineering Contractors IT "B"
License 7384 IB
.00 C /�U�y� 1
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) $48 -1616
Loaders & Eamavators - 8 Hour Minimum move one
953. TRACK LOADER $ 13-z00 S250.00
963 TRACK LOADER $ 150.00 5400.00
950 RUBBER TIRE LOADER $ 136.00 $400.00
21.0 EXCAVATOR 20 Metric Ton Klass S 750.04 $400.00
210 EXCAVATOR with Thumb $175.00 $400.00
`MOVE ON & OFF PRICES APPLY Lowbed $110.D0 per hour outside Orange County
" BACKHOES- 4 Hour Afthi mum
BACKROE 4 WHEEL DRIVE
HY-RAM
HOE -PAC
BACKHOE/10 WHEEL COMBO
809 CATS - 4 Hourbknimyrn
T-200 RUBBER TRACK LOADER
BOBCAT LOADER
BOSCATBACKHOE
BOBCAT BREAKER
BOBCAT 110 WHEEL COMBO
BOBCAT/ BOBTAIL COMBO
BOBCAT/AUGER
BOBCAT WINCH
* TRUC/dIV6- 4 HourMinimum
10 WHEEL DUMP TRUCK
SEMI END DUMP
40 YARD & LOWSIDE CONTAINERS
" COMPRESSORS- 3 Hour Minimum
2 MAN COMPRESSOR
CONCRETE CUTTING- 2 Hoar Minimum
FLAT SAW + GOREDRILL
HAND SAW / AIR SAW
WALL SAW- 3 Hour Minimum
HYDRAULIC F"LATIHAND SAW
LABORERS - 4 Hour Minimum
LA13OR FOREMAN TRUCK & TOOLS
OENERAL LABORS
S 100A0
$ 150.00
$ 125.00
$ 12'5.00
$ 125.00
� 55.00
� 96.D0
$ 125.D0
$ 125.00
$ 100.00
$ 100.00
S1511.00
$ 76.00
$ $0.00
$ 450.00
$ 110.00
$ 110.00
$ 110.00
$ 125.Do
$ 125.00
$ 50.00
$ 33.00
x CaNSTRUC770N 3(TE CLEAN up SERVICE (Minimum $250.00) Exdudes Dump Fee
$100.00
S4S.00
5110.00
5110.00
$50.00
• 3r /OC C26
THE CRY OOUNGI
CRYOFNEWPORr8EA
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 6
June 26, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
George Murdoch, Acting Utilities Director
949 - 718 -3400 or gmurdoch (cDcitv.newport- beach.ca.us
SUBJECT: UNDERGROUND UTILITY SERVICE REPAIRS — APPROVAL OF
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENTS
RECOMMENDATION:
Approve Amendment No. 1 to Professional Services Agreement with GCI Construction,
Inc. and Amendment No. 1. to Professional Services Agreement with Mike Kilbride,
i LTD. for on -call underground utility repair services and authorize the Mayor and City
Clerk to execute the Amendments.
DISCUSSION:
On September 12, 2006, the City Council approved Professional Services with GCI
Construction, Inc. and Mike Kilbride, LTD., to provide as needed on -call underground
utility repair services on a time and materials basis based on the rate sheet shown in
Exhibit B. These amendments will lock in prices through June 30, 2008.
The scope of work for the on -call professional agreements being amended would
include the following services: underground utilities, storm drains, building and repairing
sewer laterals and mains; building and repairing water services including fire hydrants,
detector checks and backnow devices, street and grading improvements.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
Funding Availability:
Funding is available in various Maintenance and Operations Water, Wastewater and
General Funds (General Services) accounts. Periodically, a Capital Improvement
Account will be utilized, as necessary, to facilitate project expediency.
Onderground Repair Services — Apeval of Amendment No. 1
to Professional On -Call Service Agreements
June 26, 2007
Page 2
Expenditures more than $30,000 for an individual repair project will require a separate
City Council action in accordance with Policy F -14.
Prepared by:
C, - aJAA,�
Cindy Asher
Administrate anger
Attachments: Amendment No.
Amendment No
Submitted by:
GeorgdWurdoch
Acting Utilities Director
with GCI Construction, Inc.
with Mike Kilbride, LTD.
0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH GCI CONSTRUCTION, INC.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City") and GCI CONSTRUCTION,
INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa
Mesa, CA 92626 ( "Contractor"), and is made with reference to the following:
RECITALS
A. On September 12"', 2006, CITY and CONTRACTOR entered into a On-
Call Professional Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
..scheduled to expire on June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30"', 2008.
C. City and Contractor mutually desire to amend Agreement, hereinafter
` referred to as "Amendment No. I", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 1 and according to the Request to
Extend On -Call Services Agreement dated June 18, 2007, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2008, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
APPROVED AS TO FORM:
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
:, , ; .. .
0
CITY OF NEWPORT BEACH
A Municipal Corporation
By:
Steve Rosansky,
Mayor
for the City of Newport Beach
GCI CONSTRUCTION, INC.
Title: President
Print Nam: .
By:
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A — Request to Extend On -Call Services Agreement
Exhibit B — Schedule of Billing Rates
'Fri
•
COI4ISTRUCTION;(NC.
CITY OF NEWPORT BEACH
UTILITIES DEPARTMENT
Mr. George Murdoch
949 W. 16°i Street
Newport Beach, CA 92658
(949) 644 -3011 Fax (949) 646_5204
Re: Professional Service Agreement
Utility Repair Services
Dear Mr. Murdoch,
EXHIBIT W
General Engineering Contractor Ur- No. 755356
f.'.
June 18, 2007
Please extend the Professional Service Agreement for another year to commence on
July 1, 2007. Also note the rate increase on the attached sheet.
Yours
GCI C
D. G spie
10 f
245 FIISCHER AVEN A 5TE, g.3, COSTA MESA, CAL"RNLA 92626
(714) 957 -0233 FAX (714) 540 -1148
UCTI
_ OPE EQ R. SCHEDULE
CRtPTIONP
E
TRUCK
13.00 HOUR
_
29.00 HOUR
TORW /TRAILER
- 85.00 HOUR
SKIPLOADER-
119.00 HOUR
4468 OR 448D BACKHOFJLOADER
14"&00 HOUR
655D OR 555E BAC10i0E1LOADPR
135.00 HOUR
T55 BACKHOEJLOADER
_
13EOO HOUR
_
1998 HOLLA IV . BACCIiOFJLOADER
13D.00 HOUR
_ -
136 WHEEL LOADER-_... -
140.00 HOUR
:AT 950lOADER
130.00 HOUR
ZAT 950 E LOADER -
140.00 HOUR
J4T 888 LOADER • __ _ -__
_ 155 -00 HOUR
--
AT 307 EXCAVATOR
140.00 HOUR
_ --
AT ill 3 EXCAVATOR _
180.00 HOUR
AT 320 EXCAVATOR
HOUR
4T 235 EXCAVATOR
.17,1400
190.00 HOUR
--
1T245E7KCAVA"
224,00 HOUR
4 Dozer _ -_
160_00 HOUR
1BELCO 3258 EXCAVATOR
_
188.00 HOUR
iG O NtAITC POTHOLING MACHINE
_ 400.00 DAY
80.00 HR
HPHALTZIPPF82
244.00 HOUR
Plus Teeth -
SE VIBRATORY BOILER
80.10 HOUR
- - --
ROWBOARD _ -� -
9200 DAY
-
_
1DE
550.00 DAY
TER TRUCK
23 &00 DAY
Barn
APACTION WHEEL
27- 00 HOUR
IPRESSOR _
152 00 DAY
- -
[PRESSOR WMACIGIAMMER
228,00 DAY
MULTIQUIP TOWABLE GENERATOR
205 00 DAY
Q 4ULIC BREAKER
43 00 HOUR
2000 LBS
TTOWER _ -
82,00 DAY
!R - ---- --
92.00 DAY
m Troffer � -- • - -
-
- - -
18.00 HOUR
- - -
?tp�m & hoses
VZQO dew
french Box
72.00 da
210.00 Wk 630.00_Mo
Trench_ - - -
_
72 00 d
210.00 VVIc 630.00 Mo -
Trench Box __ _ _
OR RATES_-
188,00 DAY
500.00 Wk IWM00 Mo
_ _
REGULAR ovERTIME
DBLTIME
tERGRADINO
47.98 64.01-
--
tERSEWER -
48,74 65.11
81A8 -
Fi2 WATER
48.47 64.73
_ _ _ -
00.89
,YER GRADING
5101 69,18
_
52.93
YERSEWER
52.26 70.38
8440 -- --
YER WATER _
-
51.87 69.98
83.90
rOR GRADING
-
58,72 80.59
I - 46
POR SEWER _
80.12 8264
_
103.16
•OR WATER
'OR
W GRADING
59.66 87-00
80 82 80.59
106 32
142 45
iN SEINER
_
62.07 82.84
_105.16
N WATER
" 81.62 8200
_
_ 104.32 -
I
0 0
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
WITH MIKE KILBRIDE, LTD.
FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES
THIS AMENDMENT NO. 1 TO PROFESSIONAL SERVICES AGREEMENT, entered
into this 26th day of June, 2007, by and between the CITY OF NEWPORT BEACH, a
municipal corporation, (hereinafter referred to as "City") and MIKE KILBRIDE, LTD., a
California corporation whose address is P.O. Box 3341, Newport Beach, CA 92659-
8341 ( "Contractor"), and is made with reference to the following:.
RECITALS
A. On September 12"', 2006, CITY and CONTRACTOR entered into an On-
Call Professional • Services Agreement, hereinafter referred to as
"Agreement ", for Underground Utility Repair Services. This Agreement is
schedtiled to expire on June 30th, 2007.
B. City desires to enter into this Amendment No. 1 to extend the term of the
Agreement to June 30"', 2008.
j C. City and Contractor mutually desire to amend Agreement, hereinafter
referred to as "Amendment No. 1", as provided here below.
NOW, THEREFORE, the parties hereto agree as follows:
1. Contractor shall perform various underground utility repair services
pursuant to this Amendment No. 1 and according to the Request to
Extend On -Call Services Agreement dated June 18, 2007, attached
hereto as Exhibit A.
2. Compensation to the Contractor for services performed pursuant to this
Amendment No. 1 for all work performed from July 2, 2007, to June 30,
2008, shall be based on the attached Schedule of Billing Rates (Exhibit
B).
3. The term of the Agreement shall be extended to June 30, 2008.
4. Except as expressly modified herein, all other provisions, terms, and
covenants set forth in Agreement shall remain unchanged and shall be in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on
the date first above written.
0
APPROVED AS TO. FORM:
By: C't -_c GL—�
Aaron 6. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By:
LaVonne Harkless,
City Clerk
0
CITY OF NEWPORT BEACH
A Municipal Corporation
Steve Rosansky,
Mayor
for the City of Newport Beach
MIKE KILBRIDE, LTD.
By:
Title: President
Print Name: ;
(Financial Officer)
Title:
Print Name:
Attachment: Exhibit A - Request to Extend On -Call Services Agreement
Exhibit B - Schedule of Billing Rates
0 MIKE KILBRIDE, LTD. 0
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 18, 2007
City of Newport Beach
George Murdoch
Utilities Department
Re: Professional Services Agreement
George:
WjBffw
Please extend our professional services agreement for another year to commence on the
30'h day of June,-2007.
Also, note that there are no rate changes for this contract from the previous year.
Please contact our office with any questions.
Thank you,
�.�
Mike Kilbride
i 0
MIKE KILBRFDE, LTD.
General Building & Engineering Contractors
License 738400 EXHIBIT j�l�a P.O. Box 3341 Y
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
*
Loaders & Excavators - 8 Hour MkImum move onloff
9S3. TRACK LOADER 135.00 Szsa.w
963 TRACK LOADER $ 150.00 54u0Ao
950 RUBBER TIRE LOADER $ 136.00 8400.00
210 EXCAVATOR 20 Motdr- Ton. Class g 750.00 $400.00
210 EXCAVATOR with Thumb gir5.aa $400.00
-MOVE ON & OFF PRICES APPLY Lowbed $110.00.per.hour outside Orange County .
" BACKHO,ES 4 Hour Al'kawam
,BACKH.OE 4 WHEEL DRIVE
HY -RAM
HOE -PAC
BA.CKHOEf10 WiJEEL COMBO
809CA,TS - 4. Hmq-6iprfnwm
T-200 RUBBER TRACK LOADER
BOBCATLOADER
BOBCAT BACKHOE
SOBCAT BREAKM
BOBCAT 110 WHEEL COMBO
BOBCATI BOBTAIL COMBO
BOBCATIAUGER
BOBCAT WINCH
TRUCXWG- 4Hourilfinimum
10 WHEEL DUMP'TRUCK
SEMI END DUMP
40'YARO & LOWSIDE CONTAINERS
"
COMPRESSORS- 3 HeimMfrrimum
2 MAN COMPRESSOR
CONCRETE CUTTING- 2 Hoerr Minimum
FLAT SAW + VOREDPJLL
HAND SAW I AIR SAW
WALL SAW - S Hour Minimum
HYDRAULIC FLAT/HAND.SAW
LABOPXRS - 4 HourMTnfmum
LABOR FOREMAN TRUCK & TOOLS
OENERAL LABORS
* CONSrRUCTIOtY sfrE CLEAN UP SFRWCE
Moxa
$ 1.00.00
$1 0.00
125.00
595.00
� 125.00
$ 95,00
S 95.00
$ 125.00
$ 125.00
$ 100.00
$ 100.00
$ 150.00
78.00
S 90.00
$ 450.00
SY 10.00
$ 110.00
sti0.0o
$ 110.00
$ 110.00
$ 125.00
$ 125.00
MAC
$ SQ.00
� 35.00
(Minimum $250.00) Excludes Dump Fee
•h y
i C, 3 kF 1
PROFESSIONAL SERVICES AGREEMENT WITH
MIKE KILBRIDE, LTD. FOR ON -CALL
EMERGENCY UNDERGROUND UTILITY REPAIRS
THIS AGREEMENT is made and entered into as of this 12th day of September,
2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City "), and 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. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for emergency underground utilities
services in regards to City infrastructure.
C. City desires to engage Contractor to perform on -call emergency underground
utilities services in various locations and for various City infrastructure.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project shall be Mike
Kilbride.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2007, unless terminated earlier as set forth
herein.
2. SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" emergency underground utilities services as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Project Administrator, Contractor shall provide
a letter proposal for services requested by the City (hereinafter referred to as the
"Letter Proposal "). The Letter Proposal shall include the following:
(a) A detailed description of the services to be provided;
(b) The position of each person to be assigned to perform the services,
and the name of the individuals to be assigned, if available;
(c) The estimated number of hours and cost to complete the services;
(d) The time needed to finish the project.
No services shall be provided until the Project Administrator has provided written
acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement and
the services shall be performed to completion in a diligent and timely manner.
The failure by Contractor to perform the services in a diligent and timely manner
may result in termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due
to causes beyond Contractor's reasonable control. However, in the case of any
such delay in the services to be provided for the Project, each party hereby
agrees to provide notice to the other parry so that all delays can be addressed.
3.1 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than ten (10) calendar days
after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond
Contractor's control.
3.2 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the
circumstances, by telephone, fax, hand - delivery or mail.
4. COMPENSATION TO 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.
2
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.
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 Mike Kilbride 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.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. Pete Antista
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
4
i •
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
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, contractors,
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
5
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and/or his /her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
2
0 0
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work. Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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
0 0
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Contractor shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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.
:u7
0
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
B. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint- venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon written request.
6
0 0
Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
10
0 0
21. RECORDS
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor to this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Contractor shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor
shall not discontinue work as a result of such withholding. Contractor shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Contractor shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and/or
restoration expense shall be borne by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
11
0 0
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Contractor shall indemnify and hold harmless City for
any and all claims for damages resulting from Contractor's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from
Contractor to City shall be addressed to City at:
Pete Antista
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949 - 644 -3011
Fax: 949 -646 -5402
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Mike Kilbride
Mike Kilbride, LTD
P.O. 3341
Newport Beach, CA, 92659 -8341
Phone: 949 - 548 -0106
Fax: 949 -548 -1616
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
12
steps necessary to cure such default, the non - defaulting party may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
13
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
36. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
14
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:
X C -
Aaron C. Harp,
Assistant City Attorney
for the City of Newport Beach
ATTEST:
By: 6%i A /
Y
LaVonne Harkless,
City Clerk
CITY OF NEWPORT BEACH
A Municipal Corpor ti
By:
Don Webb,
Mayor
for the City of Newport Beach
CONTRACTOR:
By:
(Corporate Officer)
Title:—P L�
Print Name:11'ke-
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A - Statement of Qualifications
Exhibit B - Schedule of Billing Rates
F:\users\cat\shared\Ag\On-Call\Mike Kilbride.doc
15
'Pram: • 06/2006 08:01 #165 P.001
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 22, 2006
Ed Burt
Fax(949)646 -5204
Re: On Call Agreement
Ed:
Our scope of work for this type of service includes:
IXHRIf'A'
r• Building and repairing sewer laterals and mains
Building and repairing water services including fine hydrants, detector checks,
backftow devices
Repair roadways
Install & relocation of SCE facilities
Attached is an Emergency Agreement you may use as an example.
Feel free to contact me at (949)548 -0106 if you have any questions.
Thank you,
Mike Kilbride
'From: 1 • 06/2006 08:02 #165 P.009
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
EXHIBIT 111
* Loaders & Excavators - 8 Hour Minimum No" On/Of
963.TRACK LOADER $ 135.00 S250,00
963 TRACK LOADER $ 150.00 UWA0
950 RUBBER TIRE LOADER $ 136.00 $400.00
240 EXCAVATOR 20 Msbic Ton Class $ 150,00 S400Ao
210 EXCAVATOR With Thumb $175.00 $�W.00
'MOVE ON S OFF PRICES APPLY Lowbed $110.00 per hour outside Orange County
BACKHOES- 4 Hour Minimum 5106A0
13ACKH.OE 4 WHEEL DRIVE $ 100.00
HY RAM $ 150.00
HOE -PAC $ 12x`.00
BACKHOEM0 WHEEL COMBO $ 12,5.00
BOBCATS - 4, How„ MEnimyfn
s95 00
T-200 RUBBER TRACK LOADER
$ 125.00
BOBCAT LOADER
$ 96.00
BOBCAT BACKHOE
$ 86.00
BOBCAT BREAKER
$ 123.00
BOBCAT 110 WHEEL COMBO
$ 125.00
BOBCATI 8013T41L COMBO
$ 100.00
BOBCAT f AUGER
$ 100.00
BOBCAT WINCH
S150.00
* TRUCKING- 4 HourMinimum
10 WHEEL DUMP TRUCK $ 76.00
SEMI END DUMP $ $0.00
40 YARD & LOWSIDE CONTAINERS $ 480.00
" COMPRESSORS. S Hour Minimum $110.00
2 MAN COMPRESSOR $ 11D.00
* CONCRETE CUTTING- 2 Hour Minimum $110.00
FLAT SAW + GOREDRILL $ 110.OD
HAND SAW 1 AIR SAW $ 110.OD
WALL SAW 3 Hour Minimum $ 125.00
HYDRAULIC FLATIHAND SAW $ 12G.00
' LABORERS - 4 Hour Minimum $80.00
LABOR FOREMAN TRUCK & TOOLS $ 60.00
OENERAL LABORS S 33.00
* CONSTRUCTION SITE CLEAN UP SERVICE (Minimum $250.00) Excludes Dump Fee
US 7-2006' 04:06Dm From-
T-063 P- 001/001 F -017
AGORD� CERTIFICATE OF LIABILITY INSURANTE
DA a oull000
PRODUCER
M. L. ADAMS INSURANCE SERVICES
61 Oi P LA PALMA AVE., SUITE 206
ANAHEIM HILLS CA 92807
THIS CERTIFICATE 15 ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC S
282
INSURED
INSURERA Gemini Insurance Cc
MINE ICILBRIDE, LTD-
P.O. BOX 3941
INSURER &
VCGPOI1758
INSURER
10(90106
NEWPORTBEACH CA 92858
INSURER D:
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1MSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REOUIRFMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WATH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE NSUAANOE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE I MITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS,
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WLLENDEAVOATO MAIL88 DAYS
WRITTEN NDTICB TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUrFAILURE
7000 SO SHALL IMPOSE NO OBU3ATION OR LIABILITY OFANYXINO UPON THE INSURER
ITS AGENTS OR RrPRESSWATNEB,
NEWPORTBFACH CA 92BU
Attention:/[J.
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TYPE OF INSURANCE
POLICY NUMBER
f ETRNITNH
NroLro1INIPIRATNNI
LMATI9 Y
GENERAL
Limon
VCGPOI1758
10190M
10(90106
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COMMERCIAL GENERAL LIABILITY
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POLICY jEoTT LOG
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OTHER:
DESCRIPTION OF OPERA71ONS /LOCATIONSIVEHICLEWFXCLUSIONS ADDED BY ENDORSEMENT( SPECIAL PROVISIONS
TEN DAY NOTICE OF CANCELLATION WILL BE GIVEN FOR NON PAYMENT OF PREMIUM.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER FORM VE 0182 03 04 ATTACHED.
CERTIFICATE
CANCELLATION
CITY OF NEWPORT BEACH
5900 NEWPORT BEACH BLVD
P O BOX 1768
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WLLENDEAVOATO MAIL88 DAYS
WRITTEN NDTICB TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUrFAILURE
7000 SO SHALL IMPOSE NO OBU3ATION OR LIABILITY OFANYXINO UPON THE INSURER
ITS AGENTS OR RrPRESSWATNEB,
NEWPORTBFACH CA 92BU
Attention:/[J.
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AUTHORIZED REPRESENTA7NE
I el I e)Atlaias
25 t2UANN0a) L:ennoste s 5997 0ACORD CORPORATION 1998
0
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Named Insured: Mike Kilbride Ltd. VE 182 03 04
Policy: VCGP009846 Effective Date: 10 -30 -04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
A: Section II — Who is An Insured is amended to include as an insured any person or
organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization
is an additional insured but only with respect to liability caused by your ongoing operations
Performed for that insured. A person's or organization's status as an insured under this
endorsement ends when your operations for that insured are completed. This insurance
does not apply to liability caused by the sole negligence of any additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions applies:
This insurance does not apply to:
1. The preparing, approving, of failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
and
2. Supervisory, inspection, architectural or engineering activities.
' • CERTIFICATE OF INSURANCE •
This cerrfies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
Insures the following wlicyhokler for the coverages indicated below
Name of porwyl older MIKE KILBRIDE
Address ofpo6yholder P.O- BOX 3341, NEWPORT BEACH, CA 92659
Location of ope ations BLUE HERON #56 SHADY CANYON
Description of 0 oerations
�VVL
The policies listed br low have been issued to the policyholder for the policy periods shown. The insurance described in these polices is
subject to all the terms exclusions, and conditions of those poficies. The limits of frabiTdy shown may have been reduced by any paid cialms.
POLICY NUMBEF .
TYPE OF INSURANCE
POLICY PERIOD
I Effective Date ? Expiration Date
UNITS OF LIABILITY
(at beginning of policy period)
Comprehensiva
BODILY INJURY AND
Business Liebikty
PROPERTY DAMAGE
This insurance induct' ms:
-- - - - - --
❑ Products - Completed Operations
❑ Contractual Liability
❑ Underground Hazard Coverage
I Each Occurrence $
❑ Personal Injury
❑ Advertising Injury
General Aggregate $
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage
Products — Completed S
❑
Operations Aggregate
POLICY PERIOD
BODILY INJURY AND PROPERTY DAMAGE
EXCESS LIABILITY
Effective Date : E» Date
(Combined Single Limit)
Q Umbrella
Each Occurrence S
❑ Other
Aggregate S
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers' Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit S
POLICY PERIOD
LIMITS OF LIABILITY
POLICY NUMBER
TYPE OF INSURANCE
Effective Date ; Expiration Date
(at beginning of policy period)
P45- 8785=- A01 -75
AUTOMOBILE
07/01/05 07/01/06
$1,000,000
THE CERTIFICATE 0 F INSURANCE
IS NOT A CONTRACT
OF INSURANCE AND NEITHER
AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policips are canceled before
its expiration diate, State Farm wjll try to FMP a wri(ten
notice to the cartifitcate holder .30 days belbre
dame and Address of Certificate Holder cancellation. If however, we fail to ail such notice,
CITY OF NEWPORT 7 BEACH
no obligation or liability will be imposed on State
e or
ifs geMs Vas.
3300 NEWPORT BE2V H BLVD, Farm
P.O. BOX 1760
NEWPORT SEACH, C7, 92658
.r�rr rnRw KEG I•" ^UPV ^NRFNNAN, IFCU,Age
Worse 0 6fi'l8W
AFO R* Farm lrvsutaaceommllbs
rN511RANt1,�, 271m7"-6`r" jgwhpMvy
1.
558-094 as 04-19M P0155 in U.SA.
• CERTIFICATE OF INSURANCE.
This oeMes that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
Insures the fogowing . wricyholder for fire coverages Indicated below.
Name of POW Older MIKE nLBRIDE
Address of Polk yAok6r
Location of ope afions
Description of a oeraiions
P.O. BOX 3341, NEWPORT BEACH, CA 92659
BLUE HERON #56 SHADY CANYON
The policies listed b4 low have been issued to the
subject to all the term r exclusions, and conditions o
POLICY NUMBEF
':G' -------------- ----- - ---
s insurance induct s_
POLICY NUMBER
TYPE OF INSURANCE
for the policy
is. The limits c
7— ILw
❑ Contractual Liability
❑ Underground Hazard Coverage
❑ Personal Injury
❑ Advertis 4-g irqury
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage
EXCESS LIABILITY
Umbrella
Other
Workers' Compensation
and Employers Liao Ky
TYPE OF INSURANCE
POLICY
� VVJ
shown. The insurance described in these policies is
shown may have been reduced by any paid claims.
LIMITS OF LIABILITY
13UDILY INJURY AND
PROPERTY DAMAGE
General Aggregate
Products — Completed $
Operations Aggregate
BODILY INJURY AND PROPERTY
tale (Combined Single Limifj
Each Occurrence $
Part 2 BODILY INJURY
Each Accident
Disease Each Employee
Disease - Poky limit
P45- 8785=— A01 -75 I AUTOMOBILE 1 07/01/04 07/01/05 1 $1,000,000
LIABILITY
THE CERTIFICATE O' INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY
AMENDS, EXTENDS, )R ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described policies are canceled before
its expiration date. Stale Farr will try to mail a written
notice to the certificate holder 3D days before
I lame and Address of Certificate Holder cancellation. If however, we fad to mail such notice,
CITY no obligation or liability wig be imposed on State
3300 OF NEWPORT E EACH F Or Its agents representatives
NEWPORT BEACH BLVD. %�
P.O. BOX 1768
NEWPORT BEACH, CP 92658
559994 e.3 04-1999 Prnlee in USA
1' OAR b.k,5� .+-ittit",CMAyc':,
AM ft UMNC, �tateKermmsmancecompaefes
r 47rfi76 fi2fIl Ai3(y21l PaWy
f p;:fth Plaza
hA:SS10fIY1410,CA 9�1
C'i9) »r an
0
CERTKOIDERCOPY SG
STATE P.O. BOX 420607, SAN 'FRANCISCO,CA 94142, -0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 03 -15 -2006 GROUP:
POLICY NUAAEER: 1$62825 -2005
CERTIFICATE O: 510
CERTIFICATE EXPIRE 103q,1 -2040
to- 01-2t�'10 t -oft
THIS c&ftPICATE SUPERSEDES AND CORRECTS
CERTIFICATE Y 116 BATED 10-01 -2005
CITY OF NEWPORT BEACH SG
PO BOR 1768
NEWPORT BEACH CA 82658 -8915
This is to eartify, that we have issued a valid Workers' Compensation eisuranee policy in a form approved by the
California insurance Commissioner to the emplover narned below for the policy period indicated.
This policy is not subject to cancellation by One Fund except upon30 days advance written notice to the empktyer.
We will also give you 30days advance notice should this policy be cancelled prior to Its normal exph'atlon.
This certificate of Insurance Is not an insurance policy and does not amend, extend or after the coverage afforded
by tha policy listedhorein. Notwithstanding any requirement, term or condition of any contract or other document
with respect to which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the tomes. exclusions, and conditions, of such policy.
RIZE3 REPRESENTAT PRESIOENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0045 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2001 -10 -01 IS
ATTACHED TO AND FORKS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF NEWPORT BEACH
ENDORSEMENT 01600 - MIKE KILBRIDE PRES TRES SEC - EXCLUDED.
ENDORSEMENT #1600 - BRAD ROSTER VP - EXCLUDED.
- NDORSEMENT 02065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 10 -01 -2003 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY,
EbWLOYER
MIKE KILBRIDE.LTD DBA:COAST WATER AND POWER
PO BOX 3361
NEWPORT BEACH CA 92058
PIADAM
way.a -osl PRINTED : 03 -15 -2006
0 larch 15, 2006
MA
me Joan r5onc Carta ete Department - Ingnd
Fm. (949) 646 -5204 rages; Cover+ 1
Pbone: page: March 15, 2006
Re: Cerfiticates of Insurance [xr
Uument OForRemw Opreasecomment OrleaseRepry ONemseRacyere
a Comments: For faster service, please list your e-rrrail address on your certificate
request.
Affached is the certificate(s) of insurance for Mike K bride DBA Coast Water &
Power. A hard copy will be sent via the U.S. Mail.
idl
• page 2
SDI 1 2 1IN
C -3� s3
CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 9
September 12, 2006
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Utilities Department
Pete Antista, Utilities Director
949 - 718 -3400 or pantista @city.newport- beach.ca.us
SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE,
LTD. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY
REPAIRS
ISSUES:
Should the City execute a Professional Services Agreement with Mike Kilbride, LTD. for
on -call emergency underground utility repairs?
RECOMMENDATION:
Authorize the Mayor to approve the Agreement with Mike Kilbride, LTD. for emergency
underground utility repairs on an on -call basis.
DISCUSSION:
A request for qualifications for on -call services was requested of Mike Kilbride, LTD.
Due to the nature of an emergency requiring immediate repair work, staff is
recommending approval of an on -call agreement with Mike Kilbride, LTD., to provide °as
needed" emergency underground repair services on a time and materials basis based
on the rate sheet shown in Exhibit B. This agreement will formalize on -call emergency
services with Mike Kilbride, LTD., and will lock in prices through June 30, 2007.
The scope of work for this emergency on -call professional agreement would include the
following services: building and repairing sewer laterals and mains; building and
repairing water services including fire hydrants, detector checks and backflow devices.
Environmental Review:
This action requires no environmental review, as it is not a project pursuant to CEQA.
• •
Emergency Underground Utility Repairs
Approval of On -Call Professional Service Agreement
September 12, 2006
Page 2
Fundino Availability:
Funds for emergency repairs are available as follows:
Water — 5500 -8160 and 7501 C- 5500074
Wastewater — 5600 -8160 and 7531 C5600292
Expenditures more than $30,000 for an individual project will require a separate City
Council action in accordance with Policy F- 14.these services are available
Prepared by:
Cindy��
Administrative Manager
Submitted by:
Pete Antista
Utilities Director
Attachments: On -Call Professional Services Agreement
0
PROFESSIONAL SERVICES AGREEMENT WITH
MIKE KILBRIDE, LTD. FOR ON -CALL
EMERGENCY UNDERGROUND UTILITY REPAIRS
THIS AGREEMENT is made and entered into as of this 12th day of September,
2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation
( "City"), and 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. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now
being conducted under the statutes of the State of California and the Charter of
City.
B. City has a need for on -call assistance for emergency underground utilities
services in regards to City infrastructure.
C. City desires to engage Contractor to perform on -call emergency underground
utilities services in various locations and for various City infrastructure.
D. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement.
E. The principal member of Contractor for purposes of Project shall . be Mike
Kilbride.
F. City has solicited and received a proposal from Contractor, has reviewed the
previous experience and evaluated the expertise of Contractor, and desires to
retain Contractor to render professional services under the terms and conditions
set forth in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
Parties as follows:
1. TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June, 2007, unless terminated earlier as set forth
herein.
3
2.
3.
4.
0 41
SERVICES TO BE PERFORMED
Contractor shall provide "On -Call" emergency underground utilities services as
described in the Statement of Qualifications attached as Exhibit "A." Upon
verbal or written request from the Project Administrator, Contractor shall provide
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.
TIME OF PERFORMANCE
Time is of the essence in the perfonmance 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.
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.
2
I
0 0
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.
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
0 0
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 Mike Kilbride 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.
6. ADMINISTRATION
This Agreement will be administered by the Utilities Department. Pete Antista
shall be the Project Administrator and shall have the authority to act for City
under this Agreement. The Project Administrator or his/her, authorized
representative shall represent City in all matters pertaining to the services to be
rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
In order to assist Contractor in the execution of its responsibilities under this
Agreement, City agrees to, where applicable:
A. Provide access to, and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such
materials in a timely manner so as not to cause delays in Contractor's
work schedule.
B. Provide blueprinting and other services through City's reproduction
company for bid documents. Contractor will be required to coordinate the
required bid documents with City's reproduction company. All other
reproduction will be the responsibility of Contractor and as defined above.
C. Provide usable life of facilities criteria and information with regards to new
facilities or facilities to be rehabilitated.
8. STANDARD OF CARE
8.1 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
2
0 0
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
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, contractors,
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
5
action on or to enforce the terms of this Agreement. This indemnity shall apply
to all claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the amount of
indemnification to be provided by the Contractor.
10. INDEPENDENT CONTRACTOR .
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the work are under the control of Contractor, except to the extent
they are limited by statute, rule or regulation and the expressed terms of this
Agreement. Nothing in this Agreement shall be deemed to constitute approval
for Contractor or any of Contractor's employees or agents, to be the agents or
employees of City. Contractor shall have the responsibility for and control over
the means of performing the work, provided that Contractor is in compliance with
the terms of this Agreement. Anything in this Agreement that may appear to give
City the right to direct Contractor as to the details of the performance or to
exercise a measure of control over Contractor shall mean only that Contractor
shall follow the desires of City with respect to the results of the services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or
interest in the work to be performed. City agrees to cooperate with the
Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and project
direction with City's Project Administrator in advance of all critical decision points
in order to ensure the Project proceeds in a manner consistent with City goals
and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his/her
duly authorized designee informed on a regular basis regarding the status and
progress of the work, activities performed and planned, and any meetings that
have been scheduled or are desired.
N.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of work, Contractor shall obtain, provide and maintain at its own expense during
the term of this Agreement, a policy or policies of liability insurance of the type
and amounts described below and in a form satisfactory to City.
A. Certificates of Insurance. Contractor shall provide certificates of
insurance with original endorsements to City as evidence of the insurance
coverage required herein. Insurance certificates must be approved by
City's Risk Manager prior to commencement of performance or issuance
of any permit. Current certification of insurance shall be kept on file with
City at all times during the term of this Agreement.
B. Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
C. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner
to transact business of insurance in the State of California, with an
assigned policyholders' Rating of A (or higher) and Financial Size
Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
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
7
`)
other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed
under this Agreement, or the general aggregate limit shall be at
least twice the required occurrence limit.
3. Automobile Liability Coverage. Contractor shall maintain
automobile insurance covering bodily injury and property damage
for all activities of the Contractor arising out of or in connection with
work to be performed under this Agreement, including coverage for
any owned, hired, non -owned or rented vehicles, in an amount not
less than One Million Dollars ($1,000,000) combined single limit for
each occurrence.
4. Professional Errors and Omissions Insurance. Contractor shall
maintain professional errors and omissions insurance, which
covers the services to be performed in connection with this
Agreement in the minimum amount of One Million Dollars
($1,000,000).
D. Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
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.
8 ip
0 0
vi. The insurance provided by this policy shall not be suspended,
voided, canceled, or reduced in coverage or in limits, by either
party except after thirty (30) days written notice has been received
by City.
A. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claim made or suit instituted arising out of or resulting from Contractor's
performance under this Agreement.
B. Additional Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
work.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following
shall be construed as an assignment: The sale, assignment, transfer or other
disposition of any of the issued and outstanding capital stock of Contractor, or of
the interest of any general partner or joint venturer or syndicate member or
cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy,
which shall result in changing the control of Contractor. Control means fifty
percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more
of the assets of the corporation, partnership or joint- venture.
16. SUBCONTRACTING
The parties recognize that a substantial inducement to City for entering into this
Agreement is the professional reputation, experience and competence of
Contractor. Assignments of any or all rights, duties or obligations of the
Contractor under this Agreement will be permitted only with the express written
consent of City. Contractor shall not subcontract any portion of the work to be
performed under this Agreement without the written authorization of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by
Contractor, its officers, employees, agents and subcontractors, in the course of
implementing this Agreement, shall become the exclusive property of City, and
City shall have the sole right to use such materials in its discretion without further
compensation to Contractor or any other party. Contractor shall, at Contractor's
expense, provide such Documents to City upon written request.
I
Documents, including drawings and specifications, prepared by Contractor
pursuant to this Agreement are not intended or represented to be suitable for
reuse by City or others on any other project. Any use of completed documents
for other projects and any use of incomplete documents without specific written
authorization from Contractor will be at City's sole risk and without liability to
Contractor. Further, any and all liability arising out of changes made to
Contractor's deliverables under this Agreement by City or persons other than
Contractor is waived against Contractor and City assumes full responsibility for
such changes unless City has given Contractor prior notice and has received
from Contractor written consent for such changes.
18. COMPUTER DELIVERABLES
CADD data delivered to City shall include the professional stamp of the engineer
or architect in charge of or responsible for the work. City agrees that Contractor
shall not be liable for claims, liabilities or losses arising out of, or connected with
(a) the modification or misuse by City, or anyone authorized by City, of CADD
data; (b) the decline of accuracy or readability of CADD data due to inappropriate
storage conditions or duration; or (c) any use by City, or anyone authorized by
City, of CADD data for additions to this Project, for the completion of this Project
by others, or for any other Project, excepting only such use as is authorized, in
writing, by Contractor. By acceptance of CADD data, City agrees to indemnify
Contractor for damages and liability resulting from the modification or misuse of
such CADD data. All original drawings shall be submitted to City in the version
of AutoCAD used by City in ".dwg" file format on a CD, and should comply with
the City's digital submission requirements for Improvement Plans. The City will
provide AutoCAD file of City Title Sheets. All written documents shall be
transmitted to City in the City's latest adopted version of Microsoft Word and
Excel.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the services in this Agreement, shall be kept
confidential unless City authorizes the release of information.
20. INTELLECTUAL PROPERTY INDEMNITY
The Contractor shall defend and indemnify City, its agents, officers,
representatives and employees against liability, including costs, for infringement
of any United States' letters patent, trademark, or copyright infringement,
including costs, contained in Contractor's drawings and specifications provided
under this Agreement.
1m
10
21. RECORDS
0
Contractor shall keep records and invoices in connection with the work to be
performed under this Agreement. Contractor shall maintain complete and
accurate records with respect to the costs incurred under this Agreement and
any services, expenditures and disbursements charged to City, for a minimum
period of three (3) years, or for any longer period required by law, from the date
of final payment to Contractor to this Agreement. All such records shall be
clearly identifiable. Contractor shall allow a representative of City to examine,
audit and make transcripts or copies of such records during regular business
hours. Contractor shall allow inspection of all work, data, documents,
proceedings and activities related to the Agreement for a period of three (3)
years from the date of final payment under this Agreement.
22. WITHHOLDINGS
City may withhold payment of any disputed sums until satisfaction of the dispute
with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor
shall not discontinue work as a result of such withholding. Contractor shall have
an immediate right to appeal to the City Manager or his designee with respect to
such disputed sums. Contractor shall be entitled to receive interest on any
withheld sums at the rate of return that City earned on its investments during the
time period, from the date of withholding of any amounts found to have been
improperly withheld.
23. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional
inexperience of Contractor which result in expense to City greater than what
would have resulted if there were not errors or omissions in the work
accomplished by Contractor, the additional design, construction and/or
restoration expense shall be bome by Contractor. Nothing in this paragraph is
intended to limit City's rights under any other sections of this Agreement.
24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other Contractors in connection with the Project.
25. CONFLICTS OF INTEREST
The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act"), which (1) requires such
persons to disclose any financial interest that may foreseeably be materially
affected by the work performed under this Agreement, and (2) prohibits such
11 13
0 0
persons from making, or participating in making, decisions that will foreseeably
financially affect such interest.
If subject to the Act, Contractor shall conform to all requirements of the Act.
Failure to do so constitutes a material breach and is grounds for termination of
this Agreement by City. Contractor shall indemnify and hold harmless City for
any and all claims for damages resulting from Contractor's violation of this
Section.
26. NOTICES
All notices, demands, requests or approvals to be given under the terms of this
Agreement shall be given in writing, and conclusively shall be deemed served
when delivered personally, or on the third business day after the deposit thereof
in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands,. requests or approvals from
Contractor to City shall be addressed to City at:
Pete Antista
Utilities Department
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA, 92658 -8915
Phone: 949- 644 -3011
Fax: 949- 646 -5402
All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Mike Kilbride
Mike Kilbride, LTD
P.O. 3341
Newport Beach, CA, 92659 -8341
Phone: 949 - 548 -0106
Fax: 949 -548 -1616
27. TERMINATION
In the event that either party fails or refuses to perform any of the provisions of
this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not
cured within a period of two (2) calendar days, or if more than two (2) calendar
days are reasonably required to cure the default and the defaulting party fails to
give adequate assurance of due performance within two (2) calendar days after
receipt of written notice of default, specifying the nature of such default and the
12 Iii
0 0
steps necessary to cure such default, the non - defaulting parry may terminate the
Agreement forthwith by giving to the defaulting party written notice thereof.
Notwithstanding the above provision, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving
seven (7) calendar days' prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily
performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all reports and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
28. COMPLIANCE WITH ALL LAWS
Contractor shall at its own cost and expense comply with all statutes,
ordinances, regulations and requirements of all governmental entities, including
federal, state, county or municipal, whether now in force or hereinafter enacted.
In addition, all work prepared by Contractor shall conform to applicable City,
county, state and federal laws, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
29. WAIVER
A waiver by either party of any breach, of any term, covenant or condition
contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
30. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties hereto, and all preliminary negotiations
and agreements of whatsoever kind or nature are merged herein. No verbal
agreement or implied covenant shall be held to vary the provisions herein.
31. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement
and the Scope of Services or any other attachments attached hereto, the terms
of this Agreement shall govern.
13 )5
32. AMENDMENTS
This Agreement may be modified or amended only by a written document
executed by both Contractor and City and approved as to form by the City
Attorney.
33. SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise
unenforceable by a court of competent jurisdiction, the remaining provisions of
this Agreement shall continue in full force and effect.
34. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters
relating to it and any action brought relating to this Agreement shall be
adjudicated in a court of competent jurisdiction in the County of Orange.
35. EQUAL OPPORTUNITY EMPLOYMENT
Contractor represents that it is an equal opportunity employer and it shall not
discriminate against any subcontractor, employee or applicant for employment
because of race, religion, color, national origin, handicap, ancestry, sex or age.
36. INTERPRETATION
The terms of this Agreement shall be construed in accordance with the meaning
of the language used and shall not be construed for or against either party by
reason of the authorship of the Agreement or any other rule of construction
which might otherwise apply.
14 16
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- qAl%—
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
IIn
Don Webb,
Mayor
for the City of Newport Beach
CONTRACTOR:
By:
(Corporate Officer)
Title:
Print Name:
By:
(Financial Officer)
Title:
Print Name:
Attachments: Exhibit A — Statement of Qualifications
Exhibit B — Schedule of Billing Rates
F:\ users\cat\shared\Ag \On- CaIKMike Kiffidde.doc
15 li
From:
41
062006 08:01 #165 P.001
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach, CA 92659 -8341
(949) 548 -0106 • Fax (949) 548 -1616
June 22, 2006
Ed Burt
Fax(949)646 -5204
Re: On Call Agreement
Ed:
Our scope of work for this type of service includes:
EXHIF W
4• Building and repairing sewer laterals and mains
Building and repairing water services including fire hydrants, detector checks,
backftow devices
<• Repair roadways
v Install & relocation of SCE facilities
Attached is an Emergency Agreement you may use as an example.
Feel free to contact me at (949)548 -0106 if you have any questions.
Thank you,
Mike Kilbride
M
From: • 06/1*006 08:02 #165 P.009
MIKE KILBRIDE, LTD.
General Building & Engineering Contractors
License 738400
P.O. Box 3341
Newport Beach. CA. 92659 -8341
(949) 548 -0106 0 Fax (949) $48 -1616
Loadans & Excavators - 8 Hour Minimum
853 TRACK LOADER
963 TRACK LOADER
980 RUBBER TIRE LOADER
24.0 EXCAVATOR 20 Metric Ton Class
210 EXCAVATOR with Thumb
'MOVE ON & OFF PRICES APPLY Lowbed $110.00
" RACKHOES- 4 Hour Minimum
BACKH.OE 4 WHEEL DRIVE
HY -RAM
HOE -PAC
BACKHQEl10 WHEEL COMBO
BOBCATS - 4 Hourly#P!mvm
T-200 RUBBER TRACK LOADER
BOSCA`fLOADER
BOBCAT BACKHOE
BOBCAT BREAKER
BOBCAT 110 WHEEL COMBO
BOBCATI BOBTAIL COMBO
BOSCATfAUGER
BOBCAT WINCH
* TRUCKING- 4 Hour Minimum
10 WHEEL DUMP TRUCK
SEMI END DUMP
40 YARD & L.OWSIDE CONTAINERS
" COMPRESSORS- 3 Hour Minimum
2 MAN COMPRESSOR
t CONCRETE CU777NG- 2 Hour Minimum
FLAT SAW + COREDRILL
HAND SAW I AIR SAW
WALL SAW- 3 Hour Minimum
HYDRAULIC FLATIHAND SAW
LABORERS - 4 Hour Minimum
LABOR FOREMAN TRUCK & TOOLS
GENERALLABORS
* CONSTRUCT/OW SITE CLEAN UP SERVICE
$ 135.00
$ 160.00
$ 135.00
$ 150.00
$175.00
EXHIBIT 'B'
Move 01woff
$250.00
S40O.0a
5440 .0o
S400.00
5400.00
per hour outside Orange County
$100.00
$ 10040
$ 150.00
$ 125.00
$ 12,5.00
595.00
$ 125.00
$ 85.00
$ 95.00
$ 125.00
$ 125.00
$ 100.00
$ 100.00
S150.00
$ 76.00
$ 90.00
$ 450.00
$110.00
$ 11D.0D
6118.00
$ 110.00
$ 110.00
$ 125.00
6 125.00
$ 60.00
$ 35.00
(Minimum $250.00) Excludes Gump Fee
S80.o0
19
Wtol,,iT -2006 04:06pm Frarr �- • T -063 P.001 /001 F -BIT
A- C�R�Tmm CERTIFICATE OF LIABILITY INSURANCE �'TO3r11&20006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
M. L. ADAMS INSURANCE SERVICES ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
$1011— LA PALMA AVE., SUITE 204 HOLOER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ANAHEIM HILLS CA 92807 ___ .ALTER THE COVERAGE_ARMED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE I NAIC0
INSURED SU .. A:
MINE HTLBRIDE, LTD. jl� SUR ER B: P.O. BOX 3341 SURER M
NEWPORTBFACH CA 92658 1.
E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWnNSTAMNG
ANY RBOUM MIENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY HIE POLICES DESMMED HEREIN IS SUBJECT TO ALL THE TERMS. OCCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOVM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
TYPE OFINSURANCE
PDUCYNUMBERT
Eal.ICY aFFEC111rE
PATE
PaucY ptPBMflG1
M
`^ Leglg
A
NO
GENERALLIABILRY
OCIAIERCIALDENERAiUMNLITY
CLAIMSMADEnX OCCUR
BLwwrADwpNALiHS ED
VCGP011768
-
1N3W05
10/30/06
N RRETICE
I 1,000000
X
DAMANTO IIIINRiD
$ 60,000
MM. EXP(Any a(b p~)
$ 6000
X
PERSONAL DAM/ INJURY
1 11000,000
GEKERALAGGREGATE
$ $000000
GENLAGGREGATE LWTAPPLIES PER
POLICY JPECCT n LOG
PRCD=SCDMPJOP AGC'
S 2,000,DOO
AUTOMOBtlE
LIABILITY
ARYMJTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HAMDAUTOB
NON45VYNED AUTOS
COMBINED SINGLE LIMIT
(EA IYJel"
1
BODILY BUURY
tpwpataom
1
BODILY BIJIIRY
parauiEAM)
S
IINANDE .1
War mmw
GARAGE LWSKJTY
ANYAUTO
AUTO ONLY. EAACCIDENt
1
OTHER THAN EAACC
AUTO ONLY: AGO
1
19
excess 7 UMBIULLA LmLrTY
OCCUR Q CLAIMS MALE
DEDUCTIBLE
RETENTION s
EACH OCCURRENCE Is
AGGREGATE Is
.
i
is
i
VWRKERB COMPENSATION AND
EMPLOYERS' LIABILITY ..
ANY PFCPRIMNAARlo�
aIFCERA MSR ECUM607
1Tw, A,mlw V
aPECW.IRWRCNa Aror
we arnllA oTIw:R
E.L. EACH ACCIDENT
i
ELL DIOFA46EA EMPLOYEE Is
EL. DISEASE-POLICYLBNT
S
OTHER:
DESCRIPTION OF OPERATIONS ILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS
TEN DAY NOTICE OF CANCELLATION WILL BE GIVEN FOR NON PAYMENT OF PREMIUM.
CERTIFICATE HOLDER IS NAMED AS ADDITIONAL INSURED PER FORM VE 0182 03 04 ATTACHED.
_ �xnrlrere
---� -• • %� -I t 10TUTIC IDU F Oxsr O ACORD CORPORATION 1988 90
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING INSURER WLLRIDEAVORTO MAIL30 DAYS
CITY OF NEWPORT BEACH
WRlrMM NOTICE TO THE CERTRPCATE HOLDER NAMED TO THE LEFT, SUrFALURE
3300 NEWPORT BEACH BLVD
TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OFANYMND [WON THE 04URER
n'S AGENTS OR REPRESENTATIVES.
P O BOX 1788
NEWPORT SFACH CA 82668
Attention:
RWRBM4 ANA T�
�
I el of Adams
---� -• • %� -I t 10TUTIC IDU F Oxsr O ACORD CORPORATION 1988 90
•
Named Insured: Mike Kilbride Ltd.
Policy: VCGP009846
0
VE 182 03 04
Effective Date: 10 -30 -04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
A: Section II — Who is An Insured is amended to include as an insured any person or
organization for whom you are performing operations when you and such person or
organization have agreed in writing in a contract or agreement that such person or
organization be added as an additional insured on your policy. Such person or organization
is an additional insured but only with respect to liability caused by your ongoing operations
performed for that insured. A person's or organization's status as an insured under this
endorsement ends when your operations for that insured are completed. This insurance
does not apply to liability caused by the sole negligence of any additional insured.
B. With respect to the insurance afforded to these additional insureds, the following additional
exclusions applies:
This insurance does not apply to:
1. The preparing, approving, of failing to prepare or approve, maps, shop drawings,
opinions, reports, surveys, field orders, change orders or drawings and specifications;
and
2. Supervisory, inspection, architectural or engineering activities.
ai
-+ -- a.rrua ..
• CERTIFICATE OF INSURANCE*
This certifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
[] STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
Q STATE FARM LLOYDS, Dallas, Texas
insures the following 1 wlicyhDidei for the coverages indicated below
Name of poricyi molder MIKE KILBRIDE
Address of Polk yholder P.O. BOX 3341, NEWPORT BRUM, CA 92659
Location of ope afions BLUE R=N #56 SHADY CANYON
Description of a oeradons
The Policies fisted b low have been issued to the polcyholder for the Policy periods shown. The insurance described in these poricies is
subject to all the t�mr c exclusions, and conditions of those policies Tire limits of Gab'fity shown may have been reduced by anv Paid Balms.
POLICY NUNBEF.
TYPE OF INSURANCE POLICY PERIOD
Effective Date ; 6piratiart Data
LIMITS OF LIABILITY
(at beginning of policy period)
Corte
BODILY
BODILY INJURY AND
: ------------
Thrs Insurance induct �:
Business Lie
-- ..............:......
Products - Completed Operations
PROPERTY DAMAGE
❑ Contractual Liability
❑ Underground Hazard Coverage
Each Occurrence $
❑ Personal Injury
❑ Advertising Injury
General Aggregate $
❑ Explosion Hazard Coverage
❑ Collapse Hazard Coverage
Products - Completed S
❑
Operations Aggregate
❑
EXCESS LIABILITY
POLICY PERIOD
BODILY INJURY AND PROPERTY DAMAGE
Effective Data ? Eq*a m Data
(Combined Single limit)
❑ Umbrella
Each Occurrence $
❑ Ober
Aggregate$
Part 1 STATUTORY
Part 2 BODILY INJURY
Workers Compensation
and Employers Liability
Each Accident $
Disease Each Employee $
Disease - Policy Limit $
POLICY NUMBER
TYPE OF INSURANCE
POUCY PERIOD
Effective Date ; Date
LIMITS OF LIABILITY
(at beginning of policy period)
P45- 8785cAOI -75
AUTOMOBILE
07/01/05 07/01/06
$1,000,000
THE CERTIFICATE 0 F INSURANCE
IS NOT A CONTRACT
OF INSURANCE ANn NEITHFR
AFCIRMATNFI r NnR Hae.ATnrM v
- - - -- - - - -- --------------- -
AMENDS, EXTENDS DR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN.
If any of the described poild" are cane! before
its expiratlan doe, State FwM wjll try to rrgP a wrl4tep
notice to the certificate holder 30 days before
4arme and Address of Certificate Holder cancellation. 9 however, we fall to mail such notice,
TI 1 BLVD. no obligation or liability vAll be imposed an State
3300 NEWPORT BEAt
CITY O£ NEWPORT ]EACH Farm its agents or presentatives.
L /
P.O. BOX 1768
NEWPORT BEACH, C!. 92658
AFO r KEI ..YrUIFi6n7r8,.ig4N4
ENNANCC,Age..
ucw 0
613M ram im+.nrrnrnr'.eumm,ix
656.904 0 04-IM Ptkft Ir USA
Z"
__. - -. ____ - -1111 1111. .. ... .. -1111: a.uuua ✓a.u..a.nn winau r,aa... 451vvJ
CERTIFICATE OF INSURANCE •
This ceRifies that ❑ STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Illinois
® STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois
❑ STATE FARM FIRE AND CASUALTY COMPANY, Scarborough, Ontario
❑ STATE FARM FLORIDA INSURANCE COMPANY, Winter Haven, Florida
❑ STATE FARM LLOYDS, Dallas, Texas
insures the fogowing . lolecyholder for the coverages indicated below..
Name of pogoyl Dtder MIRE LKILBRIDE
Address of pole) yholder P.O. BOX 3341, NEWPORT BEACH, CA 92659
Location of ope ahons BLUE HERON #56 SHADY CANYON
Description of o aerations
The Policies listed be low have been issued to the policyholder for the policy periods shown. The insurance described in these policies is
subject to all the term I exclusions, and conditions of those Pericles. The eimds of liability shown may have been reduced by any paid claims.
POLICY NUMBEF OF INSURANCE
POLICY PERIOD
Effective Data ; Dale
LIMITS OF LIABILITY
(at beginning of policy Period)
BODILY INJURY AND
....11Y1--------- -- - - --- s Liability
ucts - Completed O ........... .. .. ..
This insurance irdurl perations
PROPERTY DAMAGE
actual Liability
no obligation or liability will be imposed on State
rground Hazard Coverage
XF.*osbn
Each Occurrence $
onal Injury
rtising Injury
General Aggregate $
sion Hazard Coverage
Signature of lZePlesentative
pse Hazard Coverage
Products - Co mpleted $
Operations Agg�e
EXCESS LIABILITY
PERIOD
BODILY INJURY AND PROPERTY DAMAGE
,1111... -...
i .'Aft r,.. J1E4AN,CPGU,Age%
i CEI =,116344
Effective
Effective Dale : EsP43GOn Data
(Combined Single Limit?
❑ Umbrella
Each Occurrence $
❑ Other
Aggregate $
555-994 03 041999 PrYntac in USA
:t F' .tob plo
Part 1 STATUTORY
n:.r:sIMV**, CA ft-'91
Part 2 BODILY INJURY
Workers` Compensation
d, 3
and Empioyers Liability
Each Accident $
Disease Each Employee $
Disease -Policy Limit $
POLJCY.NUMBER
TYPE OF INSURANCE
POLICY PERIOD
Effective Dale ; Freon Dale
LIMITS OF LIAE31LITY
(at beginning of policy Period)
P45- 8765=- A01 -75
AUTOMOBILE
07/01/04 07/01/05
$1,000,000
THE CERTIFICATE O " INSURANCE IS NOT A CONTRACT
OF INSURANCE AND NER'NER
AFFIRMATIVFI V NnR uar_ATI r r v
AMENDS, EXTENDS � )R ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRI13ED HEREIN.
If any of the described policies are canceled bolore
its exPiration dale. Stale Farm will try to man a wrejten
!lame and Address of CerUTicaha Roeder
notice to the certificate holder 30 days before
cancellation. If however, we tad to mail such notice,
CITY OF NEWPORT 1 EACH
no obligation or liability will be imposed on State
3300 NEWPORT BE
BE ACH BLVD.
Fa or ifs agents representatives,
P.O. BOX 1766
NEWPORT BEACR, C9 92658
Signature of lZePlesentative
AGENT 06/23/05
Title Date
Agent's Code Stamp
,1111... -...
i .'Aft r,.. J1E4AN,CPGU,Age%
i CEI =,116344
nFO
ateFelm ills9ranceCotn9�ies
!N Lll PA %re y 7 1616 Sar4a IAargatiia Pk�4y
555-994 03 041999 PrYntac in USA
:t F' .tob plo
n:.r:sIMV**, CA ft-'91
I 9i1>r ;M
d, 3
0
0
CERTHOLDER COPY Se
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142, -0607
COMPENSATION
IIrN!!SLIM AMCE
FUND CERTIFICATE GF WORKERS' COMPENSATION INSmANCE
ISSUE DATE: 03-10-2006 GROUP.
POLICY NUWBER: 1862825 -2006
CERTIFICATE 10: 610
CERTIFICATE EXPIRES; 10 -01-200
10-01- 2005!10 -61 -2006
THIS CF.RTIPICATE SUPERSEDES AHD CORRECTS
CERTIFICATE 9 146 DATED 10 -01 -20005
CITY OF NEWPORT BEACH $6
PO BOX 1768
NEWPORT BEACH CA 82668 -8915
This Is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance COtrrnissloner to the emplover named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the amployer.
We will also give you 30days advance notice should this polloy be cancelled prior to its normal expiratlan
This certificate of Insurance is not an insurance policy and does not smand, extend or after the ooverage afforded
by the polg listed herein Notwithstanding any requirement, term or condition of any contract or other document
with reepe to which this certificate of insermve may be issued or to which it may pertain, the Insurance
afforded by the policy described herein is subject to all the teens, exclusions, and conditions, of such policy.
���fR REPRESEIYI�y /� PRESIDENT .
OPLOYERIS LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT 10015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2001 -10 -01 IS
ATTACHED TO AND FORKS A PART OF THIS POLICY. NAME OF ADDITIONAL INSUREO:
CITY OF NEWPORT BEACH
ENDORSEMENT 01600 - MIKE KILBRIDE PRES TRES SEC - EXCLUDED.
ENDORSEMENT 11600 - BRAD ROSTER VP - EXCLUDED.
—.—JENDORSEMEM' 12006 ENTITLED CERTIFICATE HOLDERSr.NOTICE EFFECTIVE 10 -01 -2003 IS
ATTACHED TO AND FORKS A PART OF THIS POLICY.
961PLOYER
MIKE KILBRIDE.LTD DSA :COAST WATER AND POWER
PO BOX 3341
NEWPORT 11EACH CA 82658
M.2w0
PRINTED : 03615 -2008
P
March 15, 2006
Tm
Joan
From:
Certrlicate Department - Ingrid
Fma
(M) 646 -5204
Pages;
Cover+ 1
Pharr oaAw March 15, 2006
Certificates of Insurance m
OUrgent ❑ForReriew Omessecomment OP/eamRepb, ❑PieaseRewycie
. comments; For faster servloe, please list your e-mail address on your certrfrcate
request
Attedied is the certfficate(s) of insurance for Mike Kilbdde DBA Coast Water &
Power. A hard copy will be sent via the U.S. Marl.
id/
• Pap 2
aS