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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; EB+J 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 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. 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 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 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). 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. 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 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. 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 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: 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 1�- r y O m 04 C 'ph Y/ e y 0 U N+ M l w CL co W h MIKE PRLICH & SONS, INC 626 813 1770 f P.' a5� i awn. qh was on Tr o w >4 a>F rah o> a{y e J(� ORC, '¢ h 1�- � T!• O'i i+'i � Ct L. b 90 4 tl C? 4 m tY t¢ h O 0A A sa c O �} .t 9 h h Ol h Oa Wr h W O i W N N M b r N M r OMp r ti C Hh '199 q L Wj Y a « <rCl r <N !!N r rN N M W NM •' Nr y QCZ ^ ��O W V' h Oi �[> f• Oi 4'i f+ O � IN GO � N 4i Ctl CA � m Qi n C o fOb ?C + E K 6 4 r4 �fi m 1a40 u0 6 V v cq 4 a y o �O YM o MM�r, NNN t" NNCS lT r t7MM iti at V; ki p to p<CS 1f1 (O t� M ti1 Osrt EO W W R 0 W Mtn M StSR d N of �r ci c+i ^v N ei N ai Vv N vi v' N 16 v of Ui h. c•i V= ui csi yv sr. 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NN N N N N Q OO O !A W O] 0] W m '6 m t'i M m nom M M M of of vi 6 c/ ci O Ci 0i OV N N [V N V �u0io N rMIR 4W{4Ni 4M7, t40 W {U� y000 tVy pW oWO W � v�o� �noo i- vrao rno� mad cnoa haca rnao �noa a o n. z ENE m a a• CL° CL of o'iri CL: °du.ro &w lumE. °zrs .% CL m i7 a C7 (9 C7 c9 0 w U a rr:�cn it �ry of a v o o 1 y'i z� o C7 w W uao' faG 'xU trig cOam O O E a p O m, O$ O a w o W n w r 3 �OO "� LL� may ma c S Ssc ps O a Jq +n 13 2008 I:42AM 0 r M d � r C 0 p in oo tic w CL call IL co A` M •^ L to MIKE PRLICN & SONS, INC 628 813 1770 P.4 � bR� F- Tml +pct l�wm �3Vtt.m C} w N tD h Otl N i6 9Q D� W W r ry wq o0o vary wlnn ID �et N O OD qI �r M e% O ffs O e�i eel O M N Ntn TN '-T N (tT�� pNJ �MpY uaii Ip rnoi to .=ui T r 7 tIi cd v'¢i 0� cRn; r �uU� tt�p m1 C1 uJ V' r.- yy r(O0 NNM 4:4 tD TT T NM M as "MV 7 iti 4D Qi c.-co a aT r T In as o ftl O GO tU C OO m0M v 4w(d i+l t' iD Ci I[I fV c"i t�I .-- h3 t"> V' Ki of pphi- M ui t0 'sT [6 N d'1 d' (V CY V P 4D � 1Up� tC C, M M M C? 061m �GFffi OOO Q7N to W CO tb N N N N N N OppO 00O O O a �t '4' V 7 q �t OOO i 044 OOci 44 d c54d d4o } i � aoo 000 r�soo mt$ m us0 to 400 i oa o 0 000 000 044 0O0 O04 6 0 4 O t7O i i_ Ip N� lt'l h lf:r r M1 r r r O O a. i ttx oao a�10 aas d c ti6 ci4 06 440 44t5 C 1 u>w 1n In u� oao 000 000 u�mu7 In uy oao ooa o00 R V' 'C Y H' 'C <tK' iti ui It? tfi vi I(i O Ci W kq b1[ 000 ppO UOD 00P OR IX? ul 1[ rnn r».r n: mof of r»m 6 C65 C65 W �0W MGM '�C Im; 44ppC sT-H 9p C OAOi N �.bI�y Y 100 b m N H T r OP] OW OM pp W O O IXf GY 10D Ia0 '�C' V a CyyY CJ CV tH CV '4 M iV 0 0 tt[pY atd�oy u0'iN4 [b d'� yy"Z Yt0 (1 q`p^ t0 O4O p4 OR 6 O 9tN[) ggg +NY (6 W tt)n0 t0`t S V C~/1OD v�YOQ /}O Kp010 X40 U y lC pp, p p� H Y G W o m W 0 0 G L Z 9 Iii d, Ui p Q c: oat 0 o 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: X fffl=m 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. .Mw TYPE OF INSURANCE POLICY NUMBER f ETRNITNH NroLro1INIPIRATNNI LMATI9 Y GENERAL Limon VCGPOI1758 10190M 10(90106 EMACH I 10000 X fffl=m E 69,000 COMMERCIAL GENERAL LIABILITY CLAMSMADEM OCCUR - MED. EXP Wrl am pN ) E 5,000 A NO X BLANKETADDITIONAI.MRED PERSONAL S ADVINJURY i 1.000.000 GENERAL AGGREGATE i 2.000000 GENLAGGREGATELMRAPPUESPER: POLICY jEoTT LOG PRO6VCT3- COMPAIp AGO. s 2,660,006 AU7OMOBAE LIABILITY COMBINED SINGLE LMrt ANYAINTO (ea FxaaEm) B ALL OWNED AUTOS BODILY INJURY BCHEDULEDAUTOS (Pwpa") i HIRED ALTOS NON -OWNED AUTOS BODILY INJURY (PW8m6daAO S PROPERTYDAMAGE IPEINnaeAll S GARAGE OAB6RY ISM ONLY EA DE i ANYAUTO AUTO ONLY ARIi E QCESSf UMBRBLA LMHSITY OCCUR OIJ MS MADE EACHOCCURRENCE { AGGREGATE S f PEDUCI'IBLE S RETEMION E i WORKERS COMPENSATION AND EMPLOYERS' LIABBNY T11TV'S pA E.L FAGH ACCDENr S ANY PR0PRETONAARTNENtx8aern8 OFRCER4NEMBEA EXCLVOEaT uy...a.wiwem.. EA. DIBEA9E.EA EMPLOYEE S EL. DISEASE- POUCYLMi E �ECIR lrtovr�aNS mNw 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. .Mw AUTHORIZED REPRESENTA7NE I el I e)Atlaias 25 t2UANN0a) L:ennoste s 5997 0ACORD CORPORATION 1998 0 0 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