06 - Award of Agreements for On-Call Water, Wastewater, and Storm Drain Repair Services — Newport Beach City Council, May 23, 2023 (part 2 of 2)

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W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Fusion Hourly Rate
Fusion Machine For HDPE - 4" Diameter max (Butt Fusion) $ 25.00 Fusion Machine for HDPE - 2" Diameter Max (Socket Fusion) $ 10.00 Generators
Hourly Rate
Generator 5 KW - Truck Mounted
$ 10.00
Generator 25 KW
$ 20.00
Generator 45 KW
$ 35.00
Generator 118 KW
$ 80.00
Generator 230 KW
$ 120.00
Forklift - Hyster w/ 5,000 LB Lift Capacity $ 50.00
Forklift - Clark w/ 8,000 LB Lift Capacity $ 55.00
Forklift - Hyster w/15,500 LB Lift Capacity $ 70.00
Telescoping Lift - Gradall w/ 6000 LB Lift Capacity & 36' Reach $ 55.00 Telehandler - CAT TL1255D, Operating Weight: 34,361 lbs., Lift Capacity: 5,000 Ibs $ 110.00 Loaders
Hourly Rate
Loader - CAT 950 H (44,435 LBS)
$
150.00
Loader - CAT 950M (42,357 LBS)
$
150.00
Loader - CAT 966 M (51,176 LBS)
$
200.00
Loader - CAT 980 H (68,489 LBS)
$
250.00
Loader - John Deere 544 J (30,459 LBS)
$

85.00 Loader - LiuGong 842Z III (33,601 LBS)
$

85.00 Loader - LiuGong 856Z III (40,675 LBS)
$
110.00
Skid Steer Loader - CAT 262 C
$

49.00 Skid Steer Loader - CAT 262 D
$

49.00 Skid Steer Loader - CAT 262 D3
$

49.00 Skid Steer Loader - Case TR270
$

50.00 Skid Steer Loader - CAT 272 D XHP
$

50.00 Loader Attachments
Hourly Rate
Asphalt Zipper - 30" Width (for CASE 590/CAT450 or larger) $

65.00 Asphalt Zipper - 48" Width (for CAT 950 Loader or Larger) $

90.00 Broom / Sweeper (for CAT 248B, CAT 262C & 262D)
$

10.00 Compaction Wheel - 24" Width (for CAT 950, CAT 972) $

12.00 Hydraulic Breaker 600 LB (for CAT 262)
$

35.00 Cold Planner - Up to 24" (for CAT 248B, CAT 262C & 262D) $

20.00 Miscellaneous Equipment
Daily Rate
Air Hacksaw
$

75.00 Air Hammer
$

75.00 Air Ratchet
$

30.00 Angle Grinder w/4.5" Wheel Diameter
$

37.50 Auto Level w/Case Tripod & Rod (Magnification: 28X) $

75.00 Cart - ATV Type (Gas Powered / 4 Passenger)
Hourly Rate $

15.00 Cart - Golf Type
$

75.00 Chipping gun / Air Hammer / Rivet Buster w/ Tools $

75.00 Clay Spade
$

50.00

Page 3 of 7 ends

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W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Combination Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered Cut-off Saw / Chain Saw / Skill Saw / Jig Saw
Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered Duct Rodder - 500'
Duct Rodder -1000'
Electric Drill (1" diameter max drill bit)
Fan 30" Pedestal Type
Geo Phone Underground Sounding Device (Pig Locator)
Grade / Flo -Line Instrument
Heat Gun / Non -Contact Infrared Thermometer
Holiday Tester (also for T-Lock Liner Testing)
Jackhammer 70 LB Air
Jig Saw
Test Pump Hydrostatic - 5 HP
Test Pump Hydrostatic - 8 HP
Hydraulic Torque Wrench 1" - HyTorc
Impact Gun / Driver - Up to 1" (11,160 In-Lbs to 16,200 In-Lbs) Impact Gun - Up to 1" (1600 Ft-Lbs / 19,200 In-Lbs)
Laser - Pipe & Slope Type
Light Stand (Single Lamp 120 Volt)
Light Tower -Towable Unit (4 Lamp)
Peanut Grinder w/5' Whip Kit
Pipe Cutters - 4" to 8" Diameter
Pipe Locator
Pipe Threader Electric (up to 2")
Pipe Threader Electric (Up to 4")
Pipe Threader Hand (Up to 2")
Pipe Tongs (4" to 12")
Pipe Tongs (16" to 24")
Pipe Tongs (30" to 36")
Plywood Pullers (Up to 6,000 LBS)
Portable Pipe Vise (Tripod Standing Type)
Pressure Washer
Pressure Washer Water Buffalo (4200 PSI)
Rebar Cutter (Up to 3/4" Max)
Reciprocating Sawzall
Rock Drill (Up to 1")
Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered Sand Blaster
Soil Pipe Cutters/Snap Cutters - Up to 30" Diameter
Steam Pressure Washer Trailer Mounted (3500 PSI)
Survey Unit for Pig Runs - Promark 3 GPS Type (with receiving units) Tapping Machine (Up To 2" - water systems only)
Tapping Machine - T.D. Williamson (Up to 2" - Petroleum) Utility Pole Support Holder (40' max pole height)
Hourly Rate
Hourly Rate
Hourly Rate
Hourly Rate
$ 75.00
$ 75.00
$ 75.00
$ 80.00
$ 100.00
$ 50.00
$ 40.00
$ 175.00
$ 6.00
$ 4.00
$ 50.00
$ 144.00
$ 75.00
$ 80.00
$ 125.00
$ 300.00
$ 30.00
$ 90.00
$ 75.00
$ 15.00
$ 25.00
$ 37.50
$ 40.00
$ 100.00
$ 70.00
$ 175.00
$ 100.00
$ 8.00
$ 15.00
$ 20.00
$ 10.00
$ 35.00
$ 60.00
$ 160.00
$ 120.00
$ 75.00
$ 16.00
$ 75.00
$ 175.00
$ 40.00
$ 160.00
$ 400.00
$ 45.00
$ 85.00
$ 30.00

Page 4 of 7 ends

6-185

W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Motor Graders Hourly Rate
Motor Grader - CAT 140M3 (43,950 LBS), 200 HP $ 110.00
Office Trailers & Storage Containers Daily Rate
Office Trailer 8' x 16', 8' x 28' or 8" x 32' $ 48.00
Office Trailer 12' x 56', 12' x 52' or 12' x 60' $ 70.00 Storage Container 8' x 20' $ 10.00
Pipe Fitting Equipment
Daily Rate
Bevel Band w/Transmission Crawler (Up to 24")
$

8.00 Bevel Machine (Up to 12")
$

8.00 Bevel Machine (Up to 20")
$

18.00 Cold Cutter - Low Clearance (2" to 14" Steel)
$

40.00 Cold Cutter - Low Clearance / Rotary Cutter (16" to 26" Steel) $

48.00 Double Jackscrew Chain Clamp - Mathey Dearman (Up to 36") $
110.00
Electromagnetic Drill Press / Mag Drill (Up to 1")
$

40.00 Line -Up Clamp / Rachet Line -Up (Up to 12")
$

2.00 Line -Up Clamp / Rachet Line -Up (Up to 24")
$

5.00 Mechanical Plug (Up to 12")
$

2.00 Mechanical Plug (Up to 24")
$

5.00 Pipe Dispensing Trailer (Up to 2")
Hourly Rate $

12.00 Pipe Dispensing Trailer (Up to 3")
Hourly Rate $

15.00 Torque Wrench - Manual (Up to 1000 LBS)
$
100.00
Portable Concrete Batch Plant Hourly Rate
Portable Concrete Batch Plant - Port -A -Pour (Max production @ 120 CUYD per hour) $ 75.00 Recycling Equipment - Crushers, Screens & Conveyors Daily Rate Conveyor / 40 Cubic Yard Load Out Bin $ 250.00
Conveyor / Stacker 36" Wide x 60' Long - Anaconda TR6036 $ 250.00 Screen Frame 12' Wide w/ Adjustable Top - Grizzly $ 100.00 Screening / Material Processing Machine - Sandvik QA140 S-3 (100 HP/53,600 LBS) Hourly Rate $ 105.00 Beam W14 x 89 x 30' Length
$

15.40 Beam W14 x 89 x 40' Length
$

19.00 Beam W14 x 102 x 40' Length
$

20.50 Beam W14 x 120 x 40' Length
$

22.00 Beam W14 x 145 x 40' Length
$

27.00 Beam W14 x 176 x 40' Length
$

33.00 Plates 5' x 8' x 1" Thick (non -treated)
$

6.00 Plates 6' x 10' x 1"Thick (non -treated)
$

7.00 Plates 8' x 10' x 1" Thick(non-treated)
$

8.00 Plates 8' x 15' x 1" Thick (non -treated)
$

12.00 Plates 8' x 20' x 1" Thick (non -treated)
$

13.00 Manhole Shoring Boxes - 8' x 8' x 8' high (steel) $

80.00 Manhole Shoring Boxes - 8' x 10' x 10' high (steel) $
110.00
Trench Boxes - 6' x 20' (steel)
$

80.00 Trench Boxes - 8' x 20' (steel)
$
110.00

Page 5 of 7 ends

F009.001

W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Shoring Equipment (continued)
Daily Rate
Trench Boxes - 4' x 24' (steel)
$

85.00 Trench Boxes - 6' x 24' (steel)
$
125.00
Trench Boxes - 10' x 24' (steel)
$
205.00
Hydraulic Speed Shores 28" to 46" - 3' Rail
$

27.00 Hydraulic Speed Shores 28" to 46" - 5' rail
$

28.00 Hydraulic Speed Shores 28" to 46" - 7' Rail
$

29.00 Hydrualic Speed Shores 34" to 55" - 5' Rail
$

30.00 Hydraulic Speed Shores 52" to 88" - 5' Rail
$

40.00 Hydraulic Z Shores 52" to 88" Single Ram - 5' rail $

40.00 Hydraulic Z Shores 52" to 88" Double Ram - 5' Rail $

60.00 Hydraulic Speed Shore Accessory - Hand Pump & Release Tool $

30.00 Hydraulic 55" to 88" Single Ram - 2' Rail
$

35.00 Plywood 4' x 8' Sheet 1 1/8" Thick
$

8.00 Timbers 4" x 12" x 10' Long (TYP)
$

15.00 Trench Top 6' x 10' Treated Plate
$

8.00 Trench Top 8' x 10' Treated Plate
$

9.00 Sweepers & Brooms Hourly Rate
Broom / Sweeper - Self Propelled $ 40.00
Power Broom / Power Sweeper (Walk Behind) Daily Rate $ 45.00 Traffic Control Equipment
Daily Rate
Arrow Board (Solar)
Hourly Rate $

12.00 Barricade - ADA Compliant Pedestrian Type
$

3.00 Barricade Flasher (LED Barricade Light)
$

5.00 Barricade - Type I (Pedestrian Type - Plastic)
$

1.28 Barricade -Type II
$

3.00 Barricade - Type III
$

3.52 Delineator / Traffic Cone
$

1.28 Chain Link Fence Panel 6' x10' w/ Feet
$

8.00 Crash Barrels (various sizes)
$

8.00 K-Rail 20' length
$

8.00 Message Board - Programmable 4' x 8'
Hourly Rate $

18.00 Ramp Pedestrian Type (Bariatric Panel Ramp)
$

18.00 Rumble / Rock / Tire Cleaning Plates 8' x10'
$

12.00 Traffic signs 30" x 30"
$

6.00 Trailers
Hourly Rate
Trailer - Dump Trailer - 9,900 GVWR, 6' x 10'
$

12.00 Trailer - Enclosed Type 12' Long Enclosed (Dig -Up) $

20.00 Trailer - End Dump Type (40,000 LB Max Capacity)
$

15.00 Trailer - Flatbed / Platform Type 48' Long
$

25.00 Trailer - Low Boy Type Heavy Haul - 88,000 LB Max. Capacity $

31.00 Trailer - Pipe Hauler Type - 14' length
$

10.00 Trailer - Reel Type - 5'4" x 9' (Single Reel)
$

8.00 Trailer - Tilt or w/Rams Type - 10, 000 LB Max. Capacity ( for Asphalt Rollers) $

10.00 Trailer - Tilt or w/Rams Type - 19,000 to 20,000 LB Max Capacity ( for Asphalt Rollers) $

12.00 Trailer - Tilt or w/Rams Type - 35,000 to 40,000 LB Max Capacity ( for Various Equipment) $

15.00

Page 6 of 7 ends

6-187

W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Trailers (continued) Hourly Rate
Trailer - Utility Type / Tool Hauler 1,600 LB Max Capacity $ 6.00 Trailer - Utility Type / Tool Hauler 3,000 LB Max Capacity $ 10.00 Trenchers & Conveyor Hourly Rate
Trencher Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Conveyor for Vermeer DT 655 Trencher (24" Width) $ 70.00 Trucks
Truck - Bobtail / Flat Bed Dump
Truck - Gang Truck MV607 SBA (33,000 GVWR)
Truck - Low Bed Haul w/ Trailer (88,000 LB Max Haul Capacity) Truck - Mechanics Type w/ 8,500 LB Lift Crane & Welder
Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder Truck - Pick-up Truck / SUV / Van
Truck - Service Type (F-350, & F-550)
Truck - Service Type F-550 w/ Welder (500AMP) / Compressor (60 CFM) Truck - Stakebed Type - 11' to 16' Bed Length
Truck - Mechanics Type w/ 8,500 LB Lift Crane & Welder
Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder Truck - Stakebed Type - 24' Bed Length (25,999 Ibs)
Truck - Super 10 Dump (10 CUYD Cap for Dirt)
Truck - Water Type 2,000 Gallon
Hourly Rate
$ 65.00
$ 60.00
$ 120.00
$ 75.00
$ 75.00
$ 29.00
$ 42.00
$ 50.00
$ 40.00
$ 75.00
$ 75.00
$ 30.00
$ 94.00
$ 46.00
Vactor Trucks Hourly Rate
Vactor Truck / Potholing Rig (800 Gallon) $ 100.00
Water Pumps
Daily Rate
Water Pump Submersible Type, Electric Powered 2" w/ 25' of Suction Hose & 50' of Discharge Hose $ 60.00
Water Pump Submersible Type, Electric Powered 3" w/ 25' of Suction Hose & 50' of Discharge Hose $ 85.00
Water Pump Submersible Type, Electric Powered 4" w/ 25' of Suction Hose & 50' of Discharge Hose $ 135.00
Water/Fuel Tanks & Towers Daily Rate
Dewatering Sediment Tanks (1,000 Gallon Capacity) $ 10.00 Fuel Tank - 1,000 Gallon (Dual Containment) $ 56.00
Water Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 8.00 Water Tower - Towable Unit (Up to 12,000 Gallon) $ 100.00 Welding Equipment
Hourly Rate
Band Saw - Portable 4" x 4" max cut
$

10.00 Plasma Cutter
$

20.00 Welder 200 AMP
$

17.00 Welder 300 AMP
$

18.50 Welder 300 AMP Tig Machine
$

18.50 Welder 500 AMP
$

20.00 Weld Rig for Rig Welder (includes fuel / wet rate) $

45.00

Page 7 of 7 ends

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES

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.

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.

3. Coverage Requirements.

A. 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.

Contractor shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement.

B. 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. 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).

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 W.A.Rasic Construction Company, Inc. Page C-1 6-189

covering bodily injury and property damage for all activities of 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 each accident.

D. Pollution Liability Insurance. If required, Contractor shall maintain a policy providing contractor's pollution liability ("CPL") coverage with a total limit of liability of no less than one million dollars ($1,000,000) per loss and two million dollars ($2,000,000) in the aggregate per policy period. Claims - made policies require a 5-year extended reporting period. The CPL policy shall include coverage for cleanup costs, third -party bodily injury and property damage, including loss of use of damaged property or of property that has not been physically injured or destroyed, resulting from pollution conditions caused by contracting operations. Coverage as required in this paragraph shall apply to sudden and non -sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids, or gases, waste materials, or other irritants, contaminants, or pollutants. The CPL shall also provide coverage for transportation and off -Site disposal of materials. The policy shall not contain any provision or exclusion (including any so-called "insured versus insured" exclusion or "cross -liability" exclusion) the effect of which would be to prevent, bar, or otherwise preclude any insured or additional insured under the policy from making a claim which would otherwise be covered by such policy on the grounds that the claim is brought by an insured or additional insured against an insured or additional insured under the policy.

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

A. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement 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.

B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services W.A.Rasic Construction Company, Inc. Page C-2 6-190

contemplated by this Agreement shall be included as insureds under such policies.

C. 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.

D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

A. 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 Agreement. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. City reserves the right to require complete, certified copies of all required insurance policies, at any time.

B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Contractor sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Contractor, City and Contractor may renegotiate Contractor's compensation.

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements 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 agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated W.A.Rasic Construction Company, Inc. Page C-3 6-191

herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13.

D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees that any actual or alleged failure on the part of City to inform Contractor of non-compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder.

E. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, 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. If the Contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

F. 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.

G. 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.

H. 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.

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own W.A.Rasic Construction Company, Inc. Page C-4 6-192

judgment may be necessary for its proper protection and prosecution of the Work.

W.A.Rasic Construction Company, Inc. Page C-5 6-193

EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO.

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to W.A.

RASIC CONSTRUCTION COMPANY, INC., a California corporation, hereinafter designated as the "Principal," an agreement for on -call maintenance and/or repair services for water, wastewater and storm drains, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the Work agreed to be done, or for any work or labor done thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set forth.

NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( }
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the Principal's subcontractors, fail to pay for any materials, provisions, or other supplies, implements or machinery used in, upon, for, or about the performance of the Work contracted to be done, or for any other work or labor thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to such work and labor, then the Surety will pay for the same, in an amount not exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the Civil Code of the State of California.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as W.A. Rasic Construction Company, Inc. Page D-1 6-194

required by and in accordance with the provisions of Sections 9500 of seq. of the Civil Code of the State of California.

And Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed thereunder shall in any wise affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Agreement or to the Work or to the specifications.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of 120
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:
am
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST SE

ATTACHED
W.A. Rasic Construction Company, Inc. Page D-2 6-195

ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or validity of that document.

State of California
County of I ss.

On 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of } ss.

On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
W.A. Rasic Construction Company, Inc. Page D-3 6-196

EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO.

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to W.A.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well and truly keep and perform any or all the Work, covenants, conditions, and agreements in the Agreement and any alteration thereof made as therein provided on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to its true intent and meaning, or fails to indemnify, defend, and save harmless the City of Newport Beach, its officers, employees and agents, as therein stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the sum specified in this Bond; otherwise this obligation shall become null and void.

As a part of the obligation secured hereby, and in addition to the face amount specified in this Performance Bond, there shall be included costs and reasonable expenses and fees, including reasonable attorneys fees, incurred by City, only in the event City is required to bring an action in law or equity against Surety to enforce the obligations of this Bond.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed W.A. Rasic Construction Company, Inc. Page E-1
6-197

thereunder shall in any way affect its obligations on this Bond, and it does hereby waive notice of any such change, extension of time, alterations or additions of the Agreement or to the Work or to the specifications.

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:

Aaron C. Harp
City Attorney
,20
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
W.A. Rasic Construction Company, Inc. Page E-2

State of California
County of } ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of } ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
W.A. Rasic Construction Company, Inc. Page E-3 6-199

ATTACHMENT G

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MLADEN BUNTICH CONSTRUCTION CO., INC. FOR

ON -CALL WATER, WASTEWATER AND STORM DRAIN SERVICES

THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 23rd day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and MLADEN BUNTICH CONSTRUCTION CO., INC., a California corporation ("Contractor"), whose address is 1500 West 9th Street, Upland, CA 91786, 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 maintenance and/or repair services for water, wastewater and storm drains ("Project").

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described in this Agreement.

D. Contractor has examined the location of all proposed work, carefully reviewed and evaluated the specifications set forth by City for the Project, is familiar with all conditions relevant to the performance of services, and has committed to perform all work required for the compensation specified in this Agreement.

NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:

INEEMMMI
The term of this Agreement shall commence on the Effective Date, and shall terminate on April 30, 2028, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1 Contractor shall perform the on -call services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ("Services" or "Work"). Upon written request from the Project Administrator as defined herein, 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; 6-200

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.

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 and the Letter Proposal. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City.

3.2 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 within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed.

3.3 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein, 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.

3.4 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 TO CONTRACTOR

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 Letter Proposal and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Except as otherwise provided herein, no rate changes shall be made during the term of this Agreement without the prior written approval of the City's Utility Director or designee. Contractor's compensation for all Services performed in accordance with this Agreement, including all reimbursable items, shall not exceed Five Hundred Thousand Dollars and 00/100 ($500,000.00), without prior written amendment to the Agreement.

discretion of the City's Utilities Director or designee. The Updated Rates shall be subject to the written approval of the City's Utility Director or designee, which approval shall not be unreasonably withheld. After approval, the Updated Rates shall be incorporated into the Schedule of Billing Rates attached hereto as Exhibit B to this Agreement, and shall be effective as of July 1 subsequent to the submission. The Updated Rates shall not apply to any Work completed, in progress, or Letter Proposal accepted by the City prior to the effective date.

4.3 Contractor shall submit monthly invoices to City describing the Work performed the preceding month. Contractor's bills shall include the name and/or classification of employee who performed the Work, a brief description of the Services performed and/or the specific task in the Scope of Services 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) calendar days after approval of the monthly invoice by City staff.

4.4 City shall reimburse Contractor only for those costs or expenses specifically identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved in writing in advance by City.

4.5 Contractor shall not receive any compensation for Extra Work performed 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 Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B and the Letter Proposal.

5. 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 Evan Casaus 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_

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 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. City's Utilities Manager or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement.

Mladen Buntich Construction Co., Inc. Page 3 6-202

7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement, City agrees to 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.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

8.1 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.

8.2 All of the Services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with community professional standards and with the ordinary degree of skill and care that would be used by other reasonably competent practitioners of the same discipline under similar circumstances. 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, all applicable federal, state and local laws and legally recognized professional standards.

8.3 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.

8.4 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, 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. RESPONSIBILITY FOR DAMAGES OR INJURY

9.1 City and all officers, employees and representatives thereof and all persons and entities owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services 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 and/or Services by Contractor, or its subcontractors, or its workers, or anyone employed by either of them.

9.2 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, Mladen Buntich Construction Co., Inc. Page 4 6-203

obstructions or from any cause arising from Contractor's Work on the Project and/or Services, or the Work of any subcontractor or supplier selected by Contractor.

9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services contemplated by this Agreement (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, attorneys' 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).

9.4 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 attorneys' 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 Contractor.

9.5 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.

9.6 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.

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

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 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.

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 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 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.

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 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.

15. BONDING

15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount of one hundred percent (100%) of the total amount to be paid Contractor as set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

Mladen Buntich Construction Co., Inc. Page 6 6-205

15.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall be issued by an insurance organization or surety (1) currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, (2) listed as an acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty.

15.3 Contractor shall deliver, concurrently with City's approval of any Letter Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner, which authorizes the Insurer or Surety to transact surety insurance in the State of California.

16. PREVAILING WAGES

16.1 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.

16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or subcontractor was listed on the bid proposal for the Services that it is not currently registered and qualified to perform public work. Contractor further warrants that it is currently registered and qualified to perform "public work" pursuant to California Labor Code section 1725.5 or any successor statute thereto and that no contractor or subcontractor will engage in the performance of the Services unless currently registered and qualified to perform public work.

17. 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 Mladen Buntich Construction Co., Inc. Page 7 6-206

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.

18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to City for all acts and omissions of any subcontractor. 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. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and 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.

19. 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 prior written request.

20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information.

21. 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.

Mladen Buntich Construction Co., Inc. Page 8 6-207

22. 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.

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

24.1 Contractor or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et seq., which (1) require such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibit such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

24.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor shall conform to all requirements therein. 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 City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.1 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, 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.

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at-
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Mladen Buntich Construction Co., Inc. Page 9 6-208

Attn: Mladen Buntich Jr.

Mladen Buntich Construction Co., Inc.
1500 West 9th Street
Upland, CA 91786

26. CLAIMS

26.1 Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this 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.

Contractor and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Contractor shall be required to file any claim Contractor may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

26.2 To the extent that Contractor's claim is a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, the Parties agree to follow the dispute resolution process set forth therein. Any part of such "Claim" remaining in dispute after completion of the dispute resolution process provided for in Public Contract Code section 9204 or any successor statute thereto shall be subject to the Government Claims Act requirements requiring Contractor/Consultant to file a claim in strict conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

27.1 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 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, and thereafter diligently take steps to cure the default, the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof.

27.2 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 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, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form.

Haden Buntich Construction Co., Inc. Page 10
6-209

28. LABOR

28.1 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.).

28.2 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.

28.3 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.

28.4 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 from loss or damage, including but not limited to attorneys' 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.

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

29.2 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, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City.

29.3 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.

29.4 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.

29.5 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.

29.6 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 Mladen Buntich Construction Co., Inc. Page 11 6-210

against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply.

29.7 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.

29.8 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.

29.9 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.

29.10 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, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

29.12 Counterparts. This Agreement may be executed in two (2) 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]
Mladen Buntich Construction Co., Inc. Page 12 6-211

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: 5 Io z3
By:
a n C. Harp
Cft� Attorney
ATTEST:

Date:

By:

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR: MLADEN BUNTICH
CONSTRUCTION CO., INC., a California
corporation
Date:

By:

Leilani I. Brown Mladen Buntich, Jr.

City Clerk Chief Executive Officer
Date:

By:

Michael S. Witz
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C
— Insurance Requirements
Exhibit D -- Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
Mladen Buntich Construction Co., Inc. Page 13 6-212

EXHIBIT A

SCOPE OF SERVICES
Mladen Buntich Construction Co., Inc. Page A-1 6-213

SCOPE OF SERVICES
Contractor shall perform On -Call Water, Wastewater and Storm Drain Services for the City.

Contractor shall furnish all labor, equipment, materials, and supervision to provide as -needed underground utility repairs, including but not limited to:

Installing, abandoning, relocating, extending, evaluating damages, testing, restoring water service, rehabilitation, lining, repair and replacement of water system components such as:
• Waterlines sizing from 4" to 48" in diameter
• Waterline pipe materials including, Ductile Iron, Cast Iron, Asbestos Cement (ACP), Polyvinyl Chloride, and Steel piping
• Valves of various types and sizes, typically six to twelve (6 to 12) inches, but up 48-inches • Services ranging from 1" to 8" in diameter
• Meters, boxes vaults and substructures of various sizes • Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes • Welding steel pipe and steel components
• Vaults of various sizes
• Fire connections of various sizes
Installing, abandoning, relocating, extending, evaluating damages, testing, restoring service, rehabilitating, lining, repair and replacement of wastewater/sewer system components such as:
• Gravity sewer mains pipes including VCP, PVC, AC and lined steel pipe varying in size from 4" to 18"
• Force mains sizing from 4" to 12" in diameter
• Laterals of 4" to 8" (four to eight inch)
• Clean -outs
• Vaults/wet wells
• Valves of various sizes
• Manholes
Installing, abandoning, relocating, extending, evaluating damages, testing, rehabilitation, lining, repair and replacement of storm drain and tide valve components such as:
• Storm drain piping, including concrete, PVC, AC pipes • Junction Structures
• Catch basins
• Tide valves and structures
• Manholes
MISCELLANEOUS:
• Excavations and trenching of various depths and sizes • Dewatering
• Grading
• Disposal of excess materials and spoils
• Hauling of material (for backfilling and grading)
• Backfill and compaction.
6-214

SCOPE OF SERVICES
Roadway, alleyway, and sidewalk repairs (asphalt and concrete) Welding on pipe or structures

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 their staff. Where applicable, Contractor must comply with all safety standards required by all regulatory agencies including but not limited to; California Division of Occupational Safety and Health (CAL -OSHA), South Coast Air Quality Management District (SCAQMD), and the Orange County Environmental Health Care Agency (OCEHD). This also includes local regulatory compliance set forth by the City of Newport Beach. 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.
• Must have the knowledge and experience to dewater trenches and discharge per NPDES standards.

Contractor shall 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, Contractor shall 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.

Contractor shall provide callback within six hours after initial request from the City for underground utility services.
6-215

EXHIBIT B

SCHEDULE OF BILLING RATES
Mladen Buntich Construction Co., Inc. Page B-1 6-216

0 %untich
Project costs components will be subject to markup as follows:

Labor
20%
Equipment
15%
Materials
15%
Subcontractors 10%
Bonds:
1%
6-217

mindcn Uuntich construction co. inc.

GENERAL ENGI NEERING CON'rRAC-rOR
BASE
WAGE

I STRAIGHT
TIME

OVERTIME

DOUBLETIME

LABORER
Group 1- Boring Machine Helper, Concrete Curer water curing), $39.23
$74.77
$98.63
$122.49
Group 2 - Asphalt 5hovier, Cement Dumper, Fine Grader,
$39.78
$75.44
$99.64
$123.83
Group 3 - Asphalt Installation, Compactor, Concrete Cutter, Driller, $40.33
$76.11
$100.64
$125.17
Group 4 - Worker Exposed to Raw Sewage, Asphalt Raker, Asphalt $41.88
$77.99
$103.47
$128.94
Group 5 - Driller, Toxic Waste Removal, Welding
$42.23
$78.42
$104.11
$129.79

OPERATING ENGINEER
Group 1- Forklift under 5 tons), Generator/Pump Operator, etc. $53.90
$97.19
$129.98
$162.76
Group 2 - forklift over 5 tons), Ski loader (up to 3/4 cu d $54,68
$98.14
$131.40
$164.66
Group 3 - Bobcat or similar type
$54.97
$98.49
$131.93
$165.37
Group 4- Backhoe/Boring Machine/Concrete Pump/Drilling Machine $56,46
$100.31
$134.65
$168.99
Group 6 - Concrete Placer/Hydraulic Casino Oscillator 45 ft max $56.68
$100.57
$135.05
$169.53
Group 8 - Asphalt/Concrete Spreading/Asphalt Paving Machine/ $56.79
$100.71
$13S.25
$169.79
Group 10 - Backhoe over 5 cy)/Drilling Machine Bucket or Auger $56.91
$100.85
$135.47
$170.09
Group 12 - Backhoe Operator (over 7 c /Rubber -Tired Earthmoving $57.08
$101.06
$135.78
$170.50
j Group 13 - Rubber -Tired Eartfinnoving Equipment Operator (single $57.18
$101,18
$135.96
$170.74
Group 14 - Canal Liner/Canal Trimmer/Remote-control Earthmoving $57,21
$101.22
$136.02
$170.82
Group 15 - Rubber -Tired Earthmoving Equipment see description) $57.29
$101.32
$136.15
$171.01
Group 16 - Rubber -Tired Earthmoving Equipment see description) $57.41
$101.46
1 $136.38
$171.30
I Group 17 - Rubber -Tired Earthmoving Equipment see description) $57.58
$101.67
$136.69
$171.72
Group 18 - Rubber -Tired Earthmoving Equipment (see description) $57.68
$101.79
$136.88
$171.96
Group 19 - Rubber -Tired Earthmoving Equipment see description) $57.79
$101.93
$137,08
$172.23
Group 20 - Rubber -Tired Earthmoving Equipment see description) $57.91
$102.07
$137.29
$172.52
Group 21 - Rubber -Tired Earthmoving Equipment (see description) $58.08
$102.28
$137.61
$172.93
Group 22 - Rubber -Tired Earthmoving Equipment see description) $58.18
$102.40
$137.79
$173.18
Grou 23 - Rubber -Tired Earthmoving Equipment see description) $58.29
$102.53
$137.99
$173.44
Group 24 - Rubber -Tired Earthmoving Equipment see description) $58.41
$102.68
$138.21
$173.74
Group 25 - Concrete Pump Operator
$58.58
$102.89
$138.52
$174.15
6-218

mladen buntich construction co. inc.

GENERAL ENGINEERING CONTRACTOR

CALTRANS EQUIPMENT RATES
2022-2023

HAULING

EQUIPMENT

HOURLY RATE
112 TON PICKUP
$

33.90 314 TON PICKUP
$

33.90 1 TON PICKUP (DIESEL)
$

38.20 1 TON SERVICE TRUCK
$
38,20
1 112 TON SERVICE TRUCK
$

38.20 FLAT BED TRUCK (15,000 LBS.)
$

49.31 FREIGHTLINER FLATBED TRUCK (22,000 LBS)
$

52.02 2000 GAL, WATER TRUCK
$

52.02 4000 GAL WATER TRUCK
$

76.14 6 YD BOBTAIL DUMP
$

66.11 Peterbilt 367 - Semi
$

94.98 KW T800 HH - SEMI TRACTOR
$

94.98 MURREY LOWBED (EQUIPMENT TRAILER)
$

33.75 TRAIL KING TRAILER (EQUIPMENT TRAILER)
$

15.67 COZAD LOWBED (EQ TRAILER)
$

33.75 RELIANCE END DUMP
$

94.98 EXCAVATORS

EQUIPMENT
RATE
CAT 320BL-HYDRAULIC
$

95.36 JOHN DEERE 21OLE
$

48.50 JOHN DEERE 210K
$

50.87 JOHN DEERE 410J
$

73.05 JOHN DEERE 71OG 4x4
$

89.83 JOHN DEERE 31OG
$

51.02 JOHN DEERE 710J
$

78.51 JOHN DEERE 710L
Not Listed
KOMATSU PC78UU-6
$

34.43 KOMATSU PC35-MR2
$

25.27 KOMATSU PC300-LC-7 Hydraulic
$
190.49
KOMATSU PC308US LC-3
S
132.14
KOMATSU PC40OLC-6
$
231.12
KOMATS U-PC600LC-6-Hydraulic
$
317.08
KOMATSU PC20MR-2
S

19.42 CAT 336D LONG REACH
S
211.24
JOHN DEERE 17DX
Not Listed
KOMATSU PC-360LC
$
161.24
6-219

Omlcden buntich construction co. inc.

GENERAL ENGINEERING CONTRACTOR

CALTRANS EQUIPMENT RATES
2022-2023

LOADERS/ DRILLING

EQUIPMENT
RATE
BOBCAT 863F SKID STEER
$

44.64 BOBCAT S250 SKID STEER
$

34.15 BOBCAT S200 SKID STEER
$

34.15 CAT 248 SKID STEER
$

42.33 CAT 236B SKID LOADER
S

42.33 BOBCAT MT55 WALK BEHIND LOADER
S

34.15 CAT 950H
$
155.08
CAT 950K (NEW UNIT)
$
155.71
CAT IT28G
$

94.01 CAT IT38G
$
108.41
CAT 928G
$

92.66 CAT D5N-XL
$

76.76 SPIRADRILL MDL 90
S
190.68
KOMATSU PC240 LC11
$
118.47
CAT 225BLC LO-DRILL
$
207.01

GRADING/ PAVING

EQUIPMENT
RATE
MITSUBISHI MG400A
$

90.84 2000 VACMASTERS SPV 800 DT4/W
$

35.04 DYNAPAC CC142 ROLLER
S

44.86 INGERSOLL RAND DD24 ROLLER
S

44.86 INGERSOLL RAND SD45FB COMPACTOR
$

55.57 KOEMRING BOMAG BW141AD2 ROLLER
$

56.35 WACKER RD880V (width - 36" gas) SMOOTH ROLLER
$

12.40 ASPHALT ZIPPER AZ500 GRINDER
$

88.01 LEEBOY L150 EMULSION SPRAYER
$

8.21 SWEEPER
S

51.01 RAMMER COMPACTOR
S

4.73 VIBRATORY PLATE COMPACTOR
$

4.73 AIR COMPRESSOR 20CFM
$

6.41 AIR COMPRESSOR (DIESEL)
$

25.46 20LB PNEUMATIC CHIPPING HAMMER
$

0.90 35LB D-HANDLE BREAKER
$

1.05 55 LB. PNEUMATIC D-HANDLE CLAY DIGGER
$

1.14 55 LB. PNEUMATIC JUMBO RIVET BUSTER
S

1.14 90 LB. PNEUMATIC JACK HAMMER
$

1.61 50 LB. POWDER PUFF BACKFILL TAMPER
$

1.14 COMPACTION WHEEL 48"
$

2.23 COMPACTION WHEEL 72"
$

2.23 6-220

minden buntich construction co. inc.

GENERAL ENG I N EER I N G C O N T R ACTOR

CALTRANS EQUIPMENT RATES
2022-2023

LIFTING

EQUIPMENT
RATE
GROVE RT58B 15 TON WHEEL CRANE
S

71.14 GROVE RT58C 18 TON WHEEL CRANE
$

71.14 GROVE RT 745 WHEEL CRANE
$
147.82
GROVE RT 528C 28 TON WHEEL CRANE
$
100.44
FMC 18 TON - LINK BELT HSP-8018 WHEEL CRANE
$

79.21 TEREX CD225 -25 TON CRANE, SELF PROPELLED
$

78.36 TEREX RT 780 80 TON WHEEL CRANE
$
205.17
GROVE RT540E
$
111.23
GROVE 880 80 TON CRANE
$
198.65
GROVE 880 80 TON CRANE
$
198.65
4 TON FORKLIFT
$

51.44 10 TON FORKLIFT (HYSTER H2O0E)
$

87.49 12 TON FORKLIFT
$

86.13 15 TON FORKLIFT
$

95.29 18 TON FORKLIFT
$
120.49
25 TON FORKLIFT
$
143.14
M15C.

EQUIPMENT
RATE

PIONEER PUMP
$

32.99 INDUSTRIAL SCIENTIFIC ITX GAS DETECTOR
$

1.07 TRIPOD RECOVERY STATION
$

0.46 TOP CON RLSV25
$

4.59 GEOTOP CON INSTRUMENTAL LEVEL
$

2.52 SPECTRA PRECISION OPTICAL LEVEL AL1241TRIPOD/ROD
$

2.52 TRIMBLE LEVEL GUN AL232
$

2.52 CUT OFF SAW (14")
$

3.99 CUT OFF SAW (16")
S

3.99 CONCRETE SAW
$

3.99 EXTENTION LADDER (OVER 40')
S

0.30 POWER WASHER (2600 PSI)
$

9.96 DIESEL BLOWER (25000 CFM)
$

22.56 FLOW METER (hourly)
$

2.31 SUBMERSIBLE PUMP (110 V)
$

4.13 SUBMERSIBLE PUMP 3"
$

6.63 WATER PUMP 4" DETROIT DIESEL
$

7.40 SUBMERSIBLE PUMP (480 V)
$
28,65
WATER TOWER (10,000 GAL.)
$

4.50 EX-TEC 4400 SCREEN
$

52.88 WINCH - 25 TON
$

8.61 WINCH - 47 TON
S

8.61 I/R AIR WINCH 22,000LB
$

8.61 6-221

mtoden buntich construction co. inc_
GENERAL ENGI NEERtNG CON-rR AC-ro R

CALTRANS EQUIPMENT RATES
2022-2023
MUCK HOPPER - 1 CY
$

4.42 GBIT HYDRAULIC HAMER ATTACHMENT
$

30.89 SOOSAN SB80 BREAKER
$

30.89 SOOSAN SB50 BREAKER
$

21.03 MKT V-513 EXTRACTOR
$

62.04 ICE 22-30 EXTRACTOR
$
270.33
24" ROCK AUGER
$

1.71 24" CORE BARREL AUGER
S

1.27 BEDDING BOX
$

1.15 TEMP. POWER CORD
$

0.47 TEMP. POWER BOX
$

0.29 MULTIQUIP FULL SACK GAS MIXER
S

4.83 CCTV Van E450 2006- With Submitted Camera Manifest - Buntich S

91.76 WELDERS/GENERATORS

EQUIPMENT
RATE
DEWALT DG2900 2.9KW GEN.
$

2.51 6KW GENERATOR
$

5.14 20KW GENERATOR
$

11.47 BOBCAT 250NT WELDER/GENERATOR
$

11.47 25KW GENERATOR
$

18.11 40KW GENERATOR
$

18.11 6OKW-70KW GENERATOR
S

32.91 275KW GENERATOR
$
114.68

PORTABLE WELDER
$

7.85 OXYIACE CUTTING TORCH
$

0.29 TRAFFIC CONTROL

EQUIPMENT
RATE

MESSAGE BOARD (CMS)
S

3.97 SOLAR BOARD
$

10.66 Shoring I Hourly

EQUIPMENT
RATE
HYDRAULIC SHORES 36" THRU 88", PER SHORE
$

1.25 DAILY RATES

EQUIPMENT

TRAFFIC CONTROL (DAILY)

EQUIPMENT
K-RAIL (20' STICK)
$

0.49 DELINEATORS 1 CONES, EA (PER 100)
$

26.68 CRASH CUSHION, Filled, EA
$

1.23 BARRICADES WITH FLASHER
$

0.52 BARRICADES WITHOUT FLASHER
$

0.27 FLAG STAND 1 SIGN I
$

3.01 6-222

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCEIREPAIR/JANITORIAL SERVICES

3. Coverage Requirements.

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 Mladen Buntich Construction Co., Inc. Page C-1 6-223

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

B. Additional Insured Status. All liability policies including general liability, products and completed operations, excess liability, pollution liability, and automobile liability, if required, shall provide or be endorsed to provide that City, its City Council, boards and commissions, officers, agents, volunteers, employees, and any person or entity owning or otherwise in legal control of the property upon which Contractor performs the Project and/or Services Mladen Buntich Construction Co., Inc. Page C-2 6-224

contemplated by this Agreement shall be included as insureds under such policies.

C. 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.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

C. Right to Review Subcontracts. Contractor agrees that upon request, all agreements 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 agreements will not impose any liability on City, or its employees. Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated Mladen Buntich Construction Co., Inc. Page C-3 6-225

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Mladen Buntich Construction Co., Inc. Page C-4 6-226

judgment may be necessary for its proper protection and prosecution of the Work.

Mladen Buntich Construction Co., Inc. Page C-5 6-227

101A:II-311A11

CITY OF NEWPORT BEACH
BOND NO.

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to MLADEN BUNTICH CONSTRUCTION CO., INC., a California corporation, hereinafter designated as the "Principal," an agreement for on -call maintenance and/or repair services for water, wastewater and storm drains, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

The Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Section 9100 of the California Civil Code so as to give a right of action to them or their assigns in any suit brought upon this Bond, as Mladen Buntich Construction Co., Inc. Page D-1
6-228

required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the above named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:

LM
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
Mladen Buntich Construction Co., Inc. Page D-2 6-229

State of California
County of } ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Mladen Buntich Construction Co., Inc. Page D-3 6-230

EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO.

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to MLADEN BUNTICH CONSTRUCTION CO., INC., a California corporation, hereinafter designated as the "Principal," an agreement for on -call maintenance and/or repair services for water, wastewater and storm drains, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of ( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed Mladen Buntich Construction Co., Inc. Page E-1
6-231

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:

Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Mladen Buntich Construction Co., Inc. Page E-2
6-232

State of California
County of } ss.

On , 20 before me, ,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of } ss.

On , 20 before me,
Notary Public, personally appeared ,
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
Mladen Buntich Construction Co., Inc. Page E-3 6-233

ATTACHMENT H

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH J. DE SIGIO CONSTRUCTION, INC. FOR

ON -CALL WATER, WASTEWATER, AND STORM DRAIN SERVICES

THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 23rd day of May, 2023 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and J. DE SIGIO CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 5055 Bleecker Street, Baldwin Park, CA 91706, and is made with reference to the following:

B. City desires to engage Contractor to perform on -call maintenance and/or repair services for water, wastewater and storm drains ("Project").

C. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the maintenance and/or repair services described 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 April 30, 2028, unless terminated earlier as set forth herein.

2. SERVICES TO BE PERFORMED

2.1.1 A detailed description of the Services to be provided; 6-234

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.

3. TIME OF PERFORMANCE

3.4 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 TO CONTRACTOR

Thousand Dollars and 00/100 ($500,000.00), without prior written amendment to the Agreement.

4.2 By or before June 1 of each year during the term of this Agreement, Contractor may submit an updated Schedule of Billing Rates ("Updated Rates") in writing to the City's Project Administrator. Receipt of late submissions shall be subject to the discretion of the City's Utilities Director or designee. The Updated Rates shall be subject to the written approval of the City's Utility Director or designee, which approval shall not be unreasonably withheld. After approval, the Updated Rates shall be incorporated into the Schedule of Billing Rates attached hereto as Exhibit B to this Agreement, and shall be effective as of July 1 subsequent to the submission. The Updated Rates shall not apply to any Work completed, in progress, or Letter Proposal accepted by the City prior to the effective date.

5. 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 Julian De Sigio III 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.

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.

J. De Sigio Construction, Inc. Page 3 6-236

Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement.

8. TYPE AND INSTALLATION OF MATE RIALSISTANDARD OF CARE

J. De Sigio Construction, Inc. Page 4 6-237

9. RESPONSIBILITY FOR DAMAGES OR INJURY

9.2 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 and/or Services, or the Work of any subcontractor or supplier selected by Contractor.

Contractor shall be liable for any private or public property damaged during the performance of the Work by Contractor or its agents.

J. De Sigio Construction, Inc. Page 5 6-238

9.7 The rights and obligations set forth in this Section shall survive the termination of this Agreement.

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. 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 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.

of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference.

15. BONDING

16. PREVAILING WAGES

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.

J. De Sigio Construction, Inc. Page 8 6-241

23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.

24. CONFLICTS OF INTEREST

indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section.

25. NOTICES

25.2 All notices, demands, requests or approvals from Contractor to City shall be addressed to City at:

Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658

25.3 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:

Attn: Julian De Sigio III
J. De Sigio Construction, Inc.
5055 Bleecker Street
Baldwin Park, CA 91706

26. CLAIMS

conformance with the Government Claims Act. To the extent that Contractor's claim is not a "Claim" as defined in Public Contract Code section 9204 or any successor statute thereto, Contractor shall be required to file such claim with the City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.).

27. TERMINATION

28. LABOR

28.3 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.

J. De Sigio Construction, Inc. Page 11 6-244

29. STANDARD PROVISIONS

29.1 Recitals. City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference.

No verbal agreement or implied covenant shall be held to vary the provisions herein.

29.6 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.

29.7 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.

29.9 Controllinq 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.

ancestry, physical handicap, medical condition, marital status, sex, sexual orientation, age or any other impermissible basis under law.

29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees.

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:y i
ion C. Harp ti3
Ci Attorney
ATTEST:

Date:

Leilani 1. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR:

CONSTRUCTION,
corporation
Date:
in
J. DE SIGIO
INC., a California
Julian De Sigio III
Chief Executive Officer
Date:

Julian De Sigio, Jr.

Secretary
[END OF SIGNATURES]
Attachments: Exhibit A
— Scope of Services
Exhibit B
— Schedule of Billing Rates
Exhibit C. — Insurance Requirements
Exhibit D —
Labor and Materials Payment Bond
Exhibit E —
Faithful Performance Bond
J. De Sigio Construction, Inc. Page 14 6-247

EXHIBIT A

SCOPE OF SERVICES
J. De Sigio Construction, Inc. Page A-1 6-248

SCOPE OF SERVICES
Contractor shall perform On -Call Water, Wastewater and Storm Drain Services for the City.

Contractor shall furnish all labor, equipment, materials, and supervision to provide as -needed underground utility repairs, including but not limited to:

SCOPE OF SERVICES
Roadway, alleyway, and sidewalk repairs (asphalt and concrete) Welding on pipe or structures

CONTRACTOR REQUIREMENTS
Contractor shall be required to:

Upon acceptance of work, Contractor shall 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.

Contractor shall provide callback within six hours after initial request from the City for underground utility services.
6-250

EXHIBIT B

SCHEDULE OF BILLING RATES
J. De Sigio Construction, Inc. Page B-1 6-251

fi
J. DE SIGIO CONSTRUCTION, INC.
5055 Bleecker Street, Baldwin Park, CA 91706
..r. Telephone: 626-480-8900 Fax: 626-480-0550
2023

LABOR & EQUIPMENT PRICE LIST
LABOR

REGULAR TIME

TIME & ONE HALF

DOUBLE TIME

SUPERINTENDENT
$
147.00
HR
$
220.50
HR
$
294.00
HR

FOREMAN
$
135.CC
HR
$
202.50
HR
$
270,00
HR

OPERATOR
$
141.00
HR
$
211.51)
HR
$
282.00
HR

TRUCK DRIVER
$
109.00
HR
$
163.50
HR
$
218.00
HR

LABORS / PIPE LAYER
$
109.00
HR
$
163.50
HR
$
218.00
HR
LABORS
$

81.00 HR
$
121.50
HR
$
162.00
HR
`* WELDER
$
140.00
HR
$
210.00
HR
$
280.00
HR

EQUIPMENT

ARROW BOARD
$

36.00 HR

TRUCK / SAW CUTTING
$
160.00
HR
BACK HOE - 410
$
65,00
HR

TRUCK I TOOL
$

47.00 HR
BACK HOE - 710
$

78.00 HR
"" TRUCK I WELDING
$
125.00
HR

COMPACTION WHEEL
$

45.00 HR

VIBRAPLATE
$

37.00 HR

COMPACTOR / JUMPING JACK
$

38.00 HR

WATER BUFFALO
$

30.00 HR

COMPRESSOR
$

36.00 HR

WATER PUMP
$

35.00 HR
HOT TAP 1" OR 2"
$
240.00
EA

JACK HAMMER
$

32.CO
HR
BACK HOE - 710 WIBREAKER
$
1,250.00
DAY
** ROLLER ! ASPHALT
$

70.00 HR

CEMENT MIXER
$
150.00
DAY

ROLLER I TRENCH COMPACTOR
$

42.00 HR
DELINEATORS I SIGNS (4 sigres
a $

50.00 DAY

SKID STEER W/BUCKET
$
54,00
HR
EXCAVATOR (4500 Lbs)
$
975.00
DAY

SKID STEER WICOLD PLANER
$
84,00
HR

LIGHT TOWER
$
210.00
DAY

SKID STEER WISWEEPER
$

62.00 HR
TRUCK! BOOM
$
1,600.00
DAY

STOMPER I DROP HAMMER
$

72.00 HR
TRUCK 1 WATER
$
445.00
DAY

TEST PUMP
$

35.00 HR

TRUCK / DUMP (BOBTAIL)
$

6.0.00 HR

DUMP FEE
"(PER LOAD @ COST
PLUS)
TRUCK I DUMP (SUPER 10)
$

73.00 HR
LOADER
*(RENTAL @ COST
PLUS)

TRUCK I END DUMP
$
211.00
HR
SHORING I TRENCH PLATES "(RENTAL @ COST
PLUS)

TRUCK/FOREMAN
$

38.00 HR

STREET SWEEPER
"(RENTAL @ COST
PLUS)
* RENTAL SACK HOE W/OPERATOR $ 300.00 HR + $2,400 Mobilization

EMERGENCY CALLOUT
MOBILIZATION $ 2,900.00 LS
(Move On)
DEMOBILIZATION $ 2,9C0.00 LS
(Move Off}
* For Emergency work and/or when JDC Operators are not avadible ** ITEMS NOTED WITH DOUBLE STAR HAVE A 4 HOUR MINIMUM,

1.) TIME & ONE HALF LABOR RATE FOR ALL WORK AFTER 3:00 P.M. WEEKDAYS AND ALL SATURDAYS.

2.) DOUBLE TIME LABOR RATE AFTER 12 HOURS ON WEEKDAYS OR SATURDAYS, ALL SUNDAYS AND ALL MAJOR HOLIDAYS,

3.) INVOICES (ANDIOR) MATERIAL OR VENDORS CHARGES AS WRITTEN, PLUS 20% MARKUP.

SUB -CONTRACTOR INVOICES CHARGES AS WRITTEN, PLUS 10% MARKUP. 4,) RATES START WHEN EQUIPMENT & PERSONEL LEAVE EXISTING LOCATION AND STOP WHEN BACK AT SITE OR OUR YARD ON BLEECKER STREET IN BALDWIN PARK.

5.) RATES EFFECTIVE THROUGH 1213112023.

6.) EMERGENCY CALLS - CLIENT IS RESPONSIBLE FOR NOTIFYING "EMERGENCY USA". 1/1212023
6-252

J. DE SIGIO CONSTRUCTION, INC.
5055 Bleecker Street, Baldwin Park, CA 91706
Telephone: 626-480-8900 Fax: 626-480-0550
2024

LABOR & EQUIPMENT PRICE LIST
LABOR

REGULAR TIME

TIME & ONE HALF

DOUBLE TIME

SUPERINTENDENT
$
154.00
HR
$
231.00
HR
$
308.00
HR

FOREMAN
$
142.00
HR
$
213.00
HR
$
284.00
HR

OPERATOR
$
147.00
HR
$
220.50
HR
$
294.00
HR

TRUCK DRIVER
$
112.00
HR
$
168,00
HR
$
224.00
HR
LABORS 1 PIPE LAYER
$
115.00
HR
$
172.50
HR
$
230.00
HR
LABORS
$

83.00 HR
$
124.50
HR
$
166.00
HR
* WELDER
$
146,00
HR
$
219.00
HR
$
292.00
HR

EQUIPMENT

ARROW BOARD
$

36.90 HR
"` TRUCK 1 SAW CUTTING
$
164.00
HR
BACK HOE - 410
$

66.63 HR

TRUCK/TOOL
$

48.18 HR
BACK HOE - 710
$

79.95 HR
"* TRUCK 1 WELDING
$
128.13
HR

COMPACTION WHEEL
$

46.13 HR

VIBRAPLATE
$

37.93 HR
COMPACTOR 1 JUMPING JACK
$

38.95 HR

WATER BUFFALO
$

30.75 HR

COMPRESSOR
$

36.90 HR

WATER PUMP
$

35.88 HR
HOT TAP 1" OR 2"
$
246.00
EA

JACK HAMMER
$

32.80 HR
BACK HOE - 710 WIBRFAKFR
$
1,281.25
DAY
*' ROLLER /ASPHALT
$

71.75 HR

CEMENT MIXER
$
153.75
DAY

ROLLER/ TRENCH COMPACTOR
$

43.05 HR
DELINEATORS I SIGNS (4
signes. $

51.25 DAY

SKID STEER WISUCKET
$

55.35 HR
EXCAVATOR (4500 Lbs)
$
999.38
DAY
*` SKID STEER WlCOLD PLANER
$

86.10 HR

LIGHT TOWER
$
215.25
DAY
SKID STEER @SWEEPER
$

63.55 HR

TRUCK/BOOM
$
1,640.00
DAY

STOMPER / DROP HAMMER
$

73.80 HR
TRUCK 1 WATER
$
456.13
DAY

TEST PUMP
$

35.8B
HR
TRUCK 1 DUMP (BOBTAIL)
$

61.50 HR

DUMP FEE
`(PER LOAD @ COST
PLUS)
TRUCK 1 DUMP (SUPER 10)
$

74.83 HR
LOADER
-(RENTAL
@ COST
PLUS)
TRUCK 1 END DUMP
$
216.28
HR
SHORING 1 TRENCH PLATES •(RENTAL
@ COST PLUS)

TRUCK/FOREMAN
$

38.95 HR

STREET SWEEPER
•(RENTAL
@ COST
PLUS)
* RENTAL BACK HOE W10PERATOR $ 300.00 HR + $2,400 Mobilization

EMERGENCY CALLOUT
MOBILIZATION $ 2,900.00 LS
(Move On)
DEMOBILIZATION $ 2,900.00 LS
(Move Off)
For Emergency work and/or when JDC Operators are not availible ITEMS NOTED WITH DOUBLE STAR HAVE A 4 HOUR MINIMUM.

1.) TIME & ONE HALF LABOR RATE FOR ALL WORK AFTER 300 P.M. WEEKDAYS AND ALL SATURDAYS,

2.) DOUBLE TIME LABOR RATE AFTER 12 HOURS ON WEEKDAYS OR SATURDAYS, ALL SUNDAYS AND ALL MAJOR HOLIDAYS.

3.) INVOICES {AND/OR) MATERIAL_OR VENDORS CHARGES AS WRITTEN PLUS 20% MARKUP.

SUB -CONTRACTOR INVOICES CHARGES AS WRITTEN, PLUS 10% MARKUP.

4.) RATES START WHEN EQUIPMENT & PERSONEL LEAVE EXISTING LOCATION AND STOP WHEN BACK AT SITE OR OUR YARD ON BLEECKER STREET IN BALDWIN PARK.

5.) RATES EFFECTIVE 01/01/2024 THROUGH 12/31/2024.

6.) EMERGENCY CALLS - CLIENT iS RESPONSIBLE FOR NOTIFYING "EMERGENCY USA". 3/8/2023
6-253

EXHIBIT C
INSURANCE REQUIREMENTS — MAI NTENANCE/RE PAI RIJANITORIAL SERVICES 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.

3. Coverage Requirements.

Contractor shall submit to City, along witl
Waiver of Subrogation endorsement in
boards and commissions, officers, agent
any person or entity owning or otherwise
upon which Contractor performs tl'
contemplated by this Agreement.
the certificate of insurance, a
avor of City, its City Council,
volunteers, employees, and
in legal control of the property
s Project and/or Services
B. 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. 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).

C. Automobile Liability Insurance. Contractor shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 J. De Sigio Construction, Inc. Page C-1 6-254

4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions:

contemplated by this Agreement shall be included as insureds under such policies.

C. PrimarV 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.

5. Additional Agreements Between the Parties. The parties hereby agree to the following:

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own J. De Sigio Construction, Inc. Page C-4 6-257

judgment may be necessary for its proper protection and prosecution of the Work.

J. De Sigio Construction, Inc. Page C-5 6-258

EXHIBIT D

CITY OF NEWPORT BEACH
BOND NO.

LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to J. DE SIGIO CONSTRUCTION, INC., a California corporation, hereinafter designated as the "Principal," an agreement for maintenance and/or repair services for water, wastewater and storm drains, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety, (referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach, in the sum of Dollars ( },
lawful money of the United States of America, said sum being equal to 100% of the amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the Agreement; for which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors, or assigns, jointly and severally, firmly by these present.

required by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the State of California.

In the event that any principal above named executed this Bond as an individual, it is agreed that the death of any such principal shall not exonerate the Surety from its obligations under this Bond.

CITY ATTORNEY'S OFFICE
Date:

Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
J. De Sigio Construction, Inc. Page D-2 6-260

State of California
County of } ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of } ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)
J. De Sigio Construction, Inc. Page D-3 6-261

EXHIBIT E

CITY OF NEWPORT BEACH
BOND NO.

FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.

WHEREAS, the City of Newport Beach, State of California, has awarded to J. DE SIGIO CONSTRUCTION, INC., a California corporation, hereinafter designated as the "Principal," an agreement for maintenance and/or repair services for water, wastewater and storm drains, in the City of Newport Beach, in strict conformity with the Agreement on file with the office of the City Clerk of the City of Newport Beach, which is incorporated herein by this reference.

WHEREAS, Principal has executed or is about to execute the Agreement and the terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.

Surety, for value received, stipulates and agrees that no change, extension of time, alterations or additions to the terms of the Agreement or to the Work to be performed J. De Sigio Construction, Inc. Page E-1
6-262

This Faithful Performance Bond shall be extended and maintained by the Principal in full force and effect for one (1) year following the date of formal acceptance of the Project by City.

In the event that the Principal executed this bond as an individual, it is agreed that the death of any such Principal shall not exonerate the Surety from its obligations under this Bond.

CITY ATTORNEY'S OFFICE
Date:

Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
J. De Sigio Construction, Inc. Page E-2
6-263

State of California
County of } SS.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of I ss.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(seal)
J. De Sigio Construction, Inc. Page E-3 6-264

Newport Beach City CouncilMay 23, 2023

Newport Beach City Council
May 23, 2023