06 - Award of Agreements for On-Call Water, Wastewater, and Storm Drain Repair Services — Newport Beach City Council, May 23, 2023 (part 1 of 2)

Q �EwPpRT

CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
May 23, 2023
Agenda Item No. 6
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mark Vukojevic, Utilities Director - 949-644-3011, [email protected]
PREPARED BY: Joshua Rosenbaum, Senior Management Analyst, [email protected]
PHONE: 949-644-3011
TITLE: Award of Agreements for On -Call Water, Wastewater, and Storm Drain Repair Services
ABSTRACT:

The Utilities Department utilizes on -call contractors at times to perform as -needed and emergency repair services for the City of Newport Beach's (City) water, wastewater, and storm drain systems. The Utilities Department issued a Request for Qualifications (RFQ 23-54). Following the evaluation process, the staff recommends awarding a contract to eight qualified contractors for on -call water, wastewater and storm drain repair services. A variety of contractors provide the City rapid response times, flexibility in operations, differing expertise, and competitive pricing.

RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; b) Approve individual Maintenance/Repair Services Agreements with 1) T.E. Roberts, Inc., and 2) GCI Construction, Inc., for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $1,500,000, for each company, and authorize the Mayor and City Clerk to execute the Agreements; and
c) Approve individual Maintenance/Repair Services Agreements with 3) Mike Prlich & Sons, Inc.; 4) Ferreira Coastal Construction Co., 5) Paulus Engineering, Inc.; 6) W.A.

Rasic Construction, Company, Inc.; 7) Mladen Buntich Construction Company, Inc.; and 8) J. De Sigio Construction, Inc., for on -call water, wastewater, and storm drain services, for a five-year contract term with up to a total compensation amount of $500,000 for each company, and authorize the Mayor and City Clerk to execute the Agreements.
6-1

Award of Agreements for On -Call Water, Wastewater, and Storm Drain Repair Services May 23, 2023

Page 2 ends

DISCUSSION:

The Utilities Department maintains hundreds of miles of water, wastewater and storm drain pipelines and appurtenant facilities such as pump stations, pressure stations, reservoirs, treatment facilities, well sites, fire hydrants, valves, manholes and communication equipment. The maintenance and operation of these systems are administered by licensed City staff. At times, the Utilities Department requires the assistance from contractors to provide supplemental manpower, backlog reduction, expertise, equipment, special repairs, supplemental capital improvements and emergency services. Examples include deep excavations that require specialized shoring, storm damage repairs, dewatering, pipe welding, heavy and specialized equipment, emergency pipe repairs, utility locating/pothole services, and complex utility situations requiring several days of work.

Decisions to use these contractors are typically based on size and complexity of the repair or emergency, availability of staff and contract resources, shoring needs, expected duration of the repair and anticipated costs. When using contract resources, City staff oversees the repair. Typically, staff also provides supplemental services to save costs and expedite repairs.

On February 15, 2023, Request for Qualifications (RFQ) No. 23-54 was posted on PlanetBids with proposals due on March 8, 2023. Several dozen contractors were notified of the RFQ and the City received 15 proposals in total. The four -member evaluation panel consisted of staff from the Utilities and Public Works Departments. For this RFQ, the following five criteria were used: 1) Qualifications of the company and staff; 2) Responsiveness approach to the City 3) Experience with water, wastewater, and storm drain construction and repair work; 4) Experience with on -call as needed contracts; and 5) Ability to meet the City's specific insurance requirements.

Two contractors, T.E. Roberts, Inc. and GCI Construction, Inc., were deemed outstanding, highly responsive and highly qualified; their proposals and past work history warrant higher contract amounts. Six of the 15 contractors, Mike Prlich & Sons, Inc, Ferreira Coastal Const. Co, Inc, Paulus Engineering, Inc. W.A. Rasic Const. Co. Inc., Mladen Buntich Const. Inc, and J. DeSigio Const. Inc. were deemed qualified and responsive using the above criteria and most likely to be helpful and competitive when called upon. The other contractors each failed to earn an average of 70 points in their evaluation score and were not further considered.

The selected contractors are experienced in providing the needed water, wastewater and storm drain repair services and are qualified to perform a wide array of services required by the department. They are also properly licensed and insured to perform the work.

References were called and positive feedback was received regarding the contractor's work performance, especially in on -call and emergency situations. Five of the seven companies have previously performed work for the City with positive project history attested to by the coordinating departments. Three contractors will be new to the City, but their past work performance in providing on -call services for other government agencies and overall qualifications scored them high enough to be awarded an agreement with the City.
6-2

Award of Agreements for On -Call Water, Wastewater, and Storm Drain Repair Services May 23, 2023

Page 3 ends

On -call agreements do not guarantee any specific amount of business for the contracted company. The utilization of each contractor will be based on factors including the cost proposal, timeliness of response to the City's request, the company's ability to start and complete the requested project in a timely manner, and the company's expertise in a specific type of work. The eight companies consist of large and small corporations, with different crew and equipment sizes and varying expertise. For example, some contractors have better expertise with tide valves, in heavy groundwater situations, or working with deep wastewater piping. Work of an on -call nature is often predicated on contractor availability when the work or emergency situation is needed. When the City calls, contractors that can mobilize and propose quickly with competent and experienced crews provide the best value. Having several on -call companies provides greater responsiveness for emergencies and the City's needs.

Given all the companies are highly capable and experienced, and based on the ongoing needs of the City, staff recommends selection of all eight companies for these services.

The top two contractors are recommended for up to $1,500,000 agreements over the five-year contract term. They demonstrated and have a track record of providing high quality work and for their responsiveness. The other six contractors were strong and could provide additional value to the City; they are recommended for up to $500,000 agreements over the five-year contract term. The agreement amounts were determined by analyzing expenditure history in our utility systems, projected future usage, and projected cost increases over the next five years. Over the past five years, the department averaged approximately $800,000 to $1,000,000 in annual water, wastewater and storm drain repairs and emergencies.

FISCAL IMPACT:

The adopted and proposed budgets include sufficient funding anticipated for these agreements. Funding for the work envisioned in these agreements is estimated at $1,000,000 annually. They would be funded from annual maintenance and repair accounts from the water, wastewater, and storm drain funds, as well as the Public Works Department's Capital Improvement accounts. A typical repair service is approximately $20,000. In the event of emergencies that exceed the budget, a budget amendment would be brought to City Council.

ENVIRONMENTAL REVIEW:

Staff recommends the City Council find this action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly.

NOTICING:

The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). 6-3

Award of Agreements for On -Call Water, Wastewater, and Storm Drain ATTACHMENTS:

Attachment A — On -Call Agreement with T.E. Roberts
Attachment B — On -Call Agreement with GCI Construction Attachment C — On -Call Agreement with Mike Prlich & Sons, Inc.

Repair Services
May 23, 2023

Page 4 ends

Attachment D — On -Call Agreement with Ferreira Coastal Construction Co.

Attachment E — On -Call Agreement with Paulus Engineering, Inc.

Attachment F — On -Call Agreement with W.A. Rasic Construction, Company, Inc.

Attachment G — On -Call Agreement with Mladen Buntich Construction Company, Inc.

Attachment H — On -Call Agreement with J. De Sigio Construction, Inc. rem

ATTACHMENT A

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH T.E. ROBERTS, INC. FOR

ON -CALL WATER, WASTEWATER AND STORM DRAIN SERVICES

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:

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 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; M

2.1.2 The position of each person to be assigned to perform the Services, and the name of the individuals to be assigned, if available; and

2.1.3 The estimated number of hours and cost to complete the Services;

2.1.4 The time needed to finish the specific project.

2.2 No Services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal.

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 One Million Five T.E. Roberts, Inc. Page 2 6-6

Hundred Thousand Dollars and 00/100 ($1,500,000.00), 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.

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.

5.1 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 Justin Roberts 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.

T.E. Roberts, Inc. Page 3 6-7

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.

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 MATE RIALSISTANDARD 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.

T.E. Roberts, Inc. Page 4 6.8

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, 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.

T.E. Roberts, Inc. Page 5 6.9

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.

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.

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.

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 T.E. Roberts, Inc. Page 6 6-10

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.

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 T.E. Roberts, Inc. Page 7 6-11

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 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.

T.E. Roberts, Inc. Page 8 6-12

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.

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 T.E. Roberts, Inc. Page 9 6-13

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:

Attn: Justin Roberts
T.E. Roberts, Inc.
17771 Mitchell North
Irvine, CA 92614

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.).

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.

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.

T.E. Roberts, Inc. Page 11 6-15

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 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 SeverabilitV. 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, T.E. Roberts, Inc. Page 12 6-16

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]
T.E. Roberts, Inc. Page 13 6-17

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: S/_D/z3
By:
)
a on C. Harp
y Attorney
ATTEST:

Date:

Az
Leilani I. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By.. —
Noah Blom
Mayor
CONTRACTOR: T.E. Roberts, Inc., a
California corporation
Date:

By:

Timothy E. Roberts
President
Date:

Justin M Roberts
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
T.E. Roberts, Inc. Page 14 6-18

EXHIBIT A

SCOPE OF SERVICES
T.E. Roberts, Inc. Page A-1 6-19

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.
6-20

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.
6-21

EXHIBIT B

SCHEDULE OF BILLING RATES
T.E. Roberts, Inc. Page 6-1 6.22

rt�1�
Roberts

INCORPORATED
IMI Mitchell North
Irvin, CA 92614 COST FILE 3-9.2023
RFQ NO.23-54 UNDERGROUNO

UTILITY INSTALLATION & REPAIR SERVICES

TYPE RATEIHR OT RATE DT RATE
LABOR

SUPERINTENDENT
204.92
307.38
409.84

PROJECT MANAGER
115.D0
172.50
230.00

FOREMAN OP ENG
149,13
223.70
298.26

FOREMAN LABORER
114.22
171.33
228.44
PIPELAYER/Asphalt wkr
107A7
161.21
214.94
LABORER f)
102,42
153.63
204.84

TRUCK DRIVER
1 114.20
171-301
228.40

EQPT OPERATOR U
1 143,411
215.121
286.82
WELDER
1 108.141
162,211
216.28

EQUIPMENT RATE/HR
CREW TRUCK 0

50.15 PICKUP TRUCK OR VAN

38.50 ARROW BOARD

16.50 MESSAGE BOARD

20.45 BOBTAIL DUMP TRUCK

49.43 FLATBED TRUCK

27.50 LOWBE❑

54.28 LARGE EXCAVATOR
125.00

MEDIUM EXCAVATOR
120.00

SMALL EXCAVATOR
105-00

BACKHOE
46-20
Heavy Haul Truck & Lowbed

89.50 WHEEL LOADER
64,00

SKIP LOADER
44,00
10-WHEEL DUMP TRUCK

80.23 TRUCK AND PUP

95.50 AIR COMPRESSOR

22.00 STEEL PLATES/ DAY q
T
2" PUMP

16.50 4" PUMP
I7.50

TRENCH SHIELD

37.00 WELDING TRUCK

54.00 WATER TRUCK

38.50 6" PUMP, HOSES, FITTINGS, ETC..

DEWATERING SYSTEM
155.50
DELINEATORS/ SIGNS (1

0.31 TRAFFIC CONES (1

0.31 VACTOR TRUCK
290.00

GRINDER FOR BOBCAT
65,00

DRUM ROLLER

40.00 SKID STEER

46.43 SWEEPSTER {LayMor)
$9.20

EQUIPMENT TRAILER (BED TRAILER)

49.50 LIGHT TOWER

25.00 ASPHALT ZIPPER
225.00

PAVING MACHINE
430.16

SUBCONTRACTOR
COST PLUS 10%
COST PLUS 15%

EQUIPMENT RENT
COST PLUS 12.591b

DUMP FEES
COST PLUS 10%

BOND FEES AS NEEDED
1% OF VALUE OF WORK

FUEL SURCHARGE
6% OF EQUIPMENT COST
6-23

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 T.E. Roberts, Inc. Page C-1 6-24

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 T.E. Roberts, Inc. Page C-2 6-25

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 T.E. Roberts, Inc. Page C-3 6-26

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 T.E. Roberts, Inc. Page C-4 6-27

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

T.E. Roberts, Inc. Page C-5 6.28

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 T.E.

ROBERTS, 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 T.E. Roberts, Inc. Page D-1 6-29

required by and in accordance with the provisions of Sections 9500 et 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 , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:

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

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
T.E. Roberts, Inc. Page D-2 6-30

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 } 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)
T.E. Roberts, Inc. Page D-3 6-31

WAN -11[2LA

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 T.E.

ROBERTS, 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.

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 T.E. Roberts, Inc. Page E-1
6-32

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 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:

CITY ATTORNEY'S OFFICE
Date:

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

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
T.E. Roberts, Inc. Page E-2
6-33

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)
T.E. Roberts, Inc. Page E-3 6-34

ATTACHMENT B

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH GCI 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 GCI CONSTRUCTION, INC., a California corporation ("Contractor"), whose address is 1031 Calle Recodo, Suite D, San Clemente, CA 92673, 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; 6-35

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

Hundred Thousand Dollars and 00/100 ($1,500,000.00), without prior written amendment to the Agreement.

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 Alan Aristondo 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.

GCI Construction, Inc. Page 3 6-37

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 MATERIALS/STANDARD OF CARE

GCI Construction, Inc. Page 4 6-38

9. RESPONSIBILITY FOR DAMAGES OR INJURY

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).

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

GCI Construction, Inc. Page 5 6-39

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

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.

GCI Construction, Inc. Page 8 6-42

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.

26. 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: Alan Aristondo
GCI Construction, Inc.
1031 Calle Recodo, Suite D
San Clemente, CA 92673

26. CLAIMS

27. TERMINATION

27.1 1 n 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.

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.

GCI Construction, Inc. Page 11 6-45

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.

29.7 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.

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: IAJ j
q �") -
on C. Harp V1
C i y Attorney p5�
ATTEST:

Date:
12 Leilani I. Brown
City Clerk
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR: GCI CONSTRUCTION,
INC., a California corporation
Date:

By. -
Alan Aristondo
Chief Executive Officer
Date. -
By:

Richard Kay
Chief Financial Officer
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
GCI Construction, Inc. Page 14 6-48

EXHIBIT A

SCOPE OF SERVICES
GCI Construction, Inc. Page A-1 6-49

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.
6-51

EXHIBIT B

SCHEDULE OF BILLING RATES
GCI Construction, Inc. Page B-1 6-52

GCI CONSTRUCTION Effective 7/1/2022 - 6/30/2023

EQUIPMENT OPERATED RATE SCHEDULE

DESCRIPTION

FOREMAN PICK UP TRUCK

41.00 HOUR

CREW TRUCK

52.00 HOUR
10 WHEELER DUMP TRUCK
110.00 HOUR
SUPER 10
120.00 HOUR
1301Hr for DIR Projects

BOTTOM/SEMI END DUMP
121.00 HOUR
1301Hr for DIR Projects

LOW BED RATE
173.00 HOUR

SKIPLOADER
202.00 HOUR
BOBCAT
190.00 HOUR
446D BACKHOEILOADER
219.00 HOUR

NEW HOLLAND BACKHOEILOADER
196.00 HOUR

KOMATSU WHEEL LOADER
213.00 HOUR
CAT 950 G LOADER
225.00 HOUR
JD 450 WITH BOARD
213.00 HOUR
CAT 308 EXCAVATOR
207.00 HOUR
CAT 314 EXCAVATOR
242.00 HOUR
CAT 325 EXCAVATOR
265.00 HOUR
CAT 321CLCR EXCAVATOR
265.00 HOUR
KOBELCO SK300 LC1V EXCAVATOR
300.00 HOUR
CAT 824C DOZER
219.00 HOUR
CASE 865 MOTOR GRADER
219.00 HOUR

RING O MATIC POT HOLING MACHINE
427.00 DAY

85.00 HOUR

VACTOR VACUME TRUCK
278.00 HOUR

ASHPHALT ZIPPER
272.00 HOUR
Plus Teeth

ARROWBOARD
120.00 DAY

WATER TRUCK
220.00 DAY
Bare

COMPACTION WHEEL

30.00 HOUR

COMPRESSOR WIJACKHAMMER
300.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
288.00 DAY

HYDRAULIC BREAKER

60.00 HOUR
2000 LBS

LIGHT TOWER
138.00 DAY
WACKER
138.00 DAY
Zieman Trailer

30.00 HOUR
4" trash pump & hoses
138.00 day
6x16 Trench Box
110.00 day
250.00 Wk 750.00 Mo
4 x 16 Trench Box
110.00 day
170.00 Wk 505.00 Mo
8 x 24 Trench Box
200.00 DAY
550.00 Wk 1,630.00 Mo
continued Page 2 ...
6-53

LABOR RATES:

REGULAR

OVERTIME

DBL TIME
LABORER GRADING (GROUP 1)

76.31 100.24
124.16
LABORER SEWER (GROUP 1)

76.48 100.47
124.46
LABORER WATER (GROUP 1)

76.87 101.02
125.17

PIPELAYER GRADING (GROUP IV)

79.55 105.08
130.62

PIPELAYER SEWER (GROUP IV)

79.72 105.34
130.95

PIPELAYER WATER (GROUP IV)

80.14 105.91
131.69

OPERATOR GRADING (GROUP VIII)
104.18
139.75
175.32

OPERATOR SEWER (GROUP VIII)
105.09
141.09
177.08

OPERATOR WATER (GROUP VIII)
105.87
142.23
178.58
FOREMAN GRADING (GROUP VI11)
106.69
143.51
180.33

FOREMAN SEWER (GROUP VIII)
107.63
144.89
182.15

FOREMAN WATER (GROUP VIII)
108.43
146.07
183.70

TRUCK DRIVER GRADING (GROUP V)

81.02 103.33
125.63

TRUCK DRIVER SEWER (GROUP V)

81.20 103.57
125.94

TRUCK DRIVER WATER (GROUP V)

81.63 104.14
126.66
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENT/MATERIAL 15%
6-54

GCI CONSTRUCTION Effective 7/1/2023 - 6/30/2024

EQUIPMENT OPERATED RATE SCHEDULE

DESCRIPTION

FOREMAN PICK UP TRUCK

41.00 HOUR

CREW TRUCK

52.00 HOUR
10 WHEELER DUMP TRUCK
113.40 HOUR
SUPER 10
123.40 HOUR
130/Hr for DIR Projects

BOTTOM/SEMI END DUMP
124.40 HOUR
130/Hr for DIR Projects

LOW BED RATE
176.40 HOUR

SKIPLOADER
206.10 HOUR
BOBCAT
194.10 HOUR
446D BACKHOE/LOADER
223.10 HOUR

NEW HOLLAND BACKHOE/LOADER
200.10 HOUR

KOMATSU WHEEL LOADER
217.10 HOUR
CAT 950 G LOADER
229.10 HOUR
JD 450 WITH BOARD
217.10 HOUR
CAT 308 EXCAVATOR
211.10 HOUR
CAT 314 EXCAVATOR
246.10 HOUR
CAT 325 EXCAVATOR
269.10 HOUR
CAT 321CLCR EXCAVATOR
269.10 HOUR
KOBELCO SK300 LC1V EXCAVATOR
304.10 HOUR
CAT 824C DOZER
223.10 HOUR
CASE 865 MOTOR GRADER
223.10 HOUR

RING O MATIC POT HOLING MACHINE
427.00 DAY

85.00 HOUR

VACTOR VACUME TRUCK
278.00 HOUR

ASHPHALT ZIPPER
272.00 HOUR
Plus Teeth

ARROWBOARD
120.00 DAY

WATER TRUCK
220.00 DAY
Bare

COMPACTION WHEEL

30.00 HOUR

COMPRESSOR W/JACKHAMMER
300.00 DAY
2000 MULTIQUIP TOWABLE GENERATOR
288.00 DAY

HYDRAULIC BREAKER

60.00 HOUR
2000 LBS

LIGHT TOWER
138.00 DAY
WACKER
138.00 DAY
Zieman Trailer

LABOR RATES:

REGULAR

OVERTIME

DBL TIME
LABORER GRADING (GROUP 1)

79.61 103.54
127.46
LABORER SEWER (GROUP 1)

79.78 103.77
127.76
LABORER WATER (GROUP 1)

80.17 104.32
128.47

PIPELAYER GRADING (GROUP IV)

82.85 108.38
133.92

PIPELAYER SEWER (GROUP IV)

83.02 108.64
134.25

PIPELAYER WATER (GROUP IV)

83.44 109.21
134.99
OPERATOR GRADING (GROUP VI11)
108.28
143.85
179.42

OPERATOR SEWER (GROUP VIII)
109.19
145.19
181.18

OPERATOR WATER (GROUP VIII)
109.97
146.33
182.68

FOREMAN GRADING (GROUP VIII)
110.79
147.61
184.43

FOREMAN SEWER (GROUP VIII)
111.73
148.99
186.25

FOREMAN WATER (GROUP VIII)
112.53
150.17
187.80

TRUCK DRIVER GRADING (GROUP V)

84.27 106.58
128.88

TRUCK DRIVER SEWER (GROUP V)

84.45 106.82
129.19

TRUCK DRIVER WATER (GROUP V)

84.88 107.39
129.91
MARK UP ON LABOR 20%
MARK UP ON EQUIPMENT/MATERIAL 15%

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/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 GCI Construction, Inc. Page C-1 6-57

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. 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:

I. Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own GCI Construction, Inc. Page C-4 6-60

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

GCI Construction, Inc. Page C-5 6-61

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 GCI CONSTRUCTION, 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.

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:

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

NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE

ATTACHED
GCI Construction, Inc. Page D-2 6-63

State of California
County of } ss.

WITNESS my hand and official seal.

Signature (seal)

State of California
County of } ss.

WITNESS my hand and official seal.

Signature (seal)
GCI Construction, Inc. Page D-3 6-64

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 GCI CONSTRUCTION, 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 GCI Construction, Inc. Page E-1
6-65

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
GCI Construction, 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)
GCI Construction, Inc. Page E-3 6-67

ATTACHMENT C

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH MIKE PRLICH & SONS, INC. FOR

ON -CALL WATER, WASTEWATER AND STORM DRAIN SERVICES

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; ..:

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.

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 Phillip Wilson P.E. 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.

Mike Prlich & Sons, Inc. Page 3 6-70

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 MATERIALSISTANDARD OF CARE

Mike Prlich & Sons, Inc. Page 4 6-71

9. RESPONSIBILITY FOR DAMAGES OR INJURY

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

Mike Prlich & Sons, Inc. Page 5 6-72

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

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.

Mike Prlich & Sons, Inc. Page 8 6-75

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: Michael Prlich
Mike Prlich & Sons, Inc.
5103 Elton Street
Baldwin Park, CA 91706

26. CLAIMS

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.

Mike Prlich & Sons, Inc. Page 11 6-78

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.

29.7 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.

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: 5'%�o/'3
ron C. Harp
y Attorney o5�
ATTEST:

Date:
in
Leilani 1. Brown
City Clerk

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR: MIKE PRLICH &
SONS, INC., a California corporation
Date:

By:

Michael Prlich
Chief Executive Officer,
Chief Financial Officer, 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
Mike Prlich & Sons, Inc. Page 14 6-81

EXHIBIT A

SCOPE OF SERVICES
Mike Prlich & Sons, Inc. Page A-1 6.82

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.

EXHIBIT B

SCHEDULE OF BILLING RATES
Mike Prlich & Sons, Inc. Page B-1 6-85

Mike Prlich and Sons, Inc.

COST FILE
City of Newport Heath
ITEM NO.

DESCRIPTION

UNIT OF

MEASURE
Year 1 (Jan 1.
2023 - Dec 31.
2023
Year 2Ilan 1.
2024 - Dec 31.
2024
Laborers & Operating Engineers
Standard - Hour) Rate Per persun
Laborer App 5
hourly Rate
5 70.00
S 74.00
Laborer Grp 2
Hourly Rate
IS 95.00
S 99.00
1 Laborer Grp 4
Hourly Rate
$ 102,00
5 108.00
Teamster Grp 5
dourly Rate
5 116,00
$ 122.00
Operator Eng Grp 8
Hourly Rate
5 129.00
S 136.00
Foreman
Hourly Rate
5 170.00
5 179.00
Project Manager
Hourly Rate
$ 123.00
5 129.00
Overtime - HOurty Rate Per Person over 8 hours of work in a day Laborer App 5
Hourly Rate
5 96.DO
5 101.00
Laborer Grp 2
Hourly Rate
$ 126,00
5 132.00
2 Laborer Grp,4
Hourly Rate
5 137.00
5 144.00
Operator Eng Grp 8
Hourly Rate
5 176.00
5 184.00
Foreman
Hourly Rate
5 170,00
5 179.00
Project Manager
Hourly Hate
S MAO
$ 193.00
Double Time -- Haualy Rate Per Person over 12 hours of work in a day Laborer App 5
Hourly Rate
$ 121,00
5 127.00
Laborer Grp
Hourly Rate
1 $ 157.001
5 164.OD
3 Laborer Grp 4
Hourly Rate
S 172.001
5 181.00
Operator Eng Grp 8
Hourly Rate
5 221.001
5 232.00
Foreman
Hourly Rate
5 302.001
5 317.00
Project Manager
Hourly Rate
5 244.00
$ 256.00
rTEM
DESCRIPTION (COST OF LAYING SEWER Pi PE - TYPICAL 5 MAN CHEW, 8 HOURS) W/O Material Cost
UNIT of

MEASURE
Unit Prke - Year
1(Jan 2,23-
Dee 31, 23
Unfit Price-
Year 2Oart1.
24 - Dec 31. 24
Work Day 5-man crew (typical)
1 Crew Foreman
Daily Rate
5 1,363.00
S 1,431.00
2 Laborer Group 4 - (4) laborers
Daily Rate
5 3,276.00
5 3,439.00
3 Peterbilt Dump
Daily Rate
$ 675.00
$ 747.50
A
CAT 305 Excavator
Daily Rate
$ 395.00
$ 434.50
5 Utility Trucks - 12) Trucks
Daily Rate
$ 800.0o
$ 880.00
6 Steel Plates - 13) 8x8
Daily Rate
$ 35.00
$ 38.50
7 Type R Barricades - (4) total
Daily Rate
$ 20.OD
$ 22.00
8 Delineators - (20) Total
Daily Rare
5 40.00
$ 44.00
9 Shoring
Daily Rate
5 210.00
5 231.DO

TOTALCOST
1 DAY
$ 6,814,130
$ 7,495,40
fTEM
Mlnzllaneaus
UNIT of Yaar Klan 1,
MEASURE 23-Dec 31, 23
Year 2 (Jan 1,
24-Dac 31, 24
1 MATERIAL mark-up percentage if CONTRACTOR provides mdterWS and supplies is
15 2
SUBCONTRACTOR mark-up percentage if CONTRACTOR provides subcontractor 5 5
3 EQUIPMENT mark-up percentage if CONTRACTOR provides equipment 15 15
4 BONDING COST
15 1.5
a is

Mike Prllch and Sons. Inc
5103 Elton Street
Baldwin Park, CA 91706
626/813-1700
Mike PrIlch and Sons, Inc.

OWNED EQUIPMENT LIST
City of Newport Beach
Year 1 (lan 1, 2023 I Year 2llan 1, 2024
Dec 31. 2021 Dec 31, 2024
. Portable U htf

1. EACH IlLght Toner 18,Jd.n Park Yard H S 17 W 1 S 18 C2 E. Traffic Control EaWomenl & Shorino Braclna
Alalarl0 Solar Arrow Board
Arrow Board
Baldwin Park Yarn
-10urty
S 1200
S 1500
Crtangeable Messy Baud
hlessa a B-ml
Bald- Park Yard
Hourly
S 2000
S 25.00
K•Ral Call.. Spec 2006. Paved! WNW. w!
Conneh Pat
K-Rya
B.aldwn Park Yard

0.0y
S 2000
S 25.00
Anay CaBrarks Spec 2006. Painted nrte wl
Gorman Pm
Crash ArrR
IBM -Pink Yard
Ox
31000
$ 330.OD
T III III B.unhRdea w! t ht
earncado
Bald- Park Yanl
DarrS
1500
$ 16.00
Tra0c Contml Dalmealors 36' and 28- Coins
Del-.t-
Baklmn Park Yard
Da
S 1200
S 1500
8'k5' Nori Tralfe Plate. 1'
TraBc Rated Steel Phan
Baldwin Park Yard
Daily
1000
5 I I.00
e'.t0 NorF$kle TroBc Pate. 1'
Tndle Rated Steel Plate
BaM.n Park Yard
Da
S 1300
5 14 00
8 I2' Non•SkM GRZ PWIe. 1'
Treac Rated Steel Pate
Balawm Park Yard
Da
S 16 00
$ 1700
8Y15' N-SW Tr iflc Pate. 1-
Traac Rated Steel Pate
Baldwn Park Yard
Da
S 19 00
S 21 00
mnc Tn Smell

10.20 •5xfe
Bald mPark Yare
Da
S 20000
S 21500
Tmndn Shell

8. 20
S !S.Iea
9abwm Park Yard
Da
$ 18000
S 19000
TmnLfr, Shell

6. 20
S !Safe
Bald m Park Yale
Daily
5 15000
S 16000
Trend, Sheld
4 k 20
S Bate
Ballwin Pxrk Yare
Dab
S 12000
S 130.00
Tnercn Shell

10. 16
S !Safe
9aMw+n Park vans
Dab
S 17000
5 180.00
Trench Shell

8.16 Snonnkt,Safety
Bald -Park Yam
Dab
S 15000
$ 159.00
Trer1G11 Shell

4.16 S !Sxfe
Banta. Park yard
Daty
$ 13000
S 138.00
Trarkt, SM1Cld

10. 12

S /SKID
BRMIwn Park Yard
Da
S 14000
S 150.00
Trench Smell

8.12 S !Sale
Baldwin Park Yartl
Da
$ 12000
S 13000
Tmrch Smea
6 k 12
S !Safe
oamwm Park yard
Da
S 10000
S 10L00
Trench Shell
4512
S /Salo
BaMWm Park Yard
Da
S $000
S 8500
Trench Smell

8.8 Sha /Sala
Baldwin Park yard
JD.ty
15 10000
5 107.00
CAT
446D
Backhoe
Bai Park Yard
Haunt
S 9500
S 100.00
CAT
450F
Bxkh
Bald -Park yard
Haunt
S 9500
S 10000
CAT
430E
Backh-
Bala wn Park Yam
Hourly
S 72 DO
S 77 M-
CAT
420E
Backhoe
Bald-n Park Yard
H-N
S 6900
S 72 00
CAT
321
Hymad. Ewlvator
Bad- Park Yard
h-Ov
5 120 00
S 128. 00
CAT
313B CR
Hvd,.Uc E-'a,
Said- Park Yard
Holaly
S 1000
S 75 W
CAT
302 7
Baldwin Park Yard
HolaN
S 3600
5 3900
CAT
30 0 90
Hwtrar4r. Eecayata
Bald- Park Yard
H
5 40 DO
$ aJ 00
CAT
305ECR
H rmlc E--wr
B•alewm Park Yard
HWY
S 51 DO
S 5800
CAT
308E2 CR SB
Hyd,aa. Ew -:.

Bald- Park Yard
Hourly
S 5500
S 59.00
Komatsu
PC68htR-6
HYdmd. E¢.nyator
I Ballwin Park Yarn
111ccliv
I S 75010
1 S 80.00
Komatsu
PC300LC-7EO
H roll. Ewtwitor
Baldwin Park Yard
M
S 19000
$ 202.D0
Komatsu
PC600LC•6
H rulr. E.cnnrltor
Baaw�n Park yard
H
$ 317 00
S 336.00
CAT
345BL Senes 11 HYD
H rmlc E.r.Tyata
Baldwin Park yard
H
S 219 00
S 231.011
Bobcat
331
H rWk, Ercavalor
Baldwin Park Yard
H
S 50.00

53.00 CAT
9280
W heel L tder
Ballwin Palk Yard
H
S 93.00
1 S 9900
Kawasaki
165zv
W nool Loader
I Bakiwm Park Yard
I HoLdy
I S 8900
1 S 9500
1 of2
6-87

Mike Prkch and Sans, Inc
5103 Elton Street
Baldwin Park, CA 91706
626/813-1700
F. Excavation Eoutoment 7con0nuedl
CAT
936G Serves ll
Wheel Loader
Baldwm Park Yard
HWIV
S 115.00
S 122.00
CAT
95OG
Wheel Loader
Baldwin Park Yant
HourN
S 135.00
S 144.00
Komatsu
WA380.6
Wheel Loader
Baldwin Park Yard
Hounv
S 143.00
S 152.00
Jotm Deere
524K
Wheel Loader
Baldwin Park Yard
HourN
S 70.00
5 75.00
CAT
272C
Skid Steer Larder
Badwm Park Yard
Houm
5 45.00
S 48.00
CAT
262D
Skid Steer Loader
Baldwm Park Yard
HWIIY
S 43.00
S 46.00
CAT
246C
Skid Steer Loader
Baldwin Park Yard
Hom
S 4000
S 43,00

CAT ATTACHMENT
262D
Skid Steer Broom
Baldwin Park Yard
Clary
S 270.00
S 287.00

CAT ATTACHMENT
PC205
Skid Steer 04 Cold Plane Grinder
Baldwin Park Yard
Dev
S 480.00
S 509.00

CAT ATTACHMENT
ISWGO
i Skid Steer 24' Cold Plane Gnnder
Baldwin Park Yard
Da
$ 475.00
S 504.00

CAT ATTACHMENT
frock Wheel6' Trencher
B,11dwm Park Yard
FD-ajv
I S 650.00
Is 690.00
2000 Gaami
Water TfUCk
Ba Park Yard
H
S 51.00
58,00
Su •Ton Oum Truck
Diners Trick
7-2
Base .Park Vard
H
S 95,00
S 101.00
t0.Wtieel Dum Truck
Dum T-k
B;Wwin Park Van?
Hwh,
S 85.00
Is 90.00
Bobta l Dun`Truck
Dum Tnmk
Baldwin Park Yard
lHowV
I S 76.00
1 S 50.00
Lax Bea
Kennon 77
EM Dum IS•'Via and low bed
Baldwin Park Yard
lHourty
1 $ 145.00
15 154.00
H. Hcniltl E aI menl
G-Crane Modal 128 Ton lRmah Terrain Crane Bildwm Park Yard Hw S 105.00 112.00 Dresser Crane 150E Rou Terrain Clare Bakdwn Park Yard Hou S 65.00 1 S 69.00 Rm
• i i

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/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 Mike Prlich & Sons, Inc. Page C-1 6-89

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. 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:

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Mike Prlich & Sons, Inc. Page C-4 6-92

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

Mike Prlich & Sons, Inc. Page C-5 6-93

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 MIKE PRLICH & SONS, 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.

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
Mike Prlich & Sons, Inc. Page D-2 6-95

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. 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)
Mike Prlich & Sons, Inc. Page D-3 6-96

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 MIKE PRLICH & SONS, 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.

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 Mike Prlich & Sons, Inc. Page E-1
6-97

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
Mike Prlich & Sons, 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

State of California
County of } ss.

On 20_
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. (seal)
before me,
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)
Mike Prlich & Sons, Inc. Page E-3 6.99

ATTACHMENT D

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH FERREIRA CONSTRUCTION CO, INC DOING BUSINESS AS ("DBA")

FERREIRA COASTAL CONSTRUCTION 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 FERREIRA CONSTRUCTION CO, INC, a New Jersey corporation, doing business as ("DBA") FERREIRA COASTAL CONSTRUCTION, ("Contractor"), whose address on file with the Secretary of State is: 31 Tannery Rd., Branchburg, NJ 08876, with a local address of: 10370 Commerce Center Drive, Suite B200, Rancho Cucamonga, CA 91730, 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; 6-100

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

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 2 6-101

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 Javier Flores 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 Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 3 6-102

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.

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

9. RESPONSIBILITY FOR DAMAGES OR INJURY

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 4 6-103

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

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

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.

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 Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 6 6-105

($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein by this reference.

16. PREVAILING WAGES

construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint -venture or syndicate or cotenancy, which shall result in changing the control of Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five percent (25%) or more of the assets of the corporation, partnership or joint -venture.

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 8 6-107

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

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:

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 9 6-108

Attn: Brandon Pensick
Ferreira Construction Co, Inc doing business as ("DBA") Ferreira Coastal Construction
10370 Commerce Center Drive, Suite B200
Rancho Cucamonga, CA 91730

26. CLAIMS

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

27.2 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 Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 10 6-109

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.

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.

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.

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 11 6-110

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.

29.11 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:
- -dBy: („
on C. Harp �g
Cify Attorney
ATTEST:

Date:

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR:

FERREIRA CONSTRUCTION CO, INC,
a New Jersey corporation, doing
business as ("DBA") FERREIRA

COASTAL CONSTRUCTION
Date:

By: By:

Leilani 1. Brown Brandon Pensick
City Clerk Vice President of Ferreira Coastal
Operations
Date:

By:

Luis Pacheco
Secretary/Treasurer
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page 14 6-112

EXHIBIT A

SCOPE OF SERVICES
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page A-1 6-113

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.
6-115

EXHIBIT B

SCHEDULE OF BILLING RATES
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page B-1 6-116

FERREZRA

DRA FERREIRA COASTAL CONSTRUCTION CO
City of Newport Beach- ON -CALL WATER AND SEWER REPAIR AND MAINTENANCE SERVICES Ferreira Construction Co, Inc dba Ferreira Coastal Construction T&M Rates- J u ly 2022 to J u ne 2024
LaborField Union
300 Labor Apprentice
$93.61
$140.41
$187.21
300 Labor Foreman VI
$127.81
$191.71
$255.62
300 Laborer 1
$118.65
$177.98
$237.30
300 Laborer II
$119.66
$179.49
$239.32
300 Laborer III
$120.67
$181.00
$241.33
300 Laborer IV
$123.50
$185.26
$247.01
300 Laborer V
$124.15
$186.22
$248.29
Teamster Driver VI
$120.83
$181.25
$241.67
Local 12 VI-App Step 4
$3.32.66
$198,99
$265,31
Local 12 VI
$158.46
$237.69
$316.92
Local 12 VIII
$159.66
$237.99
$317.33
Local 12 XI
$159.19
$238.79
$318.39
Local 12 XII (Foreman)
$162.86
$244.29
$325.71
6-117

FERRENA
��m
F—k. C—t,uciio- Co Inc DBA F—.,. C .. Ut C—t—!c,
1—,6.. .1h E .O—
Publication: CALTRANS S,pt,,h,r 1, 2022 - PA,,.h 31, 2023: r.r .... will put 15% .. all of th. below listed rates PI.P—d By My. L.W.
0 — 91-4�
Page I of 4
6-118

i
�®�
®ii��i0®i•�
i
��aei�a�i�i��®�i■
��
®®aim®®�■��
i
®�®
�®00ii!®i•�
i
®�®
�©0�it�i•�
�■
®ice
�®m��i®�i��
Page z ofa
6-119

Page 3 ends

6-120

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/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 Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page C-1 6-122

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. 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:

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page C-4 6-125

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

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page C-5 6-126

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 FERREIRA CONSTRUCTION CO, INC, a New Jersey corporation, doing business as ("DBA") FERREIRA COASTAL CONSTRUCTION, 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.

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 Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page D-1 6-127

to give a right of action to them or their assigns in any suit brought upon this Bond, as 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
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page D-2 6-128

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)
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page D-3 6-129

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 FERREIRA CONSTRUCTION CO, INC, a New Jersey corporation, doing business as ("DBA") FERREIRA COASTAL CONSTRUCTION, 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.

Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page E-1 6-130

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 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.

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

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page E-2 6-131

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)
Ferreira Construction Co, Inc ("DBA") Ferreira Coastal Construction Page E-3 6-132

ATTACHMENT E

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH PAULUS ENGINEERING, INC. FOR

ON -CALL WATER, WASTEWATER AND STORM DRAIN SERVICES

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:
lii=l71TJ
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; 6-133

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.

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 Mike Whipple 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.

Paulus Engineering, Inc. Page 3
6-135

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 MATERIALS/STANDARD OF CARE

Paulus Engineering, Inc. Page 4
6-136

9. RESPONSIBILITY FOR DAMAGES OR INJURY

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 orwillful 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.

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

Paulus Engineering, Inc. Page 5
6-137

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

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

15. BONDING

15.2 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 VI (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property - Casualty.

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.

Paulus Engineering, Inc. Page 8
6-140

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: Rory Campbell
Paulus Engineering, Inc.
2871 Coronado Street
Anaheim, CA 92806

26. CLAIMS

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.

Paulus Engineering, Inc. Page 11
6-143

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.

29.7 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.

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::0/Z S
By:
on C. Harp
Cify Attorney
ATTEST:

Date:

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
Mayor
CONTRACTOR:

PAUL.US ENGINEERING, INC., a
California corporation
Date:

By:

Leilani I. Brown Ron Paulus
City Clerk Chief Executive Officer
Date-
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
By -
Michelle June
Chief Financial Officer
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
Paulus Engineering, Inc. Page 14
6-146

EXHIBIT A

SCOPE OF SERVICES
Paulus Engineering, Inc. Page A-1
6-147

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.
6-149

EXHIBIT B

SCHEDULE OF BILLING RATES
Paulus Engineering, Inc. Page B-1
6-150

TIME & MATERIAL WORKSHEET TM No.

Job No.

Customer. Project
Work Authorized by: Work Data:

Dose 0 Foreman:

Prevailing

QTY I LABOR

I REG HRS OIT HRSIDBLTMHRSI

REG RATE
I OfT RATE

I DBL TM RATE REG TOTALI O/T TOTAL

BL TM TOTAL
Laborer
$ 86.15
$ 129.23
S 172.30 $
- S
$
Pipelayer
S 91.90
5 137.85
$ 183.80 S
S
$
Operator
$ 103.10
S 154.65
S 206.20 S
S
3 Truck Driver
S 107.12
$ 160.68
S 214.24 S
$
S
Foreman
$ 114.51
S 171.17
$ 229.02 5
S
$
Superintendent
$ t29.35
S 194.03
S. 25B.70 $
- $ -
$ -
Subtotal
$
S
$
Mark Up %
16%
$
$
S
TOTAL $ S $

QTY BARE EQUIPMENT
AMT.

UNIT
TOTAL
100k Ibs Excavator
HR
S
291.00
S
Compaction Wheel
HR
S

50.00 S
75-99k Fos Excavator
HR
S
203.00
S
Compaction Wheel
HR
S

45.00 S
74k Ibs and below Excavator
HR
$
159.00
S
Compaction Wheel
HR
$

45.00 $
Cat Wheel Loader
HR
S
132.00
$
Lcwbed TractoriTrailer
HR
S
105.00
$
Cal Backhoe
HR
S
105.00
S
CompacUion Wheel or Breaker
HR
8 32.00
S
Boom Truck
HR
S

61.00 $
Super 10 Dump Truck
HR
S
135.00
$
6 Wheel Dump Truck
HR
S

61.00 $
6 Wheel Flat Bed Truck
HR
S

58.00 S
Roger
HR
S

70.00 $
Crew Truck with Tools
HR
S

47.00 S
Delivery Truck
HR
S

41.00 $
Vector Pump Truck
HR
S
285.00
$
Mist: Tools
Shoring Jacks - per each
Day
S

15.00 $
Trench Plates - per each
Day
$

15.00 S
Trench Shield
Day
S
175.00
$
Manhole Shield
Day
S
105.00
$
3' Pump w/Connectors
Day
S
125.00
S
K-Rail
LF
S

25.00 $
Generator
Day
$
100.00
$
Air Compressor
Day
S
150.00
$
Air Blower
Day
$

75.00 $
Confined Space Equipment
Day
$
800.00
$
Gas Detection Equipment
Day
$

75.00 $
Traffic Arrow Board
Day
S
130.00
$
Traffic Harricadas
Day
$

2.75 $
Tragic ConeslDellneators
Day
S

2.75 $
Walk Behind Vibratory Plate
Day
$

90.00 $
Misc Small Tools
Day
S
100.00
$
Subtotal
$
Mark Up /
16 %
$
TOTAL $
AMT MATERIAL, SUBCONTRACT MISC Unit TOTAL
5 -
5 -
5 -
5 -
5 -
S -
S -
S -
S -
S -
Subtotal S
Mark Up `/, 15 % S
TOTAL $
Total Overhead 1 Profit $
TOTAL WORKSHEET $
6-151

EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/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 Paulus Engineering, Inc. Page C-1 6-152

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. 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:

Contractor's Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own Paulus Engineering, Inc. Page C-4
6-155

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

Paulus Engineering, Inc. Page C-5
6-156

1WA;11-.Ikd

CITY OF NEWPORT BEACH
BOND NO.

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

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
Paulus Engineering, Inc. Page D-2 6-158

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.

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)
Paulus Engineering, Inc. Page D-3
6-159

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 PAULUS ENGINEERING, 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.

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 Paulus Engineering, Inc. Page E-1
6-160

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:

By:

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

NOTARY ACKNOWLEDGMENTS OF

CONTRACTOR AND SURETY MUST BE ATTACHED
Paulus Engineering, Inc. Page E-2
6-161

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)
Paulus Engineering, Inc. Page E-3
6-162

ATTACHMENT F

ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH W.A. RASIC CONSTRUCTION COMPANY, 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 W.A. RASIC CONSTRUCTION COMPANY, INC., a California corporation ("Contractor"), whose address is 4150 Long Beach Blvd., Long Beach, CA 90807, 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;

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; 6-163

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

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 Shane Sato 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.

W.A. Rasic Construction Company, Inc. Page 3 6-165

8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE

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, W.A. Rasic Construction Company, Inc. Page 4 6-166

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.

9.4 Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to indemnify the Indemnified Parties from any Claim arising from the sole negligence orwillful 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.

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

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.

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. liC1►61111:L1`[a]0
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

W.A. Rasic Construction Company, Inc. Page 6 6-168

16. PREVAILING WAGES

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.

W.A. Rasic Construction Company, Inc. Page 8 6-170

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

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:

W.A. Rasic Construction Company, Inc. Page 9 6-171

Attn: Shane Sato
W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd.

Long Beach, CA 90807

26. CLAIMS

27. TERMINATION

W.A. Rasic Construction Company, Inc. Page 10 6-172

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.

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 W.A. Rasic Construction Company, Inc. Page 11 6-173

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.

29.11 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 ATTORNEYS OFFICE
Date: .S / It /Z5
B 1 y:

AenCHarp
Cney
ATTEST:

Date:

Leilani I. Brown
City Clerk
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E

CITY OF NEWPORT BEACH,
a California municipal corporation
Date:

By:

Noah Blom
icca- Mayor
CONTRACTOR:

W.A. RASIC CONSTRUCTION
COMPANY, INC., a California corporation
Date:

By:

Peter L. Rasic
President
Date:

By:

Walter A. Rasic Jr.

Vice President/Secretary/Treasurer
[END OF SIGNATURES]
Scope of Services
Schedule of Billing Rates
Insurance Requirements
Labor and Materials Payment Bond
Faithful Performance Bond
W.A. Rasic Construction Company, Inc. Page 13 6-175

EXHIBIT A

SCOPE OF SERVICES
W.A.Rasic Construction Company, Inc. Page A-1 6-176

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.
6-178

EXHIBIT B

SCHEDULE OF BILLING RATES
W.A.Rasic Construction Company, Inc. Page B-1 6-179

City of Newport Beach 4a�V"POR,
Request for Qualifications No. 23-54 ° e
Underground Utility Installation &
Repair Services
Time and Materials Rates for City of Newport Beach

1 GENERAL ENGINEERING CONTRACTOR
COST PLUS RATES EFFECTIVE JULY 1. 2022 through JUNE 30, 2023

CRAFT STRAIGHT OVER DOUBLE

CRAFTSMAN/CLASS CODE TIME TIME TIME

CARPENTERS
General Foreman
CAGF
110.57
147.57
184.96
Foreman
CAFM
107.60
143.16
179.12
Journeyman
CAJM
103.14
136.55
170,37
Apprentice - 8th Period (90%)
CAA8

96.12 126.15
156.59

CEMENT MASONS
Foreman
CMFM
103.41
135.22
167,43
Journeyman Commercial
CMJC

98.95 128.61
158.69
Journeyman Light Commercial
CMJL

90.37 117.92
145.87
F&T Machine Operator
CMFT

99.32 129A6
159.41
Apprentice - 8th 6 Mos. (90%)
CMA8
92,70
119.36
146A2

LABORERS
General Foreman
LAGF
102.69
135.13
167,98
Foreman
LAFM

99.72 130.73
162.14
Group 1 - General
LAG1

92.80 120.49
148.57
Group 2 - Chute Man
LAG2

93.62 121.70
150.17
Group 3 - Pipeline Backup Man
LAG3

94.44 122.91
151,77
Group 4 - Pipe Layer, C&S
LAG4

96.74 126.33
156.30
Group 5 - Blaster 1 Driller
LAG5

97.26 127.10
157.32
Apprentice - 6th Period (85%)
LAA6

73.75 99.04
124.74

OPERATING ENGINEERS
General Foreman, Appdx. A
OEGF
131.83
175.66
219.89
Foreman, Appdx. A
OEFM
128.85
171.25
214.05
Group 1, Appdx. A - oiler
OEG1
121.58
160.48
199.78
Group 2, Appdx. A - Oiler
OEG2
122.74
162.20
202.06
Group 8, Appdx. A - Universal
OEG8
125.88
166.85
208.22
Group 10, Appdx. A - Mechanic
OEGM
126.06
167.11
208.57
Group 8, Appdx. B - Crane (up to 25 tons)
OEB8
126.31
167.49
209.06
Group 9, Appdx. B - Crane ( 25 to 50 tons)
OEB9
126.56
157,86
209.56
Apprentice, GR 8, Appdx A - 6th (901%)
OEA6
117.29
154.12
191.35
Southern California
Cost Plus Rates
CRAFT

STRAIGHT
OVER
DOUBLE

CRAFTSMAN/CLASS
CODE
TIME
TIME
TIME

PROJECT MANAGEMENT
Project Administrator
PADIVI

67.72 87.09
106,45
Project Engineer 1
PEG1
79,77
104.39
129,40
Project Engineer 2
PFG2

93.89 125.91
158.21
Project Engineer 3
PEG3
102.09
135.80
169.91
Project Engineer 4
PEG4
114.07
153.11
192,54
Superintendent
PMSP
159.56
202.02
244.83
Assistant Project Manager
PIONS
130.40
177.18
224.36
Project Manager
PMPM
140.69
187.83
235.36
Senior Project Manager
PMSR
230.49
308.59
387,09

TEAMSTERS
Foreman
TDFM
100.89
128.93
156.93
GR 1 - Warehouseman
TDG1

95.65 121.15
147.06
GR 2 - 2 Axle Vehicle
TDG2

95.87 121 A8
147.50
GR 3 - 3 Axle Vehicle/2 Axle Water Truck
TDG3
96,06
121.77
147.88
GR 4 - Transit Mix Truck, 3 CUYD
TDG4

96.34 122.19
148.43
GR 5 - 3 Axle or more Water Truck
TDG5

96.39 122.26
148.52
GR 6 - Dump Truck 16 to 25 CUYD
TDG6

96.43 122,32
148.61
GR 7 - Forklift Driver
TDG7

96.80 122.87
149.34
GR 8 - Dump Truck 25 to 49 CUYD
TDG8

97.18 123.42
150.06
GR 9 - Low Bed Driver - 9 Axles or over
TDG9

97.47 123,86
150.65
GR10 - Working Truck Driver
TDG10

97.92 124.52
151.52
GR11 - Boom Truck (17K and Below)
TDG11
98,66
125,62
152.98
GR12 - Boom Truck (17K and Above)
TDG12
99,30
126.57
154.24
Apprentice - 6th Period (95%)
TDA6

81.99 107.24
132.89
WELDERS/FITTERSIHLP-Local 250 Shortline
Foreman
WLFM
130.46
176.86
220.53
Journeyman
WLJM
123.36
166.33
206.80
Metal Trades
WLMT

76.39 98.86
119.07
Apprentice Rates: Apprentice rates listed above are for the highest classification prior to journeyman full scale rates. Billing for apprentices will be based on actual classification(s) noticed.

Boundaries of Southern California Cost Plus Rates: Consist of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Ventura, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock, San Nicholas Island, Catalina Island, San Clemente Island, San Miguel Island, Santa Barbara Island, Santa Rosa Island, Anacapa Island, including the Channel Islands Monument. Rate Scale does not include San Diego County.

Markup: Material, subcontractors, subsistence, outside rentals (including fuel costs) etc., will be billed cost, plus sales tax as applicable, plus mark-up of 15%.

Overtime Rates: Shift(s) shall be paid per union agreement(s).

Subsistence: Lodging & meals for management, superintendents & general foremen will be billed at actual costs, plus mark-up at 15% Travel Time: Billing time will start once employees are dispatched and end upon their return to the company facility, USA Notification: Client is responsible for Underground Service Alert (USA) notification for all emergency work.

NOTE: All wage scales presented herein are subject to change without notice. This document does not include all labor classifications. Additional labor classifications are available upon request. Some work areas may be subject to special wage agreements, if applicable, fees will be billed accordingly.

REVISED 07/26/22
4150 Long Beach Boulevard, Long Beach, CA 90807 • Phone: 562-928.6111 • Fax: 562-928-7339 • www.warasic.com State Contractors License #A368761
6-181

W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Air Compressors Hourly Rate
Air Compressor - 13 HP (Truck Mounted) $ 8.00
Air Compressor - 185 CFM w/ tools & hoses $ 25.00
Asphalt Paving Equipment Hourly Rate
Asphalt Spreader Box (variable width) $ 6.00
Propane Torch - Portable $ 5.00
Roller - 24" Width Walk Behind Type $ 24.00
Roller - 30" Width Walk Behind Type $ 26.00
Roller - 36" Width Walk Behind Type $ 28.00
Roller - Asphalt Vibratory Dual Drum Smooth Type - 3 to 5 Ton $ 45.00 Tack Sprayer / Emulsion Pot (220 Gallon Capacity) $ 18.00 Backhoes Hourly Rate
Backhoe - Case 580 Super SM 4X4 $ 66.00
Backhoe - Case 590 Super M 4X4 $ 73.00
Backhoe - Case 590 Super SN 4X4 $ 77.00
Backhoe - CAT 430E 44 $ 65.00
Backhoe - CAT 430 / 430F2 / 45OF 44 $ 72.00
Backhoe - CAT 45OF 4x4 $ 72.00
Backhoe Attachments Hourly Rate
Auger Drill for Backhoe - 12" Diameter (Max Depth 8') Daily Rate $ 180.00 Auger Drill for Backhoe - 24" Diameter (Max Depth 8') Daily Rate $ 250.00 Hydraulic Breaker 1000 LB for Backhoes $ 50.00
Compaction Wheel for Backhoe - 12" or 18" Wide $ 10.00
Boring Equipment Hourly Rate
Accu-Punch Bore Mole 2" diameter $ 20.00
Accu-Punch Bore Mole 3" diameter $ 25.00
Accu-Punch Bore Mole 4" diameter $ 32.00
Accu-Punch Bore Mole 5-3/4" diameter $ 50.00
Recon Bore Motor - Ingersol RanclModel 44 (Air Driven) $ 10.00 Compaction Equipment Hourly Rate
Tamp / Powder Puff - Air Driven Daily Rate $ 25.00
Vibratory Soil Plate Compactor 34" Wide (CAT 320/330/325 & JD 200/225 Excavator) $ 26.00 Vibratory Plate 24" (Walk Behind) Daily Rate $ 100.00
Wacker (Jumping Jack) Daily Rate $ 100.00
Concrete Equipment Daily Rate
Concrete Mixer - 1/3 CUYD Capacity (Tow Behind) $ 90.00 Concrete Saw - Walk Behind Hourly Rate $ 60.00
Concrete Vibrator (Electric) $ 100.00
Concrete Washout Bin (5.25 CUYD) $ 75.00
Pagel of 7
6-182

W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Air Supply System - Allegro
$
250.00
Air Cart w/60 Min. Bottles
$
160.00
Stretcher Basket w/ Buckles
$

75.00 Gas / Oxygen Monitor
$
100.00
Harness - Full Body Type
$

15.00 Lanyard Retractable Type - 30' Length (Yo-yo)
$

35.00 Manhole Blower - 4130 CFM (Gas Powered)
$

75.00 S.C.B.A. 5 mins (Scott SKA-PAK 2.2-3.0)
$

75.00 Tripod w/ Winch For Confined Space Entry
$

80.00 Velometer (Air Flow Measuring Device)
$
100.00
Vent Blower Trailer Mounted (12,000 CFM)
Hourly Rate $

30.00 Vent Blower Trailer Mounted (25,000 CFM)
Hourly Rate $

45.00 Drill Rigs Hourly Rate
Mobilram - ABI TM 18/22B (83' Height-148,000 LBS) $ 580.00 Lo- Drill - John Deere 450CLC (102,000 LBS) $ 365.00
Excavators
Hourly Rate
Excavator - CAT 303E (7,782 LBS)
$

24.00 Excavator - CAT 320 CLU (51,750 LBS)
$
125.00
Excavator - CAT M322D - Wheeled (51,809 LBS)
$
160.00
Excavator - CAT 325 CL (64,460 LBS)
$
150.00
Excavator - CAT 330 DL (79,700 LBS)
$
240.00
Excavator - CAT 335F (84,604 LBS) - No Swing
$
265.00
Excavator - CAT 336 EL (86,796 LBS)
$
275.00
Excavator - CAT 345 CL (100, 810 LBS)
$
295.00
Excavator - CAT 349 (105,200 LBS)
$
160.00
Excavator - CAT 385 CL (187,360 LBS)
$
430.00
Excavator- John Deere 120 C (28,840 LBS)
$

90.00 Excavator - John Deere 225 CLC (53,936 LBS)
$
130.00
Excavator - Komatsu PC 1000 LC (222,130 LBS)
$
515.00
Excavator - Komatsu PC 1250 LC-8 (249,560 LBS)
$
650.00
Excavator - LiuGong 906C (13,228 LBS)
$

55.00 Excavator Attachments
Hourly Rate
Bedding Conveyor 30" Wide w/8 CUYD Capacity Hopper - Felco (for CAT 385 Excavator) $

22.00 Concrete Pulverizer Jaw Type 6,300 LB (for CAT 345 Excavator) $

70.00 Compaction Wheel 24" Wide (for 1D 120C Excavator) $

12.00 Compaction Wheel 36" Wide (for JD 200, CAT 320, CAT 325, CAT 330 Excavator) $

12.00 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 Excavator) $

14.00 Hydraulic Breaker 1000 LBS (for JD 120 Excavator) $

50.00 Hydraulic Breaker 4000 LBS (for CAT 325, CAT 330, CAT 320 Excavator) $
100.00
Hydraulic Breaker 6000 LBS (for CAT 336, CAT 345 Excavator) $
160.00
Hydraulic Breaker 10000 LBS (for CAT 345 Excavator)
$
260.00
Hydraulic Breaker 15000 LBS (for Komatsu PC1000 Excavator) $
320.00
Vibratory Hammer ABI HVR100Z - 4,585 LBS (for CAT 336, CAT 345 Excavator) $

75.00

Page 2 of 7 ends

Newport Beach City CouncilMay 23, 2023

Newport Beach City Council
May 23, 2023