HomeMy WebLinkAboutC-9319-1 - On-Call M/RSA for On-Call Water, Waterwaste, and Storm Drain Repair ServicesON -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:
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;
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 Five Hundred
Thousand Dollars and 00/100 ($500,000.00), without prior written amendment to the
Agreement.
4.2 By or before June 1 of each year during the term of this Agreement,
Contractor may submit an updated Schedule of Billing Rates ("Updated Rates") in writing
to the City's Project Administrator. Receipt of late submissions shall be subject to the
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discretion of the City's Utilities Director or designee. The Updated Rates shall be subject
to the written approval of the City's Utility Director or designee, which approval shall not
be unreasonably withheld. After approval, the Updated Rates shall be incorporated into
the Schedule of Billing Rates attached hereto as Exhibit B to this Agreement, and shall
be effective as of July 1 subsequent to the submission. The Updated Rates shall not apply
to any Work completed, in progress, or Letter Proposal accepted by the City prior to the
effective date.
4.3 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff..
4.4 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.5 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this
Agreement. Compensation for any authorized Extra Work shall be paid in accordance
with Exhibit B and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated 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.
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.
W.A. Rasic Construction Company, Inc. Page 3
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss
or damage to any of the materials or other things used or employed in performing the
Project or for injury to or death of any person as a result of Contractor's performance of
the Services required hereunder; or for damage to property from any cause arising from
the performance of the Project and/or Services by Contractor, or its subcontractors, or its
workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
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obstructions or from any cause arising from Contractor's Work on the Project and/or
Services, or the Work of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services contemplated
by this Agreement (collectively, the "Indemnified Parties") from and against any and all
claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments,
fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys'
fees, disbursements and court costs) of every kind and nature whatsoever (individually,
a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or
indirectly) to any breach of the terms and conditions of this Agreement, any Work
performed or Services provided under this Agreement including, without limitation,
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them).
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
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
W.A. Rasic Construction Company, Inc. Page 5
status or other right of employment shall accrue to Contractor or its employees. Nothing
in this Agreement shall be deemed to constitute approval for Contractor or any of
Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. BONDING
15.1 For any Letter Proposal accepted by City of over Twenty Five Thousand
Dollars and 00/100 ($25,000.00), Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement: (1) a Labor and Materials Payment Bond in
the amount of one hundred percent (100%) of the total amount to be paid Contractor as
set forth in any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), and in the form attached hereto as Exhibit D which is
incorporated herein by this reference; and (2) a Faithful Performance Bond in the amount
of one hundred percent (100%) of the total amount to be paid Contractor as set forth in
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), and in the form attached hereto as Exhibit E which is incorporated herein
by this reference.
W.A. Rasic Construction Company, Inc. Page 6
15.2 The Labor and Materials Payment Bond and Faithful Performance Bond
shall be issued by an insurance organization or surety (1) currently authorized by the
Insurance Commissioner to transact business of insurance in the State of California, (2)
listed as an acceptable surety in the latest revision of the Federal Register Circular 570,
and (3) assigned a Policyholders' Rating A (or higher) and Financial Size Category Class
VII (or larger) in accordance with the latest edition of Best's Key Rating Guide: Property -
Casualty.
15.3 Contractor shall deliver, concurrently with City's approval of any Letter
Proposal over Twenty Five Thousand Dollars and 00/100 ($25,000.00), the Labor and
Materials Payment Bond and Faithful Performance Bond, a certified copy of the
"Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of
California.
16. PREVAILING WAGES
16.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime Work for each craft or type of workman needed to execute the
Work contemplated under the Agreement shall be paid to all workmen employed on the
Work to be done according to the Agreement by the Contractor and any subcontractor.
In accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
16.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently
registered and qualified to perform public work. Contractor further warrants that it is
currently registered and qualified to perform "public work" pursuant to California Labor
Code section 1725.5 or any successor statute thereto and that no contractor or
subcontractor will engage in the performance of the Services unless currently registered
and qualified to perform public work.
17. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
W.A. Rasic Construction Company, Inc. Page 7
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
18. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
19. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
20. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
21. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
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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 seg., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
25. NOTICES
25.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
25.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Utilities Manager
Utilities Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at-
W.A. Rasic Construction Company, Inc. Page 9
Attn: Shane Sato
W.A. Rasic Construction Company, Inc.
4150 Long Beach Blvd.
Long Beach, CA 90807
26. CLAIMS
26.1 Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under this Agreement, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
26.2 To the extent that Contractor's claim is a "Claim" as defined in Public
Contract Code section 9204 or any successor statute thereto, the Parties agree to follow
the dispute resolution process set forth therein. Any part of such "Claim" remaining in
dispute after completion of the dispute resolution process provided for in Public Contract
Code section 9204 or any successor statute thereto shall be subject to the Government
Claims Act requirements requiring Contractor/Consultant to file a claim in strict
conformance with the Government Claims Act. To the extent that Contractor's claim is
not a "Claim" as defined in Public Contract Code section 9204 or any successor statute
thereto, Contractor shall be required to file such claim with the City in strict conformance
with the Government Claims Act (Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
27.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
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28. LABOR
28.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
28.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
28.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
28.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
29.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
29.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
29.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
29.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
29.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
W.A. Rasic Construction Company, Inc. Page 11
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
29.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
29.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
29.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
29.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
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W.A. Rasic Construction Company, Inc. Page 12
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 1t �23
By:
Mon C. Harp ti3
City Attorney `� w?'
CITY OF NEWPORT BEACH,
a California mu nic al corporation
Date:
h Blom
ATTEST:. CONTRACTOR:
Date: tr141 wW.A. RASIC CONSTRUCTION
COMPANY, INC., a California corporation
Date: 23 MAC 2023
By: o y:
Leilani I. Brown Peter L. Rasic ��2023-23
City Clerk President
Attachments: Exhibit A
Exhibit B
Exhibit C
Exhibit D
Exhibit E
Date: 23 MIS\( 2023
By: MA�
Walter A. Rasic Jr.
Vice Preside nt/Secretary/Treas u rer
[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
EXHIBIT A
SCOPE OF SERVICES
W.A.Rasic Construction Company, Inc. Page A-1
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.
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.
EXHIBIT B
SCHEDULE OF BILLING RATES
W.A.Rasic Construction Company, Inc. Page B-1
City of Ne-wport Beach
Request for Qualifications No. 23-54
Underground Utility Installation &
Repair Services
Time and Materials Rates for City of Newport Beach
'i N'. A.R,S SIC COIYSTRUCTIO"I
ERASIC CONSTRUCTION
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
126.16
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
11T92
145.87
F&T Machine Operator
CMFT
99.32
129.16
159.41
Apprentice - 8th 6 Mos. (90%)
CMA8
92.70
119.36
146.42
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 / 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
12&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
167.86
209.56
Apprentice, GR 8, Appdx A - 6th (90%)
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
PADM
67.72
87.09
106.45
Project Engineer 1
PEG1
79.77
104.39
129.40
Project Engineer 2
PEG2
93.89
125.91
158.21
Project Engineer 3
PEG3
102.09
135.80
1%91
Project Engineer 4
PEG4
114,07
153.11
192.54
Superintendent
PMSP
159.56
202.02
244.83
Assistant Project Manager
PMAS
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
121.48
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/FITTERS/HLP-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
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 4x4 $ 65.00
Backhoe - CAT 430 / 430F2 / 45OF 4x4 $ 72.00
Backhoe - CAT 450F 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
Page 1 of 7
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Confined Space & Safety Equipment
Daily Rate
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 Ries 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 JD 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
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Fusion Hour y Rate
Fusion Machine For HDPE - 4" Diameter max (Butt Fusion) $ 25.00
Fusion Machine for HDPE - 2" Diameter Max (Socket Fusion) $ 10.00
Generators
Hourly Rate
Generator 5 KW - Truck Mounted
$ 10.00
Generator 25 KW
$ 20.00
Generator 45 KW
$ 35.00
Generator 118 KW
$ 80.00
Generator 230 KW
$ 120.00
Forklift - Hyster w/ 5,000 LB Lift Capacity $ 50.00
Forklift - Clark w/ 8,000 LB Lift Capacity $ 55.00
Forklift - Hyster w/15,500 LB Lift Capacity $ 70.00
Telescoping Lift - Gradall w/ 6000 LB Lift Capacity & 36' Reach $ 55.00
Telehandler - CAT TL1255D, Operating Weight: 34,361 lbs., Lift Capacity: 5,000 Ibs $ 110.00
Loaders
Hourly Rate
Loader - CAT 950 H (44,435 LBS)
$
150.00
Loader - CAT 950M (42,357 LBS)
$
150.00
Loader - CAT 966 M (51,176 LBS)
$
200.00
Loader - CAT 980 H (68,489 LBS)
$
250.00
Loader - John Deere 544 J (30,459 LBS)
$
85.00
Loader - LiuGong 842Z III (33,601 LBS)
$
85.00
Loader - LiuGong 856Z III (40,675 LBS)
$
110.00
Skid Steer Loader - CAT 262 C
$
49.00
Skid Steer Loader - CAT 262 D
$
49.00
Skid Steer Loader - CAT 262 D3
$
49.00
Skid Steer Loader - Case TR270
$
50.00
Skid Steer Loader - CAT 272 D XHP
$
50.00
Loader Attachments Hourly Rate
Asphalt Zipper - 30" Width (for CASE 590/CAT450 or larger) $ 65.00
Asphalt Zipper - 48" Width (for CAT 950 Loader or Larger) $ 90.00
Broom / Sweeper (for CAT 248B, CAT 262C & 262D) $ 10.00
Compaction Wheel - 24" Width (for CAT 950, CAT 972) $ 12.00
Hydraulic Breaker 600 LB (for CAT 262) $ 35.00
Cold Planner - Up to 24" (for CAT 248B, CAT 262C & 262D) $ 20.00
Air Hacksaw
$
75.00
Air Hammer
$
75.00
Air Ratchet
$
30.00
Angle Grinder w/4.5" Wheel Diameter
$
37.50
Auto Level w/Case Tripod & Rod (Magnification: 28X)
$
75.00
Cart - ATV Type (Gas Powered / 4 Passenger)
Hourly Rate $
15.00
Cart - Golf Type
$
75.00
Chipping gun / Air Hammer / Rivet Buster w/ Tools
$
75.00
Clay Spade
$
50.00
Page 3 of 7
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Miscellaneous Equipment (continued)
Daily Rate
Combination Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered
$
75.00
Cut-off Saw / Chain Saw / Skill Saw / Jig Saw
$
75.00
Demolition Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered
$
75.00
Duct Rodder - 500'
$
80.00
Duct Rodder - 1000'
$
100.00
Electric Drill (1" diameter max drill bit)
$
50.00
Fan 30" Pedestal Type
$
40.00
Geo Phone Underground Sounding Device (Pig Locator)
$
175.00
Grade / Flo -Line Instrument
$
6.00
Heat Gun / Non -Contact Infrared Thermometer
$
4.00
Holiday Tester (also for T-Lock Liner Testing)
$
50.00
Jackhammer 70 LB Air
$
144.00
Jig Saw
$
75.00
Test Pump Hydrostatic - 5 HP
$
80.00
Test Pump Hydrostatic - 8 HP
$
125.00
Hydraulic Torque Wrench 1" - HyTorc
$
300.00
Impact Gun / Driver - Up to 1" (11,160 In-Lbs to 16,200 In-Lbs)
$
30.00
Impact Gun - Up to 1" (1600 Ft-Lbs / 19,200 In-Lbs)
$
90.00
Laser - Pipe & Slope Type
$
75.00
Light Stand (Single Lamp 120 Volt)
$
15.00
Light Tower - Towable Unit (4 Lamp)
Hourly Rate
$
25.00
Peanut Grinder w/5' Whip Kit
$
37.50
Pipe Cutters - 4" to 8" Diameter
$
40.00
Pipe Locator
$
100.00
Pipe Threader Electric (up to 2")
$
70.00
Pipe Threader Electric (Up to 4")
$
175.00
Pipe Threader Hand (Up to 2")
$
100.00
Pipe Tongs (4" to 12")
$
8.00
Pipe Tongs (16" to 24")
$
15.00
Pipe Tongs (30" to 36")
$
20.00
Plywood Pullers (Up to 6,000 LBS)
$
10.00
Portable Pipe Vise (Tripod Standing Type)
$
35.00
Pressure Washer
$
60.00
Pressure Washer Water Buffalo (4200 PSI)
$
160.00
Rebar Cutter (Up to 3/4" Max)
$
120.00
Reciprocating Sawzall
$
75.00
Rock Drill (Up to 1")
Hourly Rate
$
16.00
Rotary Hammer (Up to 1" Diameter Chuck Adaptor) - Electric Powered
$
75.00
Sand Blaster
$
175.00
Soil Pipe Cutters/Snap Cutters - Up to 30" Diameter
$
40.00
Steam Pressure Washer Trailer Mounted (3500 PSI)
$
160.00
Survey Unit for Pig Runs - Promark 3 GPS Type (with receiving units)
$
400.00
Tapping Machine (Up To 2" - water systems only)
Hourly Rate
$
45.00
Tapping Machine - T.D. Williamson (Up to 2" - Petroleum)
Hourly Rate
$
85.00
Utility Pole Support Holder (40' max pole height)
$
30.00
Page 4 of 7
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Motor Graders Hourly Rate
Motor Grader - CAT 140M3 (43,950 LBS), 200 HP $ 110.00
Office Trailers & Storage Containers Daily Rate
Office Trailer 8' x 16', 8' x 28' or 8" x 32' $ 48.00
Office Trailer 12' x 56', 12' x 52' or 12' x 60' $ 70.00
Storage Container 8' x 20' $ 10.00
Pipe Fitting Equipment
Daily Rate
Bevel Band w/Transmission Crawler (Up to 24")
$
8.00
Bevel Machine (Up to 12")
$
8.00
Bevel Machine (Up to 20")
$
18.00
Cold Cutter - Low Clearance (2" to 14" Steel)
$
40.00
Cold Cutter - Low Clearance / Rotary Cutter (16" to 26" Steel)
$
48.00
Double Jackscrew Chain Clamp - Mathey Dearman (Up to 36")
$
110.00
Electromagnetic Drill Press / Mag Drill (Up to 1")
$
40.00
Line -Up Clamp / Rachet Line -Up (Up to 12")
$
2.00
Line -Up Clamp / Rachet Line -Up (Up to 24")
$
5.00
Mechanical Plug (Up to 12")
$
2.00
Mechanical Plug (Up to 24")
$
5.00
Pipe Dispensing Trailer (Up to 2")
Hourly Rate $
12.00
Pipe Dispensing Trailer (Up to 3")
Hourly Rate $
15.00
Torque Wrench - Manual (Up to 1000 LBS)
$
100.00
Portable Concrete Batch Plant Hourly Rate
Portable Concrete Batch Plant - Port -A -Pour (Max production @ 120 CUYD per hour) $ 75.00
Recycling Equipment - Crushers, Screens & Conveyors Daily Rate
Conveyor / 40 Cubic Yard Load Out Bin $ 250.00
Conveyor / Stacker 36" Wide x 60' Long - Anaconda TR6036 $ 250.00
Screen Frame 12' Wide w/ Adjustable Top - Grizzly $ 100.00
Screening / Material Processing Machine - Sandvik QA140 S-3 (100 HP/53,600 LBS) Hourly Rate $ 105.00
Shoring Equipment
Daily Rate
Beam W14 x 89 x 30' Length
$
15.40
Beam W14 x 89 x 40' Length
$
19.00
Beam W14 x 102 x 40' Length
$
20.50
Beam W14 x 120 x 40' Length
$
22.00
Beam W14 x 145 x 40' Length
$
27.00
Beam W14 x 176 x 40' Length
$
33.00
Plates 5' x 8' x 1" Thick (non -treated)
$
6.00
Plates 6' x 10' x 1"Thick (non -treated)
$
7.00
Plates 8' x 10' x 1" Thick(non-treated)
$
8.00
Plates 8' x 15' x 1" Thick (non -treated)
$
12.00
Plates 8' x 20' x 1" Thick (non -treated)
$
13.00
Manhole Shoring Boxes - 8' x 8' x 8' high (steel)
$
80.00
Manhole Shoring Boxes - 8' x 10' x 10' high (steel)
$
110.00
Trench Boxes - 6' x 20' (steel)
$
80.00
Trench Boxes - 8' x 20' (steel)
$
110.00
Page 5 of 7
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Shoring Equipment (continued)
Daily Rate
Trench Boxes - 4' x 24' (steel)
$
85.00
Trench Boxes - 6' x 24' (steel)
$
125.00
Trench Boxes - 10' x 24' (steel)
$
205.00
Hydraulic Speed Shores 28" to 46" - 3' Rail
$
27.00
Hydraulic Speed Shores 28" to 46" - 5' rail
$
28.00
Hydraulic Speed Shores 28" to 46" - 7' Rail
$
29.00
Hydrualic Speed Shores 34" to 55" - 5' Rail
$
30.00
Hydraulic Speed Shores 52" to 88" - 5' Rail
$
40.00
Hydraulic Z Shores 52" to 88" Single Ram - 5' rail
$
40.00
Hydraulic Z Shores 52" to 88" Double Ram - 5' Rail
$
60.00
Hydraulic Speed Shore Accessory - Hand Pump & Release Tool
$
30.00
Hydraulic 55" to 88" Single Ram - 2' Rail
$
35.00
Plywood 4' x 8' Sheet 1 1/8" Thick
$
8.00
Timbers 4" x 12" x 10' Long (TYP)
$
15.00
Trench Top 6' x 10' Treated Plate
$
8.00
Trench Top 8' x 10' Treated Plate
$
9.00
Sweepers & Brooms Hourly Rate
Broom / Sweeper - Self Propelled $ 40.00
Power Broom / Power Sweeper (Walk Behind) Daily Rate $ 45.00
Traffic Control Equipment
Daily Rate
Arrow Board (Solar)
Hourly Rate $
12.00
Barricade - ADA Compliant Pedestrian Type
$
3.00
Barricade Flasher (LED Barricade Light)
$
5.00
Barricade - Type I (Pedestrian Type - Plastic)
$
1.28
Barricade -Type II
$
3.00
Barricade - Type III
$
3.52
Delineator / Traffic Cone
$
1.28
Chain Link Fence Panel 6' x10' w/ Feet
$
8.00
Crash Barrels (various sizes)
$
8.00
K-Rail 20' length
$
8.00
Message Board - Programmable 4' x 8'
Hourly Rate $
18.00
Ramp Pedestrian Type (Bariatric Panel Ramp)
$
18.00
Rumble / Rock / Tire Cleaning Plates 8' x10'
$
12.00
Traffic signs 30" x 30"
$
6.00
Trailers
Hourly Rate
Trailer - Dump Trailer - 9,900 GVWR, 6' x 10'
$
12.00
Trailer - Enclosed Type 12' Long Enclosed (Dig -Up)
$
20.00
Trailer - End Dump Type (40,000 LB Max Capacity)
$
15.00
Trailer - Flatbed / Platform Type 48' Long
$
25.00
Trailer - Low Boy Type Heavy Haul - 88,000 LB Max. Capacity
$
31.00
Trailer - Pipe Hauler Type - 14' length
$
10.00
Trailer - Reel Type - 5'4" x 9' (Single Reel)
$
8.00
Trailer - Tilt or w/Rams Type - 10, 000 LB Max. Capacity ( for Asphalt Rollers)
$
10.00
Trailer - Tilt or w/Rams Type - 19,000 to 20,000 LB Max Capacity ( for Asphalt Rollers)
$
12.00
Trailer - Tilt or w/Rams Type - 35,000 to 40,000 LB Max Capacity ( for Various Equipment)
$
15.00
Page 6 of 7
W. A. Rasic Construction Equipment Rates
Rates Effective January 1, 2022
Trailers (continued) Hourly Rate
Trailer - Utility Type / Tool Hauler 1,600 LB Max Capacity $ 6.00
Trailer - Utility Type / Tool Hauler 3,000 LB Max Capacity $ 10.00
Trenchers & Conveyor Hourly Rate
Trencher Vermeer DT 655 Offset (24" wide , 72" depth) $ 325.00
Conveyor for Vermeer DT 655 Trencher (24" Width) $ 70.00
Tru
Truck - Bobtail / Flat Bed Dump
Truck - Gang Truck MV607 SBA (33,000 GVWR)
Truck - Low Bed Haul w/ Trailer (88,000 LB Max Haul Capacity)
Truck - Mechanics Type w/ 8,500 LB Lift Crane & Welder
Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder
Truck - Pick-up Truck / SUV / Van
Truck - Service Type (F-350, & F-550)
Truck - Service Type F-550 w/ Welder (500AMP) / Compressor (60 CFM)
Truck - Stakebed Type - 11' to 16' Bed Length
Truck - Mechanics Type w/ 8,500 LB Lift Crane & Welder
Truck - Mechanics Type w/ 14,000 LB Lift Crane & Welder
Truck - Stakebed Type - 24' Bed Length (25,999 Ibs)
Truck - Super 10 Dump (10 CUYD Cap for Dirt)
Truck - Water Type 2,000 Gallon
Hourly Rate
$ 65.00
$ 60.00
$ 120.00
$ 75.00
$ 75.00
$ 29.00
$ 42.00
$ 50.00
$ 40.00
$ 75.00
$ 75.00
$ 30.00
$ 94.00
$ 46.00
Vactor Trucks Hourly Rate
Vactor Truck / Potholing Rig (800 Gallon) $ 100.00
Water Pumps Daily Rate
Water Pump Submersible Type, Electric Powered 2" w/ 25' of Suction Hose & 50' of Discharge Hose $ 60.00
Water Pump Submersible Type, Electric Powered 3" w/ 25' of Suction Hose & 50' of Discharge Hose $ 85.00
Water Pump Submersible Type, Electric Powered 4" w/ 25' of Suction Hose & 50' of Discharge Hose $ 135.00
Water/Fuel Tanks & Towers Daily Rate
Dewatering Sediment Tanks (1,000 Gallon Capacity) $ 10.00
Fuel Tank - 1,000 Gallon (Dual Containment) $ 56.00
Water Tank Trailer Type (500 Gallon Capacity) Hourly Rate $ 8.00
Water Tower - Towable Unit (Up to 12,000 Gallon) $ 100.00
Welding Equipment Hourly Rate
Band Saw - Portable 4" x 4" max cut $ 10.00
Plasma Cutter $ 20.00
Welder 200 AMP $ 17.00
Welder 300 AMP $ 18.50
Welder 300 AMP Tig Machine $ 18.50
Welder 500 AMP $ 20.00
Weld Rig for Rig Welder (includes fuel / wet rate) $ 45.00
Page 7 of 7
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers, employees, and
any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services
contemplated by this Agreement.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
W.A.Rasic Construction Company, Inc. Page C-1
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
D. Pollution Liability Insurance. If required, Contractor shall maintain a policy
providing contractor's pollution liability ("CPL") coverage with a total limit of
liability of no less than one million dollars ($1,000,000) per loss and two
million dollars ($2,000,000) in the aggregate per policy period. Claims -
made policies require a 5-year extended reporting period. The CPL policy
shall include coverage for cleanup costs, third -party bodily injury and
property damage, including loss of use of damaged property or of property
that has not been physically injured or destroyed, resulting from pollution
conditions caused by contracting operations. Coverage as required in this
paragraph shall apply to sudden and non -sudden pollution conditions
resulting from the escape or release of smoke, vapors, fumes, acids, alkalis,
toxic chemicals, liquids, or gases, waste materials, or other irritants,
contaminants, or pollutants. The CPL shall also provide coverage for
transportation and off -Site disposal of materials. The policy shall not
contain any provision or exclusion (including any so-called "insured versus
insured" exclusion or "cross -liability" exclusion) the effect of which would be
to prevent, bar, or otherwise preclude any insured or additional insured
under the policy from making a claim which would otherwise be covered by
such policy on the grounds that the claim is brought by an insured or
additional insured against an insured or additional insured under the policy.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
contemplated by this Agreement or shall specifically allow Contractor or
others providing insurance evidence in compliance with these requirements
to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express
waivers from each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of
the property upon which Contractor performs the Project and/or Services
W.A.Rasic Construction Company, Inc. Page C-2
contemplated by this Agreement shall be included as insureds under such
policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
W.A.Rasic Construction Company, Inc. Page C-3
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue and is not
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no
obligation or liability by such notice, but has the right (but not the duty) to
monitor the handling of any such claim or claims if they are likely to involve
City.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
W.A.Rasic Construction Company, Inc. Page C-4
judgment may be necessary for its proper protection and prosecution of the
Work.
W.A.Rasic Construction Company, Inc. Page C-5
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to W.A.
RASIC CONSTRUCTION COMPANY, INC., a California corporation, hereinafter
designated as the "Principal," an agreement for on -call maintenance and/or repair
services for water, wastewater and storm drains, in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of
Principal's subcontractors, shall fail to pay for any materials, provisions, or other supplies
used in, upon, for, or about the performance of the Work agreed to be done, or for any
work or labor done thereon of any kind, the Surety on this bond will pay the same to the
extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport Beach,
in the sum of Dollars ( ),
lawful money of the United States of America, said sum being equal to 100% of the
amount of any Letter Proposal accepted by City of over Twenty Five Thousand Dollars
and 00/100 ($25,000.00), payable by the City of Newport Beach under the terms of the
Agreement; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by
these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce the
obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as required
by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
W.A. Rasic Construction Company, Inc. Page D-1
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:
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
W.A. Rasic Construction Company, Inc. Page D-2
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)
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
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
W.A. Rasic Construction Company, Inc. Page D-3
EXHIBIT E
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $ , being at the
rate of $ thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to W.A.
RASIC CONSTRUCTION COMPANY, INC., a California corporation, hereinafter
designated as the "Principal," an agreement for on -call maintenance and/or repair
services for water, wastewater and storm drains, in the City of Newport Beach, in strict
conformity with the Agreement on file with the office of the City Clerk of the City of Newport
Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the
Agreement.
NOW, THEREFORE, we, the Principal, and
duly authorized to
transact business under the laws of the State of California as Surety (hereinafter
"Surety"), are held and firmly bound unto the City of Newport Beach, in the sum of
( ) lawful
money of the United States of America, said sum being equal to 100% of the amount of
any Letter Proposal accepted by City of over Twenty Five Thousand Dollars and 00/100
($25,000.00), to be paid to the City of Newport Beach, its successors, and assigns; for
which payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and
well and truly keep and perform any or all the Work, covenants, conditions, and
agreements in the Agreement and any alteration thereof made as therein provided on its
part, to be kept and performed at the time and in the manner therein specified, and in all
respects according to its true intent and meaning, or fails to indemnify, defend, and save
harmless the City of Newport Beach, its officers, employees and agents, as therein
stipulated, then, Surety will faithfully perform the same, in an amount not exceeding the
sum specified in this Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable
expenses and fees, including reasonable attorneys fees, incurred by City, only in the
event City is required to bring an action in law or equity against Surety to enforce the
obligations of this Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
W.A. Rasic Construction Company, Inc. Page E-1
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:
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
W.A. Rasic Construction Company, Inc. Page E-2
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
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.
(seal)
State of California
County of } ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument
the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
W.A. Rasic Construction Company, Inc. Page E-3
q 2 179 D+ 28 ® L
Q Search ski Insured C— 93 `at- l
Insured Name
Name: W.A. Rasic Construction
W.A. Rasic Construction Company, Inc. (F Company, Inc. n
Account Number: FV00000982
W.A. Rasic Construction Company, Inc. Address: 4150 Long Beach Blvd., Long
Beach, CA, 90807
Active Records Only
Status: Currently in Compliance.
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Account Number:
FV00000982
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Risk Type:
Maintenance/Repair
Services Agreement
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Insured:
W.A. Rasic
Construction
Company, Inc.
Help
�
Address 1:
4150 Long Beach
Video Tutorials
Blvd.
Address 2:
City:
Long Beach
State:
CA
Zip:
90807
Country:
Contract Number:
On -Call Water,
Wastewater, &
Storm Drain
Services
Contract Start Date:
04/12/2023 Contract End Date:
Contract Effective Date:
05/23/2023 Contract Expiration Da
Description of Services:
On -Call Water, Safety Form II:
Wastewater, and
Storm Drain
Services
Contact Information
Contact Name: Shane Sato Misc:
Phone Number:
(562) 928-6111 Alt Phone Number:
Fax Number:
E-Mail Address:
ssato@warasic.com
Approval Date:
Rush:
No
Contract on File:
No
Certificate Received:
No
Indemnification Agreement:
No
Tax Id:
This Account created by WJR on 04/12/2023.