HomeMy WebLinkAbout08 - Underground Utility Installation & Repair - Amended Attachment CRECEIVED AFTER AGENDA PRINTED
Agenda Item No. 8
April 9, 2013
Attachment C
On -call repair services agreement with Steve Bubalo Construction CO., Inc. for
underground utility installation and repair services
ON -CALL REPAIR SERVICES AGREEMENT
WITH STEVE BUBALO CONSTRUCTION CO., INC.
FOR UNDERGROUND UTILITY INSTALLATION AND REPAIR SERVICES
THIS ON -CALL REPAIR SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this day of March, 2013 ( "Effective Date ") by and between the
CITY OF NEWPORT BEACH, a California municipal corporation and charter city
( "City "), and STEVE BUBALO CONSTRUCTION CO., INC., a California corporation
( "Contractor "), whose principal place of business is 128 E. Live Oak Ave, Monrovia, CA
91016 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call underground utility
installation and repair services ('Project').
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on March 31, 2015, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
21 City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall provide "On -Call'
services as described in the Scope of Work attached hereto as Exhibit A and
incorporated herein by reference ( "Services" or "Work "). Upon written request from the
Project Administrator (as defined below in Section 6), Contractor shall provide a letter
proposal for Services requested by the City (hereinafter referred to as the "Letter
Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal and shall provide and
furnish all the labor, materials, necessary tools, expendable equipment and all utility and
transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.1.1 Notwithstanding the foregoing, Contractor shall not be responsible
for delays due to causes beyond Contractor's reasonable control. However, in the case
of any such delay in the Services to be provided for the Project, each party hereby
agrees to provide notice to the other party within two (2) calendar days of the
occurrence of the delay so that all delays can be addressed.
3.2 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator (as defined in Section 6 below) not later than two
(2) calendar days after the start of the condition that purportedly causes a delay. The
Project Administrator shall review all such requests and may grant reasonable time
extensions for unforeseeable delays that are beyond Contractor's control.
3.3 For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
fax, hand - delivery or mail.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed Two
Hundred Thousand Dollars and 00/100 ($200,000.00) without written amendment to
the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
and /or classification of employee who performed the Work, a brief description of the
Services performed and /or the specific task from the Scope of Work attached hereto to
which it relates, the date the Services were performed, the number of hours spent on all
Steve Bubalo Construction Co., Inc. Page 2
Work billed on an hourly basis, and a description of any reimbursable expenditures.
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Work and Schedule of Rates attached hereto.
Unless otherwise approved, such costs shall be limited and include nothing more than
the actual costs and /or other costs and /or payments specifically authorized in advance
in writing and incurred by Contractor in the performance of this Agreement.
4.4 Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator to be necessary for the proper completion of
the Project, but which is not included within the Scope of Work and which the City and
Contractor did not reasonably anticipate would be necessary. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Rates set forth
in Exhibit B.
5. 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 John Schiller to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
key personnel listed in Exhibit A or assign any new or replacement personnel to the
Project without the prior written consent of City. City's approval shall not be
unreasonably withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants this it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
The Utilities General Manager, or his /her designee shall be the Project Administrator
and shall have the authority to act for City under this Agreement. The Project
Administrator or his /her designee shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
7.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
Steve Bubalo Construction Co., Inc. Page 3
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
7.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
7.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, or acts of God, or the failure of City to furnish timely information or
to approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
8.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
Steve Bubalo Construction Co., Inc. Page 4
8.4 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Contractor.
8.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Work by Contractor or its agents.
8.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
8.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
9. INDEPENDENT CONTRACTOR
It is understood that City has retained Contractor as an independent contractor
and neither Contractor nor its employees are to be considered employees or agents of
the City. The manner and means of conducting the Work are under the control of
Contractor, except to the extent they are limited by statute, rule or regulation and the
express terms of this Agreement. No civil service status or other right of employment
shall accrue to Contractor or its employees. Nothing in this Agreement shall be deemed
to constitute approval for Contractor or any of Contractor's employees or agents, to be
the agents or employees of the City. Contractor shall have the responsibility for and
control over the means of performing the Work, provided that Contractor is in
compliance with the terms of this Agreement. Anything in this Agreement that may
appear to give City the right to direct Contractor as to the details of the performance of
the Work or to exercise a measure of control over Contractor shall mean only that
Contractor shall follow the desires of City with respect to the results of the Services.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with the Contractor on the Project.
11. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with the Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
Steve Bubalo Construction Co., Inc. Page 5
12. PROGRESS
Contractor is responsible for keeping the Project Administrator and /or his /her
duly authorized designee informed on a regular basis regarding the status and progress
of the Project, activities performed and planned, and any meetings that have been
scheduled or are desired.
13. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power, or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
15. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and any subcontractor nor shall it create any
obligation on the part of City to pay or to see to the payment of any monies due to any
such subcontractor other than as otherwise required by law. The City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
duty of care between the subcontractor and the City. Except as specifically authorized
herein, the Services to be provided under this Agreement shall not be otherwise
assigned, transferred, contracted or subcontracted out without the prior written approval
of City.
16. OWNERSHIP OF DOCUMENTS
Each and every report, draft, record, plan, document and other writing produced
(hereinafter "Documents "), prepared or caused to be prepared by Contractor, its
officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
Steve Bubalo Construction Co., Inc. Page 6
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
17. CONFIDENTIALITY
All Documents, including drafts, notes and communications that result from the
Services in this Agreement, shall be kept confidential unless City expressly authorizes
in writing the release of information.
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3)
years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
19. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction
of the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
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City reserves the right to employ other Contractors in connection with the Project.
21. CONFLICTS OF INTEREST
21.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
21.2 If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
Steve Bubalo Construction Co., Inc. Page 7
City for any and all claims for damages resulting from Contractor's violation of this
Section.
01 IQ 9141 ZK
22.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
to City by Contractor and conclusively shall be deemed served when delivered
personally, or on the third business day after the deposit thereof in the United States
mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices,
demands, requests or approvals from Contractor to City shall be addressed to City at:
Attn: Utilities General Manager
Municipal Operations Department
City of Newport Beach
949 W. 161h St.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718 -3401
22.2 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: John Schiller
Steve Bubalo Construction Co., Inc.
128 E. Live Oak Ave.
Monrovia, CA 91016
Phone: 626- 574 -7570
23. NOTICE OF CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under the Agreement, Contractor shall submit to City, in
writing, all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Agreement, the Contractor shall be required to file any
claim the Contractor may have against the City in strict conformance with the
Government Claims Act (Govt. Code §§ 900 et seq.).
24. TERMINATION
24.1 In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
Steve Bubalo Construction Co., Inc. Page 8
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
24.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than thirty (30) calendar days prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for
which Contractor has not been previously paid. On the effective date of termination,
Contractor shall deliver to City all materials purchased and Documents created in
performance of this Agreement.
25. LABOR
25.1 Contractor shall conform with all applicable provisions of State and
Federal law including, but not limited to, applicable provisions of the Federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
25.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
25.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
25.4 To the fullest extent permitted by law, the Contractor shall indemnify,
defend, and hold harmless the City, its City Council, boards and commissions, officers,
agents, volunteers, and employees from loss or damage, including but not limited to
attorney's fees, and other costs of defense by reason of actual or alleged violations of
any applicable Federal, State and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
26. STANDARD PROVISIONS
26.1 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
26.2 Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
26.3 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
Steve Bubalo Construction Co., Inc. Page 9
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
26.4 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
26.5 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
26.6 Controlling Law and Venue. The laws of the State of California shall
govern this Agreement and all matters relating to it and any action brought relating to
this Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
26.7 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
26.8 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
26.9 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
26.10 No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
26.11 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Steve Bubalo Construction Co., Inc. Page 10
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 311V13
A&G,K C. Harp
City Attorney
ATTEST:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
A California municipal corporation
Date:
Bv:
Keith D. Curry
Mayor
CONTRACTOR: Steve Bubalo
Construction Co., Inc., a California
corporation
Date:
By:
John C. Schiller
President and General Manager
By:
Louise Bubalo
Secretary and Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Work
Exhibit B — Schedule of Rates
Exhibit C — Insurance Requirements
Steve Bubalo Construction Co., Inc. Page 11
EXHIBIT A
SCOPE OF WORK
Contractor shall furnish all labor, equipment, materials, and supervision to provide as-
needed underground utility repairs, including but not limited to:
Excavations, pavement cuts, minor grading.
• Installation and repair of water system components such as:
• Waterlines sizing from 6" to 48" in diameter
• Valves of various types and sizes
• Services ranging from' /" to 2" in diameter
o Meters and boxes of various sizes
• Backflow devices of various sizes
• Pressure reducing, sustaining, relieving valves of various sizes
• Vaults of various sizes
• Fire connections of various sizes
• Installation and repair of wastewater system components such as:
o Force mains sizing from 4" to 12" in diameter
o Laterals of various sizes
• Clean -outs
• Grease interceptors
• Collection system mainlines
• Vaults /wet wells
o Valves of various sizes
o Manholes
• Installation and repair of storm water system components such as:
o Storm drain piping
o Catch basins
o Tide valves
o Manholes
• Disposal of excess materials and spoils
• Hauling of material for backfilling and grading
• Backfill and compaction
• Minor repair of roadways
• Install and relocate SCE facilities
Steve Bubalo Construction Co., Inc. Page A -1
Contractor Requirements:
Contractor shall be required to:
• Ensure that all work performed under this contract shall be performed in such
a manner as to provide maximum safety to the public and where applicable
comply with all safety standards required by CAL -OSHA. The City reserves
the right to issue restraint, or cease and desist orders to the Contractor when
unsafe or harmful acts are observed or reported relative to the performance
under this contract. All contractor employees shall have access to a
W.A.T.C.H. (Work Area Traffic Control Handbook) at all times.
• Maintain all work sites free of hazards to persons and /or property resulting
from his /her operations. Any hazardous condition noted by the Contractor,
which is not a result of his /her operations, shall be immediately reported to
the City.
• Upon acceptance of Work, restore the Project area affected by the operations
to a condition at least equal to that existing prior to the work, including the
removal of all debris.
• Final Work shall be approved by the City's Public Works Department as to the
City design specifications and plans on file for the specific location where the
Work is performed.
• Provide callback within twenty four hours after initial request from the City for
underground utility services.
Steve Bubalo Construction Co., Inc. Page A -2
EXHIBIT B
SCHEDULE OF BILLING RATES
Steve Bubalo Construction Co., Inc. Page B -1
STEVE BUBALO CONSTRUCTION COMPANY
LABOR RATES
(Including Mark Up for Overhead and Pf0fip
MATERIALS WILL BE BILLED AT COST PLUS 15%
SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10%
TOTAL
CLASSIFICATION
LABOR
RATE
CLASSIFICATION
COST
TYPE
<$UM >Hr
PROJECT MANAGER
$150.00
REGULAR
PROJECT MANAGER
LABORER
$7449
REGULAR
LABORER
30020
$99.97
PREMIUM
$125.45
DOUBLE
OPERATOR
$101.97
REGULAR
OPERATOR
400155
$139.28
PREMIUM
$176.60
DOVE E
OPERATOR
$115.05
REGULAR
OPERATOR
FOREMAN
$160.10
PREMIUM
FOREMAN
40&60
$204.35
DOUBLE
WELDER
$9797
REGULAR
WELDER
MECHANIC
$183,29
PREMIUM
MECHANIC
400/50
$168.60
DOUBLE
TEAMSTER
$7746
REGULAR
TEAMSTER
50020
$101.96
PREMIUM
$126.46
DOUBLE
CARPENTER
$9024
REGULAR
CARPENTER
FOREMAN
$126.54
PREMIUM
FOREMAN
100140
$162.85
DOUBLE
CARPENTER
$8282
REGULAR
CARPENTER
100150
$11542
PREhIIUM
$148.02
DOUBLE
MATERIALS WILL BE BILLED AT COST PLUS 15%
SUBCONTRACTORS WILL BE BILLED AT COST PLUS 10%
Equipment Rates
for (STEVE BUBALO CONSTRUCTION CO.)
Including Mark up for Overhead and Profit
EQUIPMENT
Ll u
Rate
CAT 3040CR EXCAVATOR
HR
$34.82
CAT 330CL BACKHOE
HR
$180.37
CAT 3658E 375E EXCAVATOR
HR
$311.39
CAT 3070S8 312 EXCAVATOR
HR
$56.99
CAT 225DLC EXCAVATOR
HR
$116.30
KOIv ATSU P10DO EXCAVATOR
HR
$464.08
JOHN DEERE 710D BACKHOE
HR
$82.23
CAT 980C LOADER
HR
$193.53
CAT 9660 LOADER
HR
$137.45
CAT 966F LOADER
HR
$155.19
CAT 9508 LOADER
HR
$104.72
CAT 950F LOADER SERIES It
HR
$121.60
CAT 2268 SKID STEER LOADER
HR
$33.51
CAT 262C SKID STEER LOADER
HR
$46.26
LINK BELT FMC CRANE HSP 8018XL
HR
$107.07
P&H 670 TC CRANE
HR
$214.90
LINK BELT FMC CRANE HSP 8022
HR
$107.07
CAT O3B DOZER
HR
$37.85
HYSTER ROLLER C350
HR
$43.24
CAT ROLLER 2240
HR
$38.07
CAT ROLLER 433C
HR
$79.89
DYNAPAC ROLLER CAISPO
HR
$61.15
DYNAPAC ROLLER CA25
HR
$87.02
TAYLOR FORKLIFT IST
HR
$110.35
CLARK FORKLIFT 1ST
HR
$110.35
HYSTER FORKLIFT H460B
HR
$131.61
HYSTER FORKLIFT H330B
HR
$110.35
CAT BLADE 140G
HR
$96.47
INGERSOL RAND 185CFM COMPRESSOR
HR
$23.01
INGERSOL RAND 175CFM COMPRESSOR
HR
$23.01
MULTIQUIP 45W WISPERWATT GENERATOR
HR
$16.38
MULTIQUIP 60W WISPERWATT GENERATOR
HR
$29.68
LIGHT TOWER MLT 30604 LIGHT
HR
$9.02
TCS ARROW BOARD
HR
$3.68
TCS MESSAGE BOARD
HR
$11.41
FORD F150 PICK UP
HR
$2298
FORD F250 PICK UP
HR
$2298
FORD F350 PICK UP
HR
$28.80
FORD F450 PICKUP
HR
$35.31
KENWORTH TRACTOR 18 WHEEL SEMI
HR
$86.55
KENWORTH 10 WH[CL DUMP TRUCK
HR
$76.39
INTERNATIONAL 10 WHEEL DUMP TRUCK
HR
$76.39
4 TON UTILITY TRUCK
HR
$38.09
MECHANICS TRUCK
HR
1 $47.91
LUKE AND FUEL TRUCK
HR
$68.21
KENWORTH SPIRADRIL(ATLANTIC LOH100
HR
$167.58
INTERNATIONAL 4000 GAL WATER TRUCK
HR
$55.33
FORD 4000 GAL WATER TRUCK
HR
$55.33
VOLVO 4000 GAL WATER TRUCK
HR
$55.33
VOLVO 2500 GAL WATER TRUCK
HR
$38.09
FRUEHAUF SEMI/END DUMP TRAILER
HR
$14.92
COZAD LO BED TRAILER
HR
$14.92
DORSEY FLATBED TRAILER
HR
$14.92
MOBIL ATHEY SWEEPER
HR
$141.75
BROCE BROOM
HR
$46.43
MULTIOUIP185 AMP WELDER
HR
$7.03
HSOVARNA F5.520 CONCRETE SAW
HR
$19.08
2" TO 4'PUMPS AND HOSE
HR
$6.03
WACKENJUMPING JACKNIB. PLATE
HR
810.14
JACKHAMMER SON AND 904
HR
$7.51
CLAY SPADE
HR
$0.99
EXHIBIT C
1. INSURANCE REQUIREMENTS — MAINTENANCE AND REPAIR
1.1 Provision of Insurance. Without limiting Contractor's indemnification of
City, and prior to commencement of Work, Contractor shall obtain, provide and maintain
at its own expense during the term of this Agreement, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
1.2 Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
1.3 Coverage Requirements.
1.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California, Section 3700 of the Labor Code.
1.3.1.1 Contractor shall submit to City, along with the
certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its
officers, officials, employees and agents.
1.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, in an amount
not less than one million dollars ($1,000,000) per occurrence, two million dollars
($2,000,000) general aggregate and two million dollars ($2,000,000) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
1.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of the Contractor arising out
of or in connection with Work to be performed under this Agreement, including coverage
for any owned, hired, non -owned or rented vehicles, in an amount not less than one
million dollars ($1,000,000) combined single limit for each accident.
1.4 Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
Steve Bubalo Construction Co., Inc. Page C -1
1.4.1 Waiver of Subrogation. All insurance coverage maintained or
procured pursuant to this agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and volunteers or
shall specifically allow Contractor or others providing insurance evidence in compliance
with these requirements to waive their right of recovery prior to a loss. Contractor
hereby waives its own right of recovery against City, and shall require similar written
express waivers from each of its subcontractors.
1.4.2 Additional Insured Status. All liability policies including general
liability, excess liability, pollution liability, and automobile liability, but not including
professional liability (if required), shall provide or be endorsed to provide that City and
its officers, officials, employees, and agents shall be included as insureds under such
policies.
1.4.3 Primary and Non Contributory. All liability coverage shall apply on
a primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
1.4.4 Notice of Cancellation. All policies shall provide City with thirty (30)
days notice of cancellation (except for nonpayment for which ten (10) days notice is
required) or nonrenewal of coverage for each required coverage.
1.5 Additional Agreements Between the Parties. The parties hereby agree to
the following:
1.5.1 Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
1.5.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of this Agreement to change the amounts and types of
insurance required by giving the Contractor ninety (90) days advance written notice of
such change. If such change results in substantial additional cost to the Contractor, the
City and Contractor may renegotiate Contractor's compensation.
1.5.3 Right to Review Subcontracts. Contractor agrees that upon
request, all contracts with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such contracts will not impose any liability on City, or its employees.
1.5.4 Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
1.5.5 Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a limitation on coverage,
Steve Bubalo Construction Co., Inc. Page C -2
limits or other requirements, or a waiver of any coverage normally provided by any
insurance. Specific reference to a given coverage feature is for purposes of clarification
only as it pertains to a given issue and is not intended by any party or insured to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
1.5.6 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
1.5.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
1.5.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
1.5.9 Contractor's Insurance. Contractor shall also procure and
maintain, at its own cost and expense, any additional kinds of insurance, which in its
own judgment may be necessary for its proper protection and prosecution of the Work.
Steve Bubalo Construction Co., Inc. Page C -3