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HomeMy WebLinkAbout08 - GCI On-Call Emergency Underground Utility RepairsCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 8 September 12, 2006 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Pete Antista, Utilities Director 949 - 718 -3400 or pantista @city.newport- beach.ca.us SUBJECT: PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS ISSUES: Should the City execute a Professional Services Agreement with GCI Construction, Inc. (GCI) for emergency underground utility repairs on an on -call basis? RECOMMENDATION: Authorize the Mayor to approve an agreement with GCI Construction, Inc. for emergency underground utility repairs on an on -call basis. DISCUSSION: A request for qualifications for on -call services was requested of GCI Construction, Inc. (GCI). Due to the nature of an emergency requiring immediate repair work, staff is recommending approval of an on -call agreement with GCI to provide "as needed" emergency underground repair services. Terms for services to be performed will be on a time and materials basis and will be based upon the rates shown in Exhibit B. This agreement will formalize on -call emergency services with GCI and lock prices through June 30, 2007. GCI has been doing business for 16 years as a General Engineering Contractor specializing in underground utilities, storm drain, sewer, and water, street and grading improvements, and providing emergency repair for all of the services mentioned. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA Approval of On -Call Professional Service Agreement September 12, 2006 Page 2 Funding Availability: Funds for emergency repairs are available as follows: Water — 5500 -8160 and 7501 C- 5500074 Wastewater — 5600 -8160 and 7531 C5600292 Expenditures more than $30,000 for an individual project will require a separate City Council action in accordance with. Policy F -14. Prepared by: z Cindy AXher Administrative Manager Submitted by: Pete ntista Utilities Director Attachments: On -Call Professional Services Agreement 0 PROFESSIONAL SERVICES AGREEMENT WITH GCI CONSTRUCTION, INC. FOR ON -CALL EMERGENCY UNDERGROUND UTILITY REPAIRS THIS AGREEMENT is made and entered into as of this 12th day of September, 2006, by and between the CITY OF NEWPORT BEACH, a municipal corporation ( "City"), and GCI CONSTRUCTION, INC., a California corporation whose address is 245 Fischer Avenue, Ste. B -3., Costa Mesa, California, 92626 ( "Contractor"), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City has a need for on -call assistance for emergency underground utilities services in regards to City infrastructure. C. City desires to engage Contractor to perform on -call emergency underground utilities services in various locations and for various City infrastructure. D. Contractor possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Contractor for purposes of Project shall be Terry Gillespie. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the expertise of Contractor, and desires to retain Contractor to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned Parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 30th day of June, 2007, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Contractor shall provide "On-Call' emergency underground utilities services as described in the Statement of Qualifications attached as Exhibit "A." Upon verbal or written request from the Project Administrator, Contractor shall provide a letter proposal for services requested by the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall include the following: (a) A detailed description of the services to be provided; (b) The position of each person to be assigned to perform the services, and the name of the individuals to be assigned, if available; (c) The estimated number of hours and cost to complete the services; (d) The time needed to finish the project. No services shall be provided until the Project Administrator has provided written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall diligently perform the duties in the approved Letter Proposal. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and the services shall be performed to completion in a diligent and timely manner. The failure by Contractor to perform the services in a diligent and timely manner may result in termination of this Agreement by City. Notwithstanding the foregoing, Contractor shall not be responsible for delays due to causes beyond Contractor's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Contractor shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Contractor's control. 3.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 compensation for services performed in accordance with this Agreement, including all reimbursable items and subcontractor fees, shall not exceed the fees identified in the Letter Proposal, as approved by the Utilities Department. Any Letter Proposal that sets forth fees in excess of Thirty Thousand Dollars and No Cents ($30,000.00) shall require a separate Professional Service Agreement approved by City Council per Council Policy F -14. q I 4.1 Contractor shall submit monthly invoices to City describing the work performed the preceding month. Contractor's bills shall include the name of the person and /or classification of employee who performed the work, a brief description of the services performed and /or the specific task in the letter proposal to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Contractor no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Contractor only for those costs or expenses specifically approved in the Letter Proposal. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Contractor: A. The actual costs of subcontractors for performance of any of the services that Contractor agrees to render pursuant to this Agreement and the Letter Proposal, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Contractor in the performance of this Agreement. 4.3 Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Letter Proposal and which the parties did not reasonably anticipate would be necessary. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates set forth in Exhibit B. 5. PROJECT MANAGER Contractor shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Contractor has designated Terry Gillespie to be its Project Manager. Contractor shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. 5 .1 Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Pete Antista shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his/her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Contractor in the execution of its responsibilities under this Agreement, City agrees to, where applicable: A. Provide access to, and upon request of Contractor, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Contractor's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Contractor will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Contractor and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced. personnel who are not employed by City, nor have any contractual relationship with City. 8.2 Contractor represents and warrants to City that it has or shall obtain all licenses, permits, qualifications, insurance and approvals of whatsoever nature that are legally required of Contractor to practice its profession. Contractor further represents and warrants to City that Contractor shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement, any and all licenses, permits, insurance and other approvals that are legally required of Contractor to practice its profession. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Contractor shall not be responsible for delay, nor shall Contractor be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Contractors work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents and employees (collectively, the °Indemnified Parties ") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to any work performed or services provided under this Agreement (including, without limitation, defects in workmanship or materials and /or design defects [if the design originated with Contractor]) or Contractor's presence or activities conducted on the Project (including the negligent and /or willful acts, errors and /or omissions of Contractor, its principals, officers, agents, employees, vendors, suppliers, 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). 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Contractor on an independent contractor basis and Contractor is not an agent or employee of City. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractors employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance or to exercise a measure of control over Contractor shall mean only that Contractor shall follow the desires of City with respect to the results of the services. Y ..9 11. COOPERATION Contractor agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Contractor on the Project. 12. CITY POLICY Contractor shall discuss and review all matters relating to policy and project direction with City s Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Contractor is responsible for keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the work, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Contractor's indemnification of City, and prior to commencement of work. Contractor shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. - Contractor shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 6 D. Coverage Requirements. Workers' Compensation Coverage. Contractor shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Contractor shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) days prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers,. agents, employees and volunteers for losses arising from work performed .by Contractor for City. 2. General Liabilitv Coverage. Contractor shall maintain commercial general liability insurance in an amount not less than Two Million Dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than One Million Dollars ($1,000,000) combined single limit for each occurrence. 4. Professional Errors and Omissions Insurance. Contractor shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of One Million Dollars ($1,000,000). D. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Contractor. rd ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Contractor's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. . vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) days written notice has been received by City. A. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Contractor's performance under this Agreement. B. Additional Insurance. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or joint - venture or syndicate or cotenancy, which shall result in changing the control of Consultant. 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. 10 0 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Contractor. Assignments of any or all rights, duties or obligations of the Contractor under this Agreement will be permitted only with the express written consent of City. Contractor shall not subcontract any portion of the work to be performed under this Agreement without the written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor, its officers, employees, agents and subcontractors, in the course of Implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Contractor or any other party. Contractor shall, at Contractor's expense, provide such Documents to City upon written request. Documents, including drawings and specifications, prepared by Contractor pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific written authorization from Contractor will be at City's sole risk and without liability to Contractor. Further, any and all liability arising out of changes made to Contractor's deliverables under this Agreement by City or persons other than Contractor is waived against Contractor and City assumes full responsibility for such changes unless City has given Contractor prior notice and has received from Contractor written consent for such changes. 18. COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the work. City agrees that Contractor shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Contractor. By acceptance of CADD data, City agrees to indemnify Contractor for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by City in ".dwg" file format on a CD, and should comply with the City's digital submission requirements for Improvement Plans. The City will provide AutoCAD file for City Title Sheets. All written documents shall be transmitted to City in the City's latest adopted version of Microsoft Word and Excel. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY The Contractor shall defend and indemnify City, its agents, officers, representatives and employees against liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Contractor's drawings and specifications provided under this Agreement. 21. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor to this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of City to examine, audit and make transcripts or copies of such records during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings and activities related to the Agreement for a .period of three (3) years from the date of final payment under this Agreement. 22. WITHHOLDINGS City may withhold payment of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Contractor shall not discontinue work as a result of such withholding. Contractor shall have an immediate right to appeal to the City Manager or his designee with respect to such disputed sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Contractor which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Contractor, the additional design, construction and /or restoration expense shall be bome by Contractor. Nothing in this paragraph is intended to limit City s rights under any other sections of this Agreement. / in 24. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS City reserves the right to employ other Contractors in connection with the Project. 25. CONFLICTS OF INTEREST The Contractor or its employees may be subject to the provisions of the Califomia 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. If subject to the Act, Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by City. Contractor shall indemnify and hold harmless City for any and all claims for damages resulting from Contractor's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Contractor to City shall be addressed to City at: Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92658 -8915 Phone: 949- 644 -3011 Fax: 949 -646 -5204 All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at: GCI Construction, Inc. 245 Fischer Avenue, Ste. B -3 Costa Mesa, CA 92626 Phone: 714- 957 -0233 Fax: 714 540 -1148 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be 13 11 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, the non - defaulting parry may terminate the Agreement forthwith by giving to the defaulting parry written notice thereof. Notwithstanding the above provision, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days' prior written notice to Contractor. In the event of termination under this Section, City shall pay Contractor for services satisfactorily performed and costs incurred up to the effective date of termination for which Contractor has not been previously paid. On the effective date of termination, Contractor shall deliver to City all reports and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Contractor shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Contractor shall conform to applicable City, county, state and federal laws, regulations and permit requirements and be subject to approval of the Project Administrator and City. 29. WAIVER A waiver by either parry of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govem. iq 12 32. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Contractor and City and approved as to form by the City Attomey. 33. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 34. CONTROLLING LAW AND VENUE The laws of the State of Califomia shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 35. EQUAL OPPORTUNITY EMPLOYMENT Contractor represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. 36. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. rs 13 IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: By: Aaron C41arp, Assistant City Attorney for the City of Newport Beach ATTEST: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH A Municipal Corporation Don Webb Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: By: (Financial Officer) Title: Print Name: Attachments: Exhibit A — Statement of Qualifications Exhibit B — Schedule of Billing Rates F:\users\Gat\shared\Ag\On-Call\Template.doc 14 1� 08/30/2006 11'31 FAX 7145401148 GCI CONSTRUCTION - IaOO2 /006 �8CI (JQNSCRUCTION INC. CITY OF NEWPORT BEACH UTILITIES DEPARTMENT Mr. Pete Antista 949 West 161° Street Newport Beach, CA 92663 (949) 644 -3011, fax (949) 646 -5204 Dear Mr. Antista, EXHIEW Gr:nerd( Engineering Contractor Lic. No. 755356 August 30, 2006 I would like to take this opportunity to introduce G C t Construction, Inc.. For 16 years we had been doing business as Gillespie Construction, Inc. as a General Engineering Contractor specializing in underground utilities, storm drain, sewer, water, street & grading Improvements, provide emergency repair for all of the services mentioned. In 1998 we began G C I Construction, Inc.. We are still engaged In the same type of work. Combined we have over 24 years of exper*nce.as a General Engineering Contractor in this field. We have also worked for the City of Newport Beach for that entire 24 year period on various projects. Our key individuals would be Terry Gillespie, President; Richard Tirrell, Vke President; and Floyd Bennett, Secretary Treasurer. Terry Gillespie has over 35 years experience in this industry. Richard Tirrell and Floyd Bennett have over 45 years experience in this industry. Present commitments would be Terry Gillespie overseeing certain projects in a supervisory/superintendent capacity. Richard Thrall also oversees projects In the same capacity. Floyd Bennett oversees the office staff and all financial matters including extensive job costing. All officers participate in the bidding of new projects. All officers are very hands on in all aspects of the business operations, GCI Construction, Inc, also employs a number of highly experienced key employees who act as Superfntendent/Foreman and Project Managers on all of our projects running them from start to finish. They too have many years experience In this Industry. GCI Construction, Inc. is a full service general engineering contractor with many years experience working with numerous Public Works agencies as well -as County and State agencies. We have completed many projects through out the years with City of Newport Beach Public Works as Weil as City of Newport Beach Utilities Department. We look forward to the opportunity to work with you In the future. 2-,5 rr�chwAvonue. Sup. 13-3, Gosln Mon it C,rddoiimi 9')626 1,14) 96141ra3 • F nK I, 1,2; U,40-11 $8 17 08/30/2006 11:31 FAX 7145401148 qCj CONSTRUCTION GC1 CONSTRUCTION 7P1 @008. Lk HOUR HOW HOUR FLOUR HOUR ----- - - EQUIPMENT OPERATED RATE DBSCwarlaN FOREMAN PICK UP TRUCK SCHEDL 13.00 20.00 119.00 145-0 136.00 CREW TRUCK SIQP'L:qA A46a BACKHOFJLOADER ... 355D BACKHOEILOADER: 755 WMIDEILOADER 135.00 HOUR INS HaLLWAA CAT M LOADER CAT 950 E LOADER 130-00 1.30-00. 140.00 HOUR HOUR "OUR CAT NO LOADER 156.00 HOUR CAT 307 CAT 320 EXCAVATOR CAT 235 EXCAVATOR 175.110 HOUR 190.00 HOUR CAT 246 EXCAVATOR 22400 HOUR $24 Doz*r KOBELr-o 325E EXCAVATOR 173-04 lam HOUR HOUR RING 0 MATIC POT HOLING MACHINE 40BAD DAY 8 1L04 MR ASHPHALT ZIPPER . 244.40 HOUR Pkis Tooth - CM VIBRATORY ROLLER 60.00 82.00 HOUR DAY ARROWBOARD COMPACTION WHEEL 22-00 _jwo0 228.00 246_00 mom COMPRESSOR COMPRESSOR WIJACKHAMMER 2000 MULTIOUP TOWABLE GENERATOR P&Y----. CRAY DAY HYDRAULIC BREAKER 43-0 HOUR 20W LBS L L1014T TOWER I T 92-00 DAY q uo DAY ZWMRTta[w 10 HOUR Oq ..Y?-Pq 72.00 do axle Trormh BOX 4 :18 Trench Bm day gy 210.00WIc 210.00 Wk 630-00 No -'- a x 24 Trench Box ISILOD DAY 5DGAGWk iswwmo LABOR RATES: REGULAR OVERTIME DBL TIME LABORER GRADING LABORER SEWER 4230 43.66 56.00 57-92 S.S.T. MIS LABORER WATER -_ 4227 $7.35 71.42 ffpELA)RR GRADING PIPFLAYER SEWER FIFIFELAYER WATER 47M. 46 .78 s8 -72 81.13— 63. 24 SILL 7&64 79.25 ISA5 --.. OPERATOR GRADING OPERATOR SEWER OPERATOR WATER FOREMAN GRADING 9&59 102" s0-12'. $9.08 60162 0247 61.62 . 92JM so.so 8204 10442 10240 .- FOREMANSEWER IrOREMAN WATER 100.82 IM 0031006 CAn rvi ijBIT iiBii 0 68/29/2006 16:01 7146659801 PAGE 02/06 Seltzer Insurance Service ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HULOL", THIS CERT W�I IFCATE DOES NOT AMEND. FXTD OR ALTER THE 140 Centennial 81 Tustin, Ca 92780 COVERAGE AFFORDED BY THE POLICEES BE LOW. C0" Scottsdale Insurance Company A C "IW Lincoln General Insurance Company Irwumd rczwDZ -yes B compnnv AIG GCI CONSTRUCTION, INC. C _ ams, INC. 245 Fischer Ave. Suite D -3 DAmy D = Redwood TFire & Casualty.Co ml-ral os D - no THIS IS TO CERTIFY THAT THE POUCRES OF 04SUFIANCE USTED BELOW HAVE BEEN GSVEO TO THE INSURED NAMED ABOVE FOR THE POLICY MDICATED. NOT WITNSTANOIW ANY RE"UMERT. TERM OR COMTRION OF ANY CONTRACT OR OYI@3 DOCUMENT WRH ASE TO WHICH TMS CEATWCATE MAY BE ISSUED OR MAY PDiTAM. THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED "SKEW IS SUB,ECT TO ALL THE TEAMS, EXCLUSION CONDR NSOFSUCHPOUCIES. LBA SHOWN MAY HAVE641WREDUCED BY PAID POLICY POLICY TYPE OF IN POLICY NUMSEN EF OEAT� EXPDIRAATE ON LIMITS ENERA WABIUTY 1GMrW A GR& 06 04/01/07 Pia x „/ a CIw. Mbft Pe.sEMl A AEVg . . Ow wv B cwv =ry P.Ptep Exert om .m,ee � Mo $ �Arn arts AE Owmm Pula: sawedee A.AAs 6310002686 1,000 01/0604/01/07 DAmvD LA eased /Nfred//Ren It 15 N EM DESCRIPTION OF OPERATIONS /LOCATIONSEHICLESESPErtAL ITS ss e City, its officers, agents, officials, employees and volunteers are named dditional Insureds as per attached endorsements required.by contract with aspect to mark performed by named insured. givers of Subrogation to be ,included. w10 Day Notice For Noa- Payment City f Newport Beach Public Works Dep rtment 3300 Newport 21culevard Newport Beach, CA 92663 i ANY OF THE ABOVE DESCRNTEO POUuES BE CANCELLEO BEFORE THE ON DATE THEREOF. THE ISSUING COMPANY WILL 8� MAIL DAYS WRITTEN NOTICE TO THE CERTLPROATE HOLDER NAMED TO THE IN ANA DBE AV OM 95M EPFP Ac"m C CE” 6MlTY UW"WI" 9 ThM VmbeRx Fwm 877412375 04/01/06 014/01/07 Each OaLm"W me 41M-Q.-D DAL D WOR ERs' COMPENSATION EMPLOYERS• LIABILITY pxT.v w'" trld Eed W633 -6113 03/17/06 03/17/07 urnt DRe EL EUA AaAAar & 0 Lim EL MBx S OTN quip /Pecs P op XXI98401780 04/01/06 04/01/07 ch.Limi.t $5SOE000 eased /Nfred//Ren It 15 N EM DESCRIPTION OF OPERATIONS /LOCATIONSEHICLESESPErtAL ITS ss e City, its officers, agents, officials, employees and volunteers are named dditional Insureds as per attached endorsements required.by contract with aspect to mark performed by named insured. givers of Subrogation to be ,included. w10 Day Notice For Noa- Payment City f Newport Beach Public Works Dep rtment 3300 Newport 21culevard Newport Beach, CA 92663 i ANY OF THE ABOVE DESCRNTEO POUuES BE CANCELLEO BEFORE THE ON DATE THEREOF. THE ISSUING COMPANY WILL 8� MAIL DAYS WRITTEN NOTICE TO THE CERTLPROATE HOLDER NAMED TO THE IN 08/29/2006 16:01 7146659601 GCI CONSTRUCTION, INC. POLICY NUMBER: BCS0012603 PAGE 03/06 SCOTrSDALE INSURANCE COMPANY COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modMes Insurance provided under the following: COMMERICAL GENERAL LIABILITY COVERAGE PART Name of Person or Organization: SCHEDULE City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteem Location and Description of Completed Operations: Agreement For Emergency Services As Required By Contract Additional Premium: INCLUDED (if no entry appears above. information required to complete this endorsement wig be shown in the Declarations as applicable to ttris endorsement). SECTION 11- WHO IS AN INSURED is amended to inekxled as an insured the person or organization shown in the Schedule, but only with respect to fiabllity arising out of 'your wW at the location designated and described in the schedule of this endorsement performed for that insured and included in the `products -completed operations hazard'. IT IS AGREED that this policy is primary as respect any insurance maintained by the additional insured(s) and that such Insurance maintained by the additional insureds) is excess and non- ombibUtory with this policy as respects to work perfonned by the named insured. IT IS FURTHER AGREED that we waive any right of recovery we may have against the person or organization shown in the schedule above bemuse of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that parson or organization and included in the "products - completed operations hazard"_ This waiver applies only to the person or organization shown th the schedule above. ?> 0=371001 tso properties. 2M Page 1 of t a© 09�28/200b 16:81 7146659801 Auto Additional Insured Form Lincoln General Insurance Company insured: GCI Construction, Ina Policy No. 63100026$6. THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAEFULLY ADDITIONAL INSURED- OWNER, LESSES OR CONTRACTORS This Endorsement Modifies insurance Provided Under The Following: BUSINESS AUTO COVERAGE FORM SCHEDULE NAME OF PERSON OR ORGANIZATION: City Of Newport Beach, its Officers, Agents, Officials Employees and Volunteers Who is an Insured (Section II) Liability Coverage is amended to included as an Additional Insured the persons or organisation showing in the Schedule, but only with respect to liability arising out of a auto accident and oowrring while operations are being Pedormed for them by the'Insured" and occurring while a COVERED AUTO Is being driven by the 'Insured" employees. It Is Further Agreed that such insurance afforded the additional Insured shall apply as Primary insurance and that insurance carried by the City of Newport Beach, its Officers, Agents, Officials, Employees and Volunteers will not contribute with this insurance. a1 88/20!7006 16 :01 7146659801 wORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY INSURER REDWOOD FIRE AND CASUALTY INSURANCE COMPANY CALIFORNIA ADDITIONAL INSURED(S) ENDORSEMENT PAGE @5/06 It is agreed that such insurance as is afforded by this policy also applies to the following as Additional Insured(s), but only with respect to employees hired by and included on the payroll of the Named Insured while perfuming work for the Additional insured(S). Additional insured(s): 1. City of Newport Beach 2. its Officers, Agents, Officials, Employees and Volunteers RE: As Required By Contract THIS ENDORSEMENT DOES NOT WAIVE ANY RIGHT OF SUBROGATION. Ibis endorsemaM dranges Om porky to which Is at x2W and Is eNe=h* on the dam awed Mess off a stated. (TW aftm allon below is mgWmd only when this endomement In'swed subs pnantto prepanatm of lire porky.) Endorsement Eitsca a 03/17/2006 Policy No. W633 -8113 Endorsement No. 5 Insured GCI ConstnlCtion, Mc., eta! (A CORD coraxerslgned by 03/t7J2006 J AuMadved Agent 9.. 88/29/2006 16:01 7146659801 WORKOM COMPENSAVON AND EMPLOYERS L NNUTY INSURANCE POLICY INSURER REDWOOD FIRE AND CASUALTY INSURANCE COMPANY (WE4D:06) CALIFORNIA WAIVER OF OUR RIG14T TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by this policy. We will not enforce our right against the person(s) or organizations(s) named in the Schedule. This agree- ment applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. You must maintain payroll records accurately segregating the remun- eration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 3% of the Cal- ifornia Workers' Compensation premium otherwise due on such remun- eration. Minimum Premium: Schedule: Person or Organization: -- -------- - -- - --- Job Description: 1. City of Newport Beach As Required By Contract 2. Its Officers, Agents, Officials, Employees and Volunteers PAGE 06/06 FORM NUMBER M- 633.8113 Tht endamednerd cwnWs the poky to which Is attached and is WtecM on the date issueattinless cthenwise sated. (The kdoWnation below ft required ordy when this endorsement is issued subsequent to preparation of the policy.) r,. EedorsarneMEYfeoffm03/17106 I�ofiayNo. W001234567 ErMoraemerd No. of irnnsed 6C1 CONSTRICTION, INC Countansigned l:fc�f/r J Wilms t"T Aj