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HomeMy WebLinkAbout13 - On-Call Underground Utility Repair Servicesr CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 13 August 11, 2009 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Cindy Asher, Administrative Manager 949 - 644 -3010 or casher(a)newportbeachca.caov SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENTS WITH W. A. RASIC COMPANY, INC. AND APPROVAL OF AMENDMENT NO. 3 WITH MIKE KILBRIDE, LTD. RECOMMENDATIONS: 1. Approve Amendment No. 2 to Professional Services Agreement (PSA) with W. A. Rasic Company, Inc. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. 2. Approve Amendment No. 3 to Professional Services Agreement (PSA) with Mike Kilbride, LTD. for on -call underground utility repair services and authorize the Mayor and City Clerk to execute the Amendment. DISCUSSION: On November 13, 2007, the City Council approved a PSA with W. A. Rasic Company, Inc. and on September 12, 2006 with Mike Kilbride, LTD. to provide emergency /as needed on -call underground utility repair services. The proposed revisions to each PSA are summarized below: 1) Amendment No. 2 to the PSA with W. A. Rasic Company, Inc. (WARC) incorporates a revised labor rate billing sheet which reflects between a 4% and 6% increase. WARC is a union shop company and every July new rates are negotiated. WARC is one of several contractors that the City has on -call agreements with to provide emergency /as needed underground utility repairs. 2) Amendment No. 3 to the PSA with Mike Kilbride, LTD. (MKL) incorporates a labor rate billing sheet that reflects no increase in rates. MKL is a non -union shop company that does much smaller underground utility repair jobs than WARC and chose to keep rates flat to be more competitive in the current economic climate. MKL recently performed potholing for the Sewer Main Replacement Project at Bayside Drive. Underground Repair Services — Approval of Amendments On -Call Professional Service Agreements August 11, 2009 Page 2 The scope of work for the amended On -call PSAs include the following services: general underground utility installation and repair, installing and repairing sewer laterals and mains; installing and repairing water services including system appurtenances, street repairs, and grading improvements. The proposed On -Call PSAs for both companies would be effective for a one year period through June 30, 2010. Please see the attached Rate Comparison Table. Environmental Review: This action requires no environmental review, as it is not a project pursuant to CEQA. Funding Availability Funding is available in various maintenance and operations water and wastewater accounts. Periodically, a capital improvement account will be utilized, as necessary, to facilitate project expediency. Expenditures exceeding $30,000 for an individual repair project will require a separate City Council action in accordance with Policy F -14. Prepared by: N i Cindy Asher Administrative 'Manager Submitted by: �D-f� ILZ eorge Mu doch Utilities Director Attachments: Amendment No. 2 with W. A. Rasic Company, Inc. Amendment No. 3 with Mike Kilbride, LTD. Rate Comparison Tables AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT WITH W. A. RASIC COMPANY, INC. FOR EMERGENCY UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11"' day of August, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and W. A. RASIC COMPANY, INC. a California Corporation whose address is 7314 Scout Avenue, Bell Gardens, California, 90201 ("CONTRACTOR"), and is made with reference to the following: RECITALS: A. On November 13, 2007, CITY and CONTRACTOR entered into an On -Call Professional Services Agreement, hereinafter referred to as "AGREEMENT ", for Emergency Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into one separate AMENDMENT of the AGREEMENT, dated June 24, 2008. C. CITY desires to enter into this AMENDMENT NO. 2 to extend the term of the AGREEMENT to June 30, 2010. D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 2," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. COMPENSATION 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 shall be based on the attached Schedule of Billing Rates (Exhibit A). 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. SERVICES TO BE PERFORMED Contractor shall perform on -call underground utility repair services in various locations throughout the City pursuant to this Amendment No. 2 and according to the Request to Extend Professional Services Agreement dated June 16, 2009, .attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified. herein, all other provisions, terms, and covenants. set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 2 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: g _ Assistant City s� ATTEST: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation Edward Selich, Mayor CONTRACTOR: W. A. RASIC COMPANY, INC. By: (Corporate Officer) Title: President Print Name: Pete Rasic (Financial Officer) Title: Financial Officer Print Name: Walter A. Rasic, Jr. Attachments: Exhibit A — Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement F A June 16, 2009 City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658- 888915 Attention: Ms. Cindy Asher Reference: Amendment to Professional service agreement Dear Ms. Asher, EXHIBIT "A' W. A. Rasic Construction is requesting to extend the Professional Services Agreement for another year. Rates contained herein shall be in effect for a one (1) year period, commencing on July 1, 2009 and continuing through June 30, 2010. Attached are our updated labor and equipment rates for referenced period. Note that should diesel fuel costs rise above $5.00 per gallon, W. A. Rasic Construction reserves its right to apply a fuel surcharge to the equipment portion of the invoices. Very truly yours, dp-"� David Lee , W. A. Rasic Construction Attachment 7314 Scout Avenue Bell r tl 17 ph #A36 w S a a 562- 928 -7339 fax Newport Beach Cost Plus rates GENERAL ENGINEERING CONTRACTOR EXHIBIT "B" COST PLUS RATES EFFECTIVE JULY 1, 2009 through JUNE 30, 2010 CRAFT STRAIGHT OVER DOUBLE CRAFT STRAIGHT OVER DOUBLE CRAFTSMAWCLASS CODE TIME TIME TIME CRAFTSMAWCLASS CODE TIME TIME TIME CARPENTERS OPERATING ENGINEERS General Foreman CAGE 82.81 115.70 148.60 General Foreman, Appdx A OEGF 90.01- 122.77 155.52 Foreman CAFM 79.60 110.94 142.28 Foreman, Appdx A OEFM 86.80 118.00 149.20 Journeyman CAJM 74.78 103.79 132.80 Group 1, Appdx A - Oiler OEGII 79.42 106.83 134.23 Apprentice - 8th Period (90 %) CAA8 68.78 94.89 121.00 Group 2, Appdx. A- Oiler OEG2 80.68 108.69 136.69 Group 8, Appdx A - Universal OEGS 84.07 113.72 143.36 Group 10, Appdx. A - Mechanic OEGM- 84.26 1.14.00 143.74 Group 8, Appdx B - Crane to 25 Tons OEB8 84.54 114.41 144.28 CEMENT MASONS Group 9, Appdx B - Crane 25.50 Tons OE69 84.81 114.81 144.82 Foreman CMFM 75.52 99.99 124.46 Apprentice, GR 8, Appdx A -6th (90 %) OEA6 77.93 104.62 131.30 Journeyman Commercial CMJC 7229 95.21 118.12 Journeyman Light Commercial CMJL 65.96 87.35 108.74 F &T Machine Operator CMFT 72.70 95.81 118.91 PROJECT MANAGEMENT Apprentice - 6th 6 Mos. (90 %) CMA8 67.53 88.15 108.78 Project Manager PMPM 132.76 182.02 23128 Superintendent PMSP 115.00 . 153.62 192.25 Project Engineer PMPE 85.31 113.24 141.18 Project Administrator PMPA 59.33 74.27 89.22, LABORERS General Foreman LAGF 70.81 95.46 120.10 Foreman LAFM- 6928 93.15 117.01 TEAMSTERS Group 1 - General LAG1 62.21 82.66 103.11 Foreman TDFM 70.85 92.94 115.03 Group 2 - Chute Man LAG2 63.09 83.97 104.84 GR 2 -2 Axle TDG2 67.87 88,52 109.17 Group 3 - Pipeline Backup Man LAG3 63.97 8528 106.58 GR 3 - 3 Axle TDG3 . 68.08 88.83 109.59 Group 4 - Pipe Layer, C&S LAG4 66.47 86.97 111.48 GR 5 - Working Track Driver TDG5 68.43 89,36 110.28 Group 5 - Blaster I Driller LAG5 67.03 89.81 112.59 GR 6 -4 or More Axle TDG6 68.48 89.43 110:38 Apprentice - 6th Period (85 %) LAA6 52.56 71.92 91.28 Subjoumeyman - 4001-6000 Hrs. TDA3 52.76. 66.35 79.95 Apprentice Rates: Apprentice rates as listed above are the highest classification prior to journeyman full scale rates. Billing rate for Apprentice will be based on actual classification. Boundaries of Southern California Cost Plus Rates: consists of the eleven (11) counties of Los Angeles, Inyo, Mono, Orange, Riverside, San Bernardino, Imperial, Venture, Santa Barbara, San Luis Obispo, Kern and in addition: Richardson Rock, Santa Cruz Island, Arch Rock. San Nicholas [stand, 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, and outside rentals (including fuel costs), will Overtime Rates: All hours outside regularly constituted shift shall be Engineers - first four (4) hours outside regular shift, and first twelve (12�, which are at triple time. Subsistence: Superintendent - $75.00 /Day, General Travel Time: Billing time will start once the employees a USA Notification; Client is responsible for Undergre NOTE: Ail wage scales presented herein are su classifications are available upon request. I 7314 Scout Avenue Bell All other upon their A'Rito the companj; 'hty. Aficabon for "emsrgency work, Duce. This 4cument toes not idude all la sifications. 562- 928 -6111 ph� 562- 928 -7339 fax o rS license #A368ii61 \r��V W. A. R ASIC CONSTRUCTION P t •i 4 �• Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 AIR COMPRESSORS HOURLY RATE Air Compressor 185 CFM w/ tools & hoses $ 22.00 ASPHALT PAVING EQUIPMENT HOURLY RATE Asphalt Spreader Box (variable width) $ 6.00 Asphalt Zipper 26" Width $ 60.00 Asphalt Zipper 48" Width $ 70.00 Emulsion Pot Sprayer $ 18.00 Material Placer - Track Type w/ 35` Conveyor - Gomaco RTP -500 $ 250.00 Paving Service Truck w/ Air Compressor $ 35.00 Skid Steer CAT 248B Loader w! Pavement Grinder & Broom Attach. $ 185.00 Trailer for Asphalt Rollers (5 Ton Haul Max.) $ 15.00 Vibratory Asphalt Roller - 3 - 5 Ton $ 30.00 Vibratory Asphalt Roller - 8 Ton $ 45.00 Vibratory Asphalt Roller -10 Ton $ 55.00 Vibratory Plate 24" Daily rate $ 100.00 Walk Behind Roller Bomag 24" Width $ 22.00 Walk Behind Roller Multiquip 36" Width $ 26.00 Case 580 Super M 4X4 Case 590 Super M 4X4 CAT 41.6B &C CAT 420 D 44 CAT 430 44 John Deere 310 D & E John Deere 310 44 Turbo John Deere 310 SE John Deere 410 E Compaction Wheel 12" or 18" Wide Compaction Wheel 24" Wide (for+ Compaction Wheel 36" Wide c, Compaction Wheel 45" Wlde €X ; Vibratory Soil Plate Comoactt r (Revised April 2008) 7314 Scout Avenue Bell $ 46.00 $ 55.00 $ 49.00 $ 53.00 $ 55.00 $ 45,00 $ 52.00 $ 53.00 100 „i, .. _ ,.. R ` $ 12.00 325, CAT `892 excavalotf��i 330, CA 1 0 excavator} ti $ 15.00 CAT 32xcavator) $ F 1 license 562 - 928 -7339 fax } a�k - Page 1 Newport Beach Equipment Rates Rates Effective July, 1, 2009 through June 30, 2010 (COMPACTION EQUIPMENT (continued) DAILY RATE Vibratory Soil Compactor Sheep foot 50" Wide (Ride On) $ 50.00 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $ 44.00 Wacker (Jumping Jack $ 100.00 CAT 320 B (46,300 LBS) $ 100.00 CAT 320 CLU (51,750 LBS) $ 120.00 CAT 325 CL (64,460 LBS) $ 140.00 CAT 330 DL (79,700 LBS) $ 180.00 CAT 245 ME (120,000 LBS) $ 250.00 CAT 365 CL (145,430 LBS) $ 315.00 CAT 385 CL (187,360 LBS) $ 415.00 CAT 385 CL (187,360 LBS) w/ Felco 60 Bedding Conveyor $ 436.00 Case CX225SR (53,223 LBS.) $ 135.00 Hitachi EX 100 Super (23,600 LBS) $ 65.00 Hitachi ZX 800 (166,700 LBS) $ 385.00 Hitachi EX 1200 -5 (238,100 LBS) $ 450.00 John Deere 120C (28,840 LBS) $ 70.00 John Deere 200 LC (46,800 LBS) $ 100.00 John Deere 892 D LC (67,050 LBS) $ 120.00 John Deere EX 450 (102,000 LBS) $ 335.00 Komatsu PC 1000LC (222,130 LBS) $ 380.00 Komatsu PC 1250 LC -8 (249,560 LBS) $ 500.00 Broom / Sweeper -.Self Propelled Forklift 2,600 LB Forklift 15,000 LB & 16,500 LB Forklift Telescoping Type (Gradall) 6000 LB wl 36' Forklift Telescoping Type (Gradall) 9000 L'?1 Golf CartM Mobile Sweeper Johnson 4000 Utilitv Vehicle - Off Road (all wtt ive - Mule (Revised April 2008) $ 35.00 $ 20.00 $ 45.00 41 + N {1 0.,M Page &.pf 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 GENERATORS $ HOURLY RATE Generator 5 KW $ 10.00 Generator 25 KW $ 40.00 Generator 65 & 70 KW $ 55.00 ulic Breaker 1000 LB (for CAT 416 B Backhoe) $ 42.00 ulic Breaker 4000 LB (for CAT 320 Excavator) $ 100.00 ulic Breaker 6000 LB (for CAT 365 Excavator) $ 200.00 ulic Breaker 10000 LB (for CAT 330 / JD 450 Excavator) $ 300.00 ulic Breaker 14000 LB (for Hitachi ZX800 Excavator) $ 400.00 Case 570 MXT Skip Loader 4 x 4 $ 45.00 CAT 236 Skid Steer Loader $ 37.00 CAT 950 H (44,435 LBS) $ 105.00 CAT 972 H (56,180 LBS) $ 150.00 CAT 980 H (68,489 LBS) $ 190.00 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $ 45.00 John Deere 444 E (21,457 LBS) $ 55.00 John Deere 544 E (30,459 LBS) $ 75.00 John Deere 624 E (29,035 LBS) $ 90.00 John Deere 644 E (38,800 LBS) $ 100.00 Kawasaki Z80 (36,000 LBS) $ 90.00 Kawasaki ZV90 (51,320 LBS) $ 120.00 rete Saw - Walk Behind Blower Trailer Mounted (12,000 CFN) Tower (4 Lama) Accu -Punch Bore Mole (2" Accu -Punch Bore Mole (3" Accu -Punch Bore Mole (4" Accu -Punch Bore Mole (51 Air r;mmnrassnr- 11HP Tf $ 55.00 $ 200.00 $ 250.00 1 (Revised April 2008) s '; _ k' Page ,,,,of 7 Newport Beach Equipment Rates Rates Effective July 1 2009 through June 30, 2010 MISCELLANEOUS EQUIPMENT (CHARGED DAILY) continued DAILY RATE Cable Puller (Electric) $ 50.00 Chipping gun / Rivet Buster w/ attachments $ 70.00 Concrete Mixer $ 90.00 Concrete Vibrator $ 100.00 Cut -off Saw / Chain Saw / Skill Saw $ 60.00 Duct Rodder - 1000' $ 100.00 Allegro Air Supply Unit .$ 250.00 Fan 30" Pedestal Type $ 60.00 Fuel Tank 1000 Gallon - Double Containment $ 52.00 Fusion Machine For HDPE - 4" Diameter max $ 180.00 Gas / Oxygen Monitor $ 100.00 Geo Phone $ 175.00 Holiday T -Lock Tester $ 50.00 Hydrostatic Test Pump - 5 HP $ 80.00 Hydrostatic Test Pump - 8 HP $ 125.00 HyTorc - Hydraulic Machine $ 300.00 Impact Wrench 1" Drive (Air Driven) $ 30.00 Jackhammer 70 LB Electric $ 75.00 Laser - Pipe & Slope Type $ 75.00 Light Stand (Single Lamp) $ 15.00 Manhole Blower $ 40.00 Pipe Threader - up to 2" $ 68.00 Pipe Tongs (Up to 24 ") $ 15.00 Pole Support Holder $ 30.00 Pressure Washer $ 50.00 Steam X Pressure Washer Trailer Mounted (3500 PSI) $ 208.00 Rotary Hammer/ Drill $ 70.00 Sand Blaster $ 175.00 Survey Unit - Promark 3 GPS Type (with receiving units) - for P% Ei, Tamp / Powder Puff - Air Driven {; ; Tapping Machine (Up To 2" - water syste�'� �l� L , s T.D. Williamson Tapping Machine Tripod w/ Harness rte} 85.00 Velometer (Air Flow Measu Icel:'. 7 °' $ _ 100.00 n (Revised April 2008) 7 Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 OFFICE TRAILERS & STROAGE CONTAINERS DAILY RATE Office Trailer 8'x 16', 8'x 28' or 8" x 32' $ 40.00 Office Trailer 12'x 56', 12'x 52' or 12'x 60' $ 70.00 Storage Container 8'x 10' or 8' x 20' $ 10.00 SCREENS HOURLY RATE Extec S -5 $ 125.00 Read RD 40 $ 73.00 PORTABLE CONCRETE BATCH PLANT CUBIC YARD Port -A -Pour 120cy $ 25.00 (Hydraulic Shoring Jack w/ 3' rails (28" to 46 ") (Hydraulic Shoring Jack wl 5' rails (28" to 46 ") (Hydraulic Shoring Jack w/ 7' rails (28" to 46 ") Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Hydraulic Z Shoring w/ 5' rails (52" to 88" Single Ram) Hydraulic Z Shoring wl 5' rails (52" to 88" Double Ram) Hydraulic. Shoring Pump Plywood 4'x 8' Sheet 1 1/8" Thick Timbers 4" x 12"x 10' or 3" x 12" x 10' Wide f=lange Steel Beams (Various sizes) _ I Daily rate $ 27.00 Daily rate $ 28.00 Daily rate $ 29.00 Daily rate $ 36.00 Daily rate $ 75.00 Daily rate $ 100.00 Daily rate $ 15.00 Daily rate $ 8.00 Daily rate $ 8.00 Arrow board $ 15.00 Barricade / Delineator / Traffic Cone Daily rate $ 1.00 Barricade w/ Flasher Daily rate $ 2.00 Chain Link Fence Panel 6'x10' D>(y rite_. err 6 00 Crash Barrels (various sizes) K -Rail 20' length ��, Message Board `� �_�' n -^ Traffic 5'x 8' plate & 6' x 10" late 8x 10 Traffic ' ' p rate $ 8.00 Traffic plate 8'x 15'& 8 x Rumble / Rock / Tire Clea I-WatedR X10' �< _ D rate Dad rate $ 15.00 $ , (Revised April 2008) F Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 TRENCHERS HOURLY RATE Vermeer DT 655 Offset (24" wide, 72" depth) $ 325.00 Vermeer T 850 Offset (42" wide 144" depth) $ 350.00 Dig -Up Trailer - 12' Long Enclosed Dump Truck Bobtail / Flat Bed Dump Truck Bobtail Paving Dump Truck End Dump Dump Truck Ten Wheel Dump Truck Super 10 Equipment Trailer - Asphalt Roller Type Equipment Trailer - Tool Hauler 4,200 lb cap Equipment Trailer - Tool Hauler 7,000 lb cap Equipment Trailer - 20,000 lb cap through 40, 000 lb cap Equipment Trailer Cozad Heavy Haul Emergency Response Trailer - 18' Long Enclosed Fuel & Lube Truck Fuel Trailer - 500 Gallon Low Bed Haul Truck & Trailer Mechanics Truck w/ Lift Crane & Welder Off Road Articulated Dump Truck 40 Ton 6 x 6 Pick -up Truck / SUV / Van Ramp Truck (Backhoe Hauler) Service Truck Service Truck w/ Welder.(500AMP) / Compressor (60 CFM) Stakebed Truck Trailer - Platform Type 48' Long Utility Truck / Concrete Form Truck Water Trailer - 500 Gallon axf' y Water Truck 1500 Gallon Water Truck 2000 Gallon Water Truck 2500 Gallon x;M Water Truck 4000 Gallon (Revised April 2008) $ 20.00 $ 38.00 $ 42.00 $ 55.00 $ 43.00 $ 47.00 $ 10.00 $ 7.00 $ 10.00 $ 15.00 $ 31.00 $ 75.00 $ 60.00 $ 8.00 $ 90.00 $ 60.00 $ 185.00 $ 20.00 $ 32.00 $ 27.00 $ 32.00 $ 20.00 $ 31.00 25.00 ? 1ni ",can F. Page of 7 t � .Newport Beach Equipment Rates Rates Effective July 1, 2009 through June 30, 2010 pump 2" w/ Suction Hose & 100 LF of Discharge Hose $ 60.00 pump 3" w/ Suction Hose & 100 LF of Discharge Hose $ 85.00 pump 4" w/ Suction Hose & 100 LF of Discharge Hose $ 135.00 pump 6" w/ Suction Hose & 100 LF of Discharge Hose $ 222.00 id Saw - Portable 4" x 4" max cut id Saw 6" x 12" max cut 3ma Cutter Machine 300 AMP I Package - Group '1 (stainless steel fabrication) Id / Fabrication Portable Shop - Container [der 200 AMP (Revised April 2008) $ 10.00 $ 15.00 $ 20.00 $ 17.00 Daily rate $ 185.00 Daily rate $ 20.00 $ 17.00 Z h N0.. 9� r7 Paged of 7 tfi T }: bs' Y Z h N0.. Paged of 7 T }: AMENDMENT NO.3 TO PROFESSIONAL SERVICES AGREEMENT WITH MIKE KILBRIDE, LTD. FOR ON -CALL UNDERGROUND UTILITY REPAIR SERVICES THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT, is entered into as of this 11th day of August, 2009, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "CITY"), and MIKE KILBRIDE, LTD. a California Corporation whose address is P.O. Box 3341, Newport Beach, California, .92659 -8341 ( "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On September 12, 2006, CITY and CONTRACTOR entered into an On -Call Professional Services. Agreement, hereinafter referred to as "AGREEMENT ", for Underground Utility Repair Services. B. CITY and CONTRACTOR have entered into two separate AMENDMENTS of the AGREEMENT, the latest dated July 8, 2008. C. CITY desires to enter into this AMENDMENT NO. 3 to extend the term of the AGREEMENT to June 30. 2010. D. CITY and CONTRACTOR mutually desire to amend AGREEMENT, hereinafter referred to as "AMENDMENT NO. 3," as provided here below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1.. TERM The term of the AGREEMENT shall be extended to June 30, 2010. 2. COMPENSATION 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 shall be based on the attached Schedule of Billing Rates (Exhibit A). 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. 3. . SERVICES TO BE PERFORMED Contractor shall perform various underground utility repair services pursuant to this Amendment No. 3 and according to the Request to Extend On -Call Professional Services Agreement dated June 4, 2009, attached hereto as (Exhibit B). 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in AGREEMENT shall remain unchanged and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NO. 3 on the date first above written. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: By: nee mp, Assistant City orney ATTEST: By: Leilani Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Edward Selich, Mayor CONTRACTOR: 2 (Corporate Officer) Title: President Print Name: Mike Kilbride By: (Financial Officer) Title: President Print Name: Mike Kilbride Attachments: Exhibit A.— Schedule of Billing Rates Exhibit B — Request to Extend On -Call Professional Services Agreement hiL_pIC1LG M= KQXRME, LTD. Genwal Building 6t Engineering Contractors License 738.400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0106 • Fax (949) 548 -1616 rMr_ tll EXHIB IT °A° June 4, 2009 r City ofNewport Beach �Ba Utilities Dept. Attn: Cindy Asher 1: 3300 Newport Blvd. Newport Be" CA 92658 -8915 Re: Amendment to Professional Services Agreement Dear Ms. Asher. Mike Kilbride, LTD is requesting to extend the Professional Services Agreement for another year to commence on. June 30, 2010: Please note the rates have not been changed this year. Your truly, Mike Kilbride 5'a .t. MIKE K UXR) DE, LTD. General Building & Engineering Contractors License 738400 P.O. Box 3341 Newport Beach, CA 92659 -8341 (949) 548 -0706 • Fax (949) 548 -1616 HOURLY R &TE LIST Baekhoe with bucket Bac1<hoe with hoepack Backhoe with hyd. breaker a1YRA1 Backhoe with compaction wheel Bobcat loader Bobcat breaker Nvefitters Foreman & tool truck Pipefitter Laborer Updated 6!4/09 EXHIBIT 1111 Hourly rate Minimum Charge 150.00 4 hours 150.00 4 hours 170.00 4 hours 150.00 4 hour 135.00 4 hour 135.00 4 hour 105.00 4 hours 65.00 4 hours 65.00 4 hours W. A. RASIC CONSTRUCTION COMPANY, INC. Position - Carpenters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $79.40 $82.81 $3.41 Foreman $76.18 $79.60 $3.42 Journeyman $71.35 $74.78 $3.43 Apprentice - 8'h Period (90 %) $65.64 $68.78 $3.14 Position - Cement masons 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $72.05 $75.52 $3.47 Journeyman Commercial $68.82 $72.29 $3.47 Journeyman Light Commercial $62.48 $65.96 $3.48 F &T Machine Operator $69.23 $72.70 $3.47 Apprentice - 8'h 6 Mos. (90 %) $64.30 $67.53 $3.23 Position - Laborers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Foreman $6733 $70.81 $3.48 Foreman $65.73 $69.28 $3.55 Group 1- General $58.65 $62.21 $3.56 Group 2 -Chute Man $59.54 $63.09 $3.55 Group 3- Pipeline Backup Man $60.42 $63.97 $3.55 Group 4 -Pipe Layer, C &S $62.91 $66.47 $3.56 Group 5 - Blaster / Driller $63.47 $67.03 $3.56 Apprentice - 6'h Period (85 %) $49.90 $52.56 $2.66 Position - Operating Engineers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase General Forman, Appdx. A $86.59 $90.01 $3.42 Forman, Appdx. A $83.37 $86.80 $3.43 Group 1- Appdx. A -Oiler $77 $79.42 $2.42 Group 2 - Appdx. A - Oiler $77.26 $80.68 $3.42 Group 8- Appdx. A- Universal $80.65 $84.07 $3.42 Group 10- Appdx. A- Mechanic $80.85 $84.26 $3.41 Group 8, Appdx. B -Crane to 25 tons $81.12 $84.54 $3.42 Group 9, Appdx. B - Crane 25 -50 tons $81.39 $84.81 $3.42 Apprentice, GR 8, Appdx A - 6 T" (90 %) $74.78 $77.93 $3.15 Position — Project Management 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Project Manager $121.06 $132.76 $11.70 Superintendent $100.55 $115 $14.45 Project Engineer $79.96 $85.81 $5.85 Project Administrator N/A $59.33 N/A Position — Teamsters 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman $68.24 $70.85 $2.61 GR 2 — 2 Axle $65.25 $67.87 $2.62 GR 3 -3 Axle $65.51 $68.08 $2.57 GR 5— Working Truck Driver $65.81 $68.43 $2.62 GR 6 — 4 or More Axle $65.86 $68.48 $2.62 Sub journeyman — 4001-6000 Hrs. $52.04 $52.76 $32 Equipment —Air Compressors 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Air Compressor 185 CFM s /tools & hoses $20 $22 $2 Equipment — Asphalt Paving 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Asphalt Spreader Box (variable width) $6 $6 $0 Asphalt Zipper 25" Width $60 $60 $0 Asphalt Zipper 48" Width $70 $70 $0 Emulsion Pot Sprayer $18 $18 $0 Material Placer — Track Type w /35' Conveyor — GomacoRTP -500 $250 $250 $0 Paving Service Truck w/ Air Compressor $27 $35 $8 Skid Steer CAT 248B Loader w/ Pavement Grinder & Broom Attach. $175 $185 $10 Trailer for Asphalt Rollers (5 Ton Haul Max.) $15 $15 $0 Vibratory Asphalt Roller -3 -5 Ton $25 $30 $5 Vibratory Asphalt Roller —8Ton $40 $45 $5 Vibratory Asphalt Roller -10 Ton $50 $55 $5 Vibratory Plate 24" Daily rate $100 $100 $0 Walk Behind Roller Bomag 24" Width $20 $22 $2 Walk Behind Roller Multiquip 36" Width $24 $26 $2 Equipment — Backhoes 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Case 580 Super M 44 $40 $46 $6 Case 590 Super M 44 $44 $55 $10 CAT 416 B & C $38 $49 $11 CAT 420 D 44 $40 $53 $13 CAT 430 44 $41 $55 $14 John Deere 310 D & E $38 $45 $7 John Deere 310 4x4 Turbo $40 $52 $12 John Deere 310 SE $40 $53 $13 John Deere 410 E $42 $56 $14 Equipment — Compaction Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Compaction Wheel 12" or 18" Wide (for JD 310 or CAT 416 backhoe) $6 $6 $0 Compaction Wheel 24" Wide (for Hitachi EX 100 excavator) $9 $9 $0 Compaction Wheel 36" Wide (far 10200, CAT 320, CAT 325, CAT 330 or JD 892 excavator) $12 $12 $0 Compaction Wheel 45" Wide (for CAT 325, CAT 330, CAT 320 excavator) N/A $15 N/A Vibratory Soil Plate Compactor 18" Wide (for CAT 320 Excavator) $16 $16 $0 Vibratory Soil Compactor Sheep Foot 33" Wide (Walk Behind) $36 $38 $2 Vibratory Soil Compactor Sheep Foot 50" Wide (Ride On) $48 $50 $2 Vibratory Soil Compactor w/ Single Sheep Foot 40" Wide (Ride On) $42 $44 $2 Wacker (Jumping Jack) $100 $100 1 $0 Equipment— Excavators 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase CAT 320 B (46,300 LBS) $95 $100 $5 CAT 320 CLU (51,750 LBS) $120 $120 $0 CAT 325 CL (64,460 LBS) $140 $140 $0 CAT 330 DL (79,700 LBS) $180 $180 $0 CAT 245 ME (120,000 LBS) $215 $250 $45 CAT 365 CL (145,430) $315 $315 $0 CAT 385 CL (187,360 LBS) $390 $415 $25 CAT 385 CL (187,360 LBS) w/ Felco 60 Bedding Conveyor N/A $436 N/A Case CX225SR (52,223 lbs) N/A $135 N/A Hitachi EX 100 Super (23,600 LBS) $55 $65 $10 Hitachi ZX 800 (166,700 LBS) $360 $385 $25 Hitachi EX 1200 -5 (238,100 LBS) N/A $450 N/A John Deere 120C (28,840 LBS) N/A $70 N/A Equipment — Excavators - continued 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase John Deere 200 LC (46,800 LBS) $95 $100 $5 John Deere 892 D LC (67,050 LBS) $117 $120 $3 John Deere EX 450 (102,000 LBS) $242 $335 $93 Komatsu PC 1000LC (222,130 LBS) $3 60 $380 $20 __f Komatsu PC 1250 LC -8 (249,560 LBS) $500 $500 $0 Equipment — Forklifts, Sweepers & Carts 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Broom / Sweeper — Self Propelled $30 $35 $5 Forklift 2,600 LB $15 $20 $5 Forklift 15,000 LB & 16,500 LB $40 $45 $5 Forklift Telescoping Type (Gradall) 6000 LB w/ 36' Reach $45 $50 $5 Forklift Telescoping Type (Gradall) 9000 LB w/ 40' Reach $50 $55 $5 Golf Cart $7 $7 $0 Mobile Sweeper Johnson 4000 (27,000 LBS) $65 $70 $5 Utility Vehicle — Off Road (all wheel drive — Mule or Gator Type) $7 $8 $1 Equipment — Generators 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Generator 5 KW $10 $10 $0 Generator 25 KW $35 $40 $5 Generator 65 & 70 KW $50 $55 $5 Equipment— Hydraulic Breakers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Hydraulic Breaker 1000 LB (for CAT 416 B Backhoe) $42 $42 $0 Hydraulic Breaker 4000 LB (for CAT 320 Excavator) $100 $100 $0 Hydraulic Breaker 6000 LB (for CAT 365 Excavator) $200 $200 $0 Hydraulic Breaker 10,000 LB (for CAT 330 / JD 450 Excavator N/A $300 N/A Hydraulic Breaker 14,000 LB (for Hitachi ZX800 Excavator) $400 $400 $0 Equipment — Loaders 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Case 570 MXT Skip Loader 4 x 4 $38 $45 $7 CAT 236 Skid Steer Loader $30 $37 $7 CAT 950 H (44, 435 LBS) $92 $105 $13 CAT 972 H (56,180 LBS) $141 $150 $9 CAT 980 H (68,489 LBS) $190 $190 $0 John Deere 210 E Skip Loader w/ 4 in 1 Bucket $38 $45 $7 John Deere 444 E (21,457 LBS) $55 $55 $0 John Deere 544 E (30,459 LBS) $72 $75 $3 John Deere 624 E (29,035 LBS) $68 $90 $22 John Deere 644 E (38,800 LBS) $76 $100 $24 Kawasaki Z80 (36,000 LBS) $87 $90 $3 Kawasaki ZV90 (51,320 LBS) $118 $120 $2 Equipment — Miscellaneous Equipment (Charged Hourly) 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Concrete Saw— Walk Behind $55 $55 $0 Vent Blower Trailer Mounted (12,000 CFN) N /AS $42 N/A Light Tower (4 Lamp) $25 $25 $0 Equipment — Miscellaneous Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Accu -Punch Bore Mote (2" diameter) $150 $150 $0 Accu -Punch Bore Mole (3" diameter) N/A $200 N/A Accu -Punch Bore Mole (4" diameter) N/A $250 N/A Accu -Punch Bore Mole (5 % "diameter) $400 $400 $0 Air Compressor -13HP Truck Mounted $150 $150 $0 Cable Puller (Electric) $50 $50 $0 Chipping gun / Rivet Buster w/ attachments $70 $70 $0 Concrete Mixer $90 $90 $0 Concrete Vibrator $100 $100 $0 Cut -off Saw / Chain Saw / Skill Saw $60 $60 $0 Duct Rodder -1000' $100 $100 $0 Allegro Air Supply Unit N/A $250 N/A Fan 30" Pedestal Type $60 $60 $0 Fuel Tank 1000 Gallon — Double Containment $52 $52 $0 Fusion Machine For HDPE -4" Diameter max $180 $180 $0 Equipment — Miscellaneous Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Gas / Oxygen Monitor $100 $100 $0 Geo Phone $175 $175 $0 Holiday T -Lock Tester $50 $50 $0 Hydrostatic Test Pump -5 HP $80 $80 $0 Hydrostatic Test Pump -8 HP $125 $125 $0 HyTorc— Hydraulic Machine $300 $300 $0 Impact Wrench 1" Drive (Air Driven) $30 $30 $0 Jackhammer 70 LB Electric $75 $75 $0 Laser — Pipe & Slope Type $75 $75 $0 Light Stand (Single Lamp) $15 $15 $0 Manhole Blower $40 $40 $0 Pipe Threader — up to 2" $68 $68 $0 Pipe Tongs (Up to 24 ") $15 $15 $0 Pole Support Holder N/A $30 N/A Pressure Washer $50 $50 $0 Steam X Pressure Washer Trailer Mounted (3500 PSI) N/A $208 N/A Rotary Hammer/ Drill $70 $70 $0 Sand Blaster $175 $175 $0 Survey Unit — Promark 3 GPS Type (with receiving units) — for Pig Runs $400 $400 $0 Tamp / Powder Puff —Air Driven $25 $25 $0 Tapping Machine (Up to 2" — water systems only) Per inch rate $40 $40 $0 T.D/ Williamson Tapping Machine (Up to 2 "— Petroleum Per inch rate $80 $80 $0 Tripod w/ Harness $85 $85 $0 Velometer (Air Flow Measuring Device) $100 $100 $0 Equipment —Motor Graders 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase 1D 770CH 11 1 $88 $95 $7 Office Trailers & Storage Containers 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Office Trailer 8'x16', 8'x28' or 8'x32' $40 $40 $0 Office Trailer 12'x56', 12'x52' or 12'x60' $70 $70 $0 Storage Container 8'x10' or 8'x20' $10 $10 $0 Screens 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Extec 5 -5 $125 $125 $0 Read RD 40 $73 $73 $0 Portable Concrete Batch Plant 2008 Cubic Yard Rate 2009 Cubic Yard Rate Cubic Yard Rate Increase Port- A- Pour 120cy N/A $25 1 N/A Shoring Equipment (Charged Daily) 2008 Daily Rates 2009 Daily Rates Daily Rate Increase Hydraulic Shoring Jack w/ 3' rails (28" to 46 ') Daily Rate $27 $27 $0 Hydraulic Shoring Jack w/ 5' rails (28" to 46 ') Daily Rate $28 $28 $0 Hydraulic Shoring Jack w/ 7' rails (28" to 46 ') Daily Rate $29 $29 $0 Hydraulic Shoring Jack w/ 5' rails (52" to 88 ") Daily Rate $36 $36 $0 Hydraulic Shoring Jack w/ 5' rails (52" to 88" Single Ram) Daily Rate $75 $75 $0 Hydraulic Z Shoring w/ 5' rails (52" to 88" Double Ram) Daily Rate $100 $100 $0 Hydraulic Shoring Pump Daily Rate N/A $15 N/A Plywood 4' x 8' Sheet 11/8" Thick Daily Rate $8 $8 $0 Timbers 4" x 12" x 10' or 3" x 12" x10' Daily Rate $8 $8 $0 Wide Flange Steel Beams (Various sizes) Monthly rate/Ton $250 $250 $0 Traffic Control Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Arrow board $15 $15 $0 Barricade / Delineator/ Traffic Cone $1 $1 $0 Barricade w/ Flasher $2 $2 $0 Chain Link Fence Panel 6'x10' $6 $6 $0 Crash Barrels (various sizes $4 $4 $0 K -Rail 20' length $7 $7 $0 Message Board $25 $25 $0 Traffic plate 5'x8' & 6'x10' $7 $7 $0 Traffic plate 8'x10' $8 $8 $0 Traffic plate 8'x15' & 8'x20' $15 $15 $0 Rumble / Rock / Tire Cleaning Plates 8'x10' $10 $10 $0 Traffic signs $5 $5 $0 Hourly Rate Trenchers 2008 Hourly Rates 2009 Hourly Rates Increase Vermeer DT 655 Offset (24" wide, 72" depth) $325 $325 $0 Vermeer T 850 Offset (42" wide, 144 depth) $350 $350 $0 Trucks & Trailers 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Dig -Up Trailer -12' Long Enclosed $20 $20 $0 Dump Truck Bobtail / Flat Bed $32 $38 $6 Dump Truck Bobtail Paving $36 $42 $6 Dump Truck End Dump $50 $55 $5 Dump Truck Ten,Wheel $38 $43 $5 Dump Truck Super 10 $42 $47 $5 Equipment Trailer — Asphalt Roller Type $10 $10 $0 Equipment Trailer — Tool Hauler 4,200 lb cap $7 $7 $0 Equipment Trailer — Tool Hauler 7,000 lb cap $10 $10 $0 Equipment Trailer - 20,000 lb cap - 40,000 lb cap $15 $15 $0 Equipment Trailer Cozad Heavy Haul N/A $31 N/A Emergency Response Trailer— 18' Long Enclosed $75 $75 $0 Fuel & Lube Truck $70 $60 -$10 Fuel Trailer — S00 Galion $8 $8 $0 Low Bed Haul Truck & Trailer $77 $90 $13 Mechanics Truck w/ Lift Crane & Welder $57 $60 $3 Off Road Articulated Dump Truck 40 Ton 6x6 $170 $185 $15 Pick -up Truck / SUV / Van $18 $20 $2 Ramp Truck (Backhoe Hauler) $28 $32 $4 Service Truck $27 $27 $0 Service Truck W/ Welder (500AMP) /Compressor (60CFM) N/A $32 N/A Stake bed Truck $20 $20 $0 Trailer — Platform Type 48' Long $31 $31 $0 Utility Truck / Concrete Form Truck $20 $25 $5 Water Trailer -500 Gallon $8 $10 $2 Water Truck —1500 Gallon $30 $32 $2 Water Truck —2000 Gallon $33 $35 $2 Water Truck —2500 Gallon $35 $37 $2 Water Truck —4000 Gallon $82 $80 -$2 Water Pumps 2008 Daily Rates Daily Rate Increase Water pump 2" w/ Suction Hose & 100 LF of Discharge Hose $55 EDally $5 Water pump 3" w/ Suction Hose & 100 LF of Discharge Hose $80 $5 Water pump 4" w/ Suction Hose & 100 LF of Discharge Hose $130 $5 Water pump 6" w/ Suction Hose & 100 LF of Discharge Hose $175 $222 $47 Welding Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Band Saw— Portable 4 "x4" max cut $10 $10 $0 Band Saw 6 "M" max cut $15 $15 $0 Plasma Cutter $20 $20 $0 Jig Machine 300 AMP $15 $17 $2 Tool Package —Group 1 (stainless steel fabrication) Daily Rate $185 $185 $0 Weld / fabrication Portable Shop — Container Daily Rate $20 $20 $0 Welder 200 AMP $15 $17 $2 Expended 7/2008 — 6/2009 Nothing expended. MIKE KILBRIDE, LTD. Position 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase Foreman & Tool Truck $105 $105 $0 Pipefitter $65 $65 $0 Laborer $65 $65 $0 Operated Equipment 2008 Hourly Rates 2009 Hourly Rates Hourly Rate Increase /Decrease Backhoe w/ Bucket $150 $150 $0 Backhoe w/ Hoepack $150 $150 $0 Backhoe w/ Hyd. Breaker (HYRAM) $170 $170 $0 Backhoe w/ Compaction Wheel $150 $150 $0 Bobcat Loader $150 $135 -$15 Bobcat Breaker $170 $135 -$35 Amount Expended 7/2008- 6/2009 Nothing expended for Utilities Department.