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HomeMy WebLinkAboutC-3984 - SA for Epoxy Coating Oil Field Storage Tank Tops, Manholes and Safety Plates• • c- 3qyq SERVICE AGREEMENT BETWEEN THE CITY OF NEWPORT BEACH AND SUPERIOR GUNITE FOR EPDXY COATING OIL FIELD STORAGE TANK TOPS, MANHOLES AND SAFETY PLATES THIS AGREEMENT is made and entered into as of this 11th day of September, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City"), and SUPERIOR GUNITE, a California Corporation whose local address is 12306 Van Nuys Boulevard, Lakeview Terrace, California, 91342 ( "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 is planning to sand inject pressure wash surface, patch and repair with epoxy coating four Oil Field tank tops; sandblast and epoxy coat 23 non -skid safety plates, and 80 VF of manholes in various locations throughout the City. C. City desires to engage Contractor to prepare surfaces and epoxy coat various City infrastructure with epoxy coat systems developed by Warren Epoxy Systems to repair /protect against corrosion. 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 Mark Burris, Project Manager. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the experience of Contractor, and desires to retain Contractor to render the services described herein under the terms and conditions set forth in this Agreement. G. 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: SERVICES TO BE PERFORMED Contractor shall perform the Project and all the services for the Project in the manner described in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in performing the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. 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. 2.1 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 Contractors control. 2.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 3. COMPENSATION TO CONTRACTOR As full compensation for the performance and completion of the Project as required, City shall pay to Contractor and Contractor accepts as full payment the sum of Eight -one Thousand, Fifty Dollars ($81,050). Contractor shall not receive any additional compensation unless approved in advance by the City in 2 E 0 writing. All amounts due and owing under this Agreement shall be paid no later than thirty (30) days after completion of each Task and an invoice for the Task work has been approved by City staff. 4. TYPE OF MATERIALS /STANDARD OF CARE 4.1 Contractor shall use only the standard supplies and materials described in Exhibit A in performing Contract Services. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator. 4.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 4.3 At its sole cost, the Contractor shall provide all necessary machines, equipment, tools and labor, etc., as may be necessary to perform the work outlined herein and in the attached Scope of Services. Equipment used by the Contractor must be of commercial quality and in good and safe working condition at all times. 4.4 Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 5. SECURITY/ TOOLS AND EQUIPMENT The City shall not be responsible for losses of Contractors supplies, tools, or equipment. As such, Contractor acknowledges its responsibility for providing proper identification and security for such items at its own expense. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt 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. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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 r 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 W • 0 the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. 7.2 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. 7.3 Contractor shall indemnify, hold harmless, and defend City, it officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing this Project; including, without limitation, defects in workmanship or materials in performing this Project; including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. 7.4 Contractor shall perform all Project 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 Project work. 7.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 7.6 Nothing in this section shall be construed as authorizing any award of attorney's fees in any action to enforce the terms of this Contract, except to the extent provided in Section 8.3 above. 7.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. 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 2 • 0 Agreement. Nothing in this Agreement shall be deemed to constitute approval for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance 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. 9. 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. 10. 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. D. Coverage Reguirements. 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 5 IS 0 Insurance and Employer's 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) calendar days (10 calendar days written notice of non- payment of premium) 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. ii. General Liability 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. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant 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. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. 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. 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. 11 • • 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) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. 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. 11. 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 prior written authorization of City. 12. 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. 13. CONFLICTS OF INTEREST 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. 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 7 0 0 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. 14. 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: Attn: Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Consultant at: Attention: Mark Burris Superior Gunite 12306 Van Nuys Boulevard Lakeview Terrace, CA 91342 Phone: (818) 896 -9199 (323) 877 -4861 Fax: (818) 896 -6699 15. 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 deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, 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. 0 0 16. STANDARD TERMS 16.1 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. 16.2 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. 16.3 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. 16.4 In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 16.5 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. 16.6 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. 16.7 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. 7 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: Aaron karp Asst. City Attorney for the City of Newport Beach ATTEST: By.2 L6W*4- 49, LaVonne Harkless, City Clerk Attachments CITY OF NEWPORT BEACH, A Mu ' ipal Cor oration Steven Rosansky, Mayor for the City of New,porch Officer) xJlc��� Title: Print Name:�� j�J�/`iGl1 L i� Exhibit A — Scope of Services 10 ,AUG -14 -2007 15:57 SLIPERIGR GUNITE . P.02 SUPERIOR G UNITE w ITE CONSTRUCTION • ENGINEERING CONSTRUCTION 12306 VAN NUYS 13OUL.EVARD LAKEVIEW TERRACE, OALIFORNIA 91342 (818) 896 -9199 • (323) 877 -4861 FAX: (818) 896 -6699 July 9, 2007 City of Newport Beach 949 West 16 St. Ph. 949- 718 -3415 Newport Beach, CA 92658 Fax: 949-$465204 Attention: Mr. Ed Burt Operations Manager PROPOSAL: Surface preparation + epoxy coating per the following: TOOX 1.0 Non Skid Safety Plates, 5'x 10' EA 23 EA @ $850.00 $19,550.00 rqgk 2.0 Oil Field Tank Tops Only a. Test Tank 8 It Diam 1 EA @ $3,400.00 - $3,400.00 b. Wash Tank 16 ft Daim 1 EA @ $5,300.00 = $5,300.00 C. Tank #78/ #79 Diam 2 EA @ $9,800.00 $19,600.00 u6k 3.0 48" Diam Manholes (Brick / Concrete) 80 VF @ $415.00 / VF = $33,200.00 (Minimum charge @ $3,000.00 / EA) (Price based upon Class #2 Condition) INCLUDES: 1.0 Sandblast, Warren Environmental System S301 Epoxy Coating @ 100 mll avg. thickness, Kleen Blast Black Abrasive Non Skid Surface Coating. 2.0 Sandblast, Warren Environmental System S301 Epoxy Coating @ 100 mil avg. thickness, 10 Sand Injected Pressure Wash surface, Patch + repair with Mastic, Warren Environmental System F301 Flexible Epoxy Coating @ 125 mil avg. thickness 4.0 5,000 psi Pressure wash Manholes, stop minor only active Infiltration, Class #2 condition, rebuild benches if required. Line with Warren S301 Epoxy, (Minimum charge @ $3000.00 / Ea) All work also includes a. Full insurance b. 5 Year Warranty C. Regular work hours only d. Confined space trained personnel + equipment '� G NITE'S'� CONTRACTORS LICENSE 9570034 www.Stiotcrete.com FgM -14 72007 1557 WERIOR GUNITE 0 P.03 EXCLUDES: a. Bonding extra @ 1.5 % b. SWPPPS program C. Hazardous materials / lead based paint removal extra d. Sewer Bypass, Pumping and / or vacuum trucks e. Major Infiltration on T &M basis only f. Traffic control and / or Detours if required. We trust that this is suitable and look forward to being of service to you on this and any of your future projects. Please contact 4q"ueis in our office or 818.812 -2015 on Cell should any questions arise. V.P. Mark Bums Supt. TOTRL P.03 Ms 7 • CITY OF NEWPORT BEACH SE CITY COUNCIL STAFF REPORT Agenda Item No. 13 September 11, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Utilities Department Steve Myrter, Utilities Director 949 - 644 -3011 or smyrter _citV.newport- beach.ca.us SUBJECT: APPROVAL OF PROFESSIONAL SERVICE AGREEMENT WITH SUPERIOR GUNITE FOR EPDXY COATING SAFETY PLATES, OIL FIELD TANK TOPS AND WASTEWATER MANHOLES RECOMMENDATION: • Approve a Professional Services Agreement with Superior Gunite for the surface preparation and epoxy coating of safety plates, oil field storage tank tops and 80 vertical feet of wastewater manholes for a not to exceed price of $81,050.00. Authorize the Mayor and the City Clerk to execute the Agreement. DISCUSSION: Background: The Utilities Department has a need to have specialized epoxy coating services performed as part of our routine annual maintenance program within the Department. The major scope items contained in this contract includes: 1. Epoxy coat 23 steel traffic safety plates with a non -skid surface in accordance with Caltrans' standards that require that these plates be coated with a non -skid surface to prevent vehicles from slipping on the plates. 2. Reapply epoxy coating to the oil field tank tops for the test tank, wash tank and the two oil production tanks to ensure against corrosion from the salt air. 3. Apply epoxy coating to the internal surface our wastewater manhole in order to better protect the bare concrete surface from corrosion resulting from sulfide gas generation within the wastewater. Staff received proposals from three firms performing this type of work. After reviewing • the experience, qualifications, and process to perform this type of work, Staff selected Superior Gunite. 0 0 Professional Services Agreement with Superior Gunite For Epoxy Coating Oil Field Storage Tank September 11, 2007 Page 2 Environmental Review: This project does not require environmental review. Funding Availability: There are sufficient funds available in the Oil and Gas, Water and Wastewater budget accounts to cover the cost of the epoxy surfacing. Account Description Maintenance and Repair Maintenance and Repair Sewer Manhole Lining Prepared by: owtktr1 Cindy Asher, Ad i istrative Manager Attachments: Agreement Account Number Amount 5400 -8160 $28,300 5500 -8160 $19,550 5600 -8185 $33,200 Submitted by: Steve My Utilities DrWtor • U 0 SERVICE AGREEMENT • BETWEEN THE CITY OF NEWPORT BEACH AND SUPERIOR GUNITE FOR EPDXY COATING OIL FIELD STORAGE TANK TOPS, MANHOLES AND SAFETY PLATES THIS AGREEMENT is made and entered into as of this 11th day of September, 2007, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and SUPERIOR GUNITE, a California Corporation whose local address is 12306 Van Nuys Boulevard, Lakeview Terrace, California, 91342 ( "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 is planning to sand inject pressure wash surface, patch and repair with epoxy coating four Oil Field tank tops; sandblast and epoxy coat 23 non -skid safety plates, and 80 VF of manholes in various locations throughout the City. • C. City desires to engage Contractor to prepare surfaces and epoxy coat various City infrastructure with epoxy coat systems developed by Warren Epoxy Systems to repair /protect against corrosion. 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 Mark Burris, Project Manager. F. City has solicited and received a proposal from Contractor, has reviewed the previous experience and evaluated the experience of Contractor, and desires to retain Contractor to render the services described herein under the terms and conditions set forth in this Agreement. G. 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 40 follows: 0 0 1. SERVICES TO BE PERFORMED Contractor shall perform the Project and all the services for the Project in the . manner described in the Scope of Services attached hereto as Exhibit A and incorporated herein by this reference. As a material inducement to the City entering this Agreement, Contractor represents and warrants that Contractor is a provider of first class work and services and Contractor is experienced in 'perfonning the work and services contemplated herein and, in light of such status and experience, Contractor covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first -class firms performing similar work under similar circumstances. Contractor shall perform everything required to be performed, and shall provide and furnish all the labor, materials, necessary tools, expendable equipment and all utility and transportation services necessary for the Project. 2. 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. 2.1 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. 2.2 For all time periods not specifically set forth herein, Contractor shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 3. COMPENSATION TO CONTRACTOR As full compensation for the performance and completion of the Project as • required, City shall pay to Contractor and Contractor accepts as full payment the sum of Eight -one Thousand, Fifty Dollars ($81,050). Contractor shall not receive any additional compensation unless approved in advance by the City in 2 0 0 writing. All amounts due and owing under this Agreement shall be paid no later • than thirty (30) days after completion of each Task and an invoice for the Task work has been approved by City staff. .4. TYPE OF MATERIALS /STANDARD OF CARE 4.1 Contractor shall use only the standard supplies and materials described in Exhibit A in performing Contract Services. Any deviation from the materials described in Exhibit A shall not be installed unless approved in advance by the City Administrator, 4.2 All of the services shall be performed by Contractor or under Contractor's supervision. Contractor represents that it possesses the personnel required to perform the services required by this Contract. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. 4.3 At its sole cost, the Contractor shall provide all necessary machines, equipment, tools and labor, etc., as may be necessary to perform the work outlined herein and in the attached Scope of Services., Equipment used by the Contractor must be of commercial quality and in good and safe working condition at all times. • 4.4 Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law for the performance of the services required by this Agreement. Contractor shall maintain a City of Newport Beach business license during the term of this Agreement. 5. SECURITY/ TOOLS AND EQUIPMENT The City shall not be responsible for losses of Contractor's supplies, tools, or equipment. As such, Contractor acknowledges its responsibility for providing proper identification and security for such items at its own expense. 6. ADMINISTRATION This Agreement will be administered by the Utilities Department. Ed Burt 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. RESPONSIBILITY FOR DAMAGES OR INJURY 7.1 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 r 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 3 0 0 the performance of the Project by Contractor, or its subcontractors, or its workers, or anyone employed by either of them. • 7.2 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. 7.3 Contractor shall indemnify, hold harmless, and defend City, it officers and employees from and against: (1) any and all loss, damages, liability, claims, allegations of liability, suits, costs and expenses for damages of any nature whatsoever, including, but not limited to, bodily injury, death, personal injury, property damage, or any other claims arising from any and all acts or omissions of Contractor, its employees, agents or subcontractors in the performance of services or work conducted or performed pursuant to this Contract; (2) use of improper materials in performing this Project; including, without limitation, defects in workmanship or materials in performing this Project; including, without limitation, defects in workmanship or materials and /or design defects or (3) any and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall include reasonable attorneys' fees and all other costs incurred in defending any such claim. However, nothing herein shall require Contractor to indemnify City from the sole negligence or willful misconduct of City, its officers or employees. • 7.4 Contractor shall perform all Project 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 Project work. 7.5 To the extent authorized by law, as much of the money due Contractor under and by virtue of the Contract 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. 7.6 Nothing in this section shall be construed as authorizing any award of attorneys fees in any action to enforce the terms of this Contract, except to the extent provided in Section 8.3 above. 7.7 The rights and obligations set forth in this Section shall survive the termination of this Contract. 8. 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 a 0 0 Agreement. Nothing in this Agreement shall be deemed to constitute approval • for Contractor or any of Contractor's employees or agents, to be the agents or employees of City. Contractor shall have the responsibility for and control over the means of performing the work, provided that Contractor is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Contractor as to the details of the performance 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. 9. 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. 10. INSURANCE Without limiting Contractors 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. D. Coverage Requirements. i. 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 0 0 Insurance and Employer's 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) calendar days (10 calendar days written notice of non- payment of premium) 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. ii. General Liability 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. iii. Automobile Liability Coverage. Contractor shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant 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. E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following speck language: i. 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. 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. I 0 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. W. 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) calendar days (10 calendar days written notice of non - payment of premium) written notice has been received by City. F. 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. 11. 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 prior written authorization of City. 12. 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. 13. CONFLICTS OF INTEREST 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. 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 City for any and all claims for damages resulting from Contractor's • violation of this Section. 14. 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: Attn: Utilities Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 -644 -3011 Fax: 949 - 646 -5204 All notices, demands, requests or approvals from CITY to Contractor shall be addressed to Consultant at: Attention: Mark Burris • Superior Gunite 12306 Van Nuys Boulevard Lakeview Terrace, CA 91342 Phone: (818) 9199 (323) 877 -4861 Fax: (818) 896 -6699 15. 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 deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, 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. L. • 16. STANDARD TERMS 16.1 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. 16.2 A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 16.3 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. 16.4 In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. • 16.5 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. • 16.6 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. 16.7 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. Q s 0 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APP VED AS TO FORM: off" c Aaron Harp Asst. City Attomey for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation in Steven Rosansky, Mayor for the City of Newport Beach CONSULTANT: By (Corporate Officer) Title: 00191►PfuT3 0 (Financial Officer) Print Name: Attachments: Exhibit A — Scope of Services 10 • • RUG -14 -2007 15:57 IOR GUNITE • P.02 SUPERIOR O UNITE $850.00 - e ENGINEERING E CONSTRUCTION � ENGINEERING CONSTRUCTION 12306 VAN NUYS BOULEVARD LAKEVIEW TERRACE, CALIFORNIA 91342 (818) 896 -9199 • (323) 877 -4861 FAX: (818) 896 -6699 July 9, 2007 City of Newport Beach 949 West 16 St. Newport Beach, CA 92658 Attention: Mr. Ed Burt Operations Manager Ph. 949 - 718 -3415 Fax: 949-846 -5204 PROPOSAL: Surface preparation + epoxy coating per the following: rQS•X 1.0 Non Skid Safety Plates, 5' x 10' EA 23 EA @ $850.00 - $19,550.00 2.0 Oil Feld Tank Tops Only a. Test Tank 8 ft Diam 1 EA @ $3,400.00 - $3,400.00 b. Wash Tank 16 ft Daim 1 EA @ $5,300.00 = $5,300.00 C. Tank #781 #79 Diam 2 EA @ $9,800.00 = $19,600.00 ( 3.0 48" Diam Manholes (Brick / Concrete) 80 VF @ $415.001 VF = $33,200.00 (Minimum charge @ $3,000.00 / FA) (Price based upon Class #2 Condition) INCLUDES: 1.0 Sandblast, Warren Environmental System 8301 Epoxy Coating @ 100 mil avg. thickness, Meen Blast Black Abrasive Non Skid Surface Coating. 2.0 Sandblast, Warren Environmental System S301 Epoxy Coating @ 100 mil avg. thickness, 3.0 Sand Injected Pressure Wash surface, Patch + repair with Mastic, Warren Environmental System F301 Flexible Epoxy Coating @ 125 mil avg. thickness 4.0 5,000 psi Pressure wash Manholes, stop minor only active infiltration, Class #2 condition, rebuild benches if required. line with Warren S301 Epoxy, (Minimum charge @ $3000.001 Ea) All work also includes a. Full insurance b. 5 Year Warranty C. Regular work hours only d. Confined space trained personnel + equipment • CON RACTOWS LICENSE AVOW6 www.Shotcrete.com RUG -14 -2007 1557 irIOR "ITE • P.03 • EXCLUDES: a. Bonding extra @ 1.5 % b. SWPPPS program Q Hazardous materials / lead based paint removal extra d. Sewer Bypass, Pumping and / or vacuum trucks e. Major infiltration on T &M basis only f. Traffic control and / or Detours if required. We trust that this is suitable and look forward to being of service to you on this and any of your future projects. in our office or 818-612 -2015 on Cell should any questions arise. V.P. Mark Burris Supt. • U