HomeMy WebLinkAboutC-4501 - Contract for Refurbishment and Repair of Commercial Cooling EquipmentCONTRACT WITH COMMERCIAL COOLING PAR ENGINEERING, INC.
FOR REFURBISHMENT AND REPAIR OF COMMERCIAL COOLING EQUIPMENT
HIS CONTRACT is made and entered into as of this *day of
Na,L— 2010, by and between the CITY OF NEWPORT BEACH, a Municipal
Corporation ( "City "), and PAR Engineering, Inc., doing business as ('DBA ")
Commercial Cooling PAR Engineering, Inc., a California Corporation whose address
is 17855 E. Arenth Avenue, City of Industry, California 91748 ( "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 requires refurbishing to an existing commercial freezer in the Police
Department's Property Room.
C. City desires to engage Contractor to tear down existing freezer, replace floor with
all new NSF insulated floor, replace walk -in door with new heaters and heated
vent, reinstall walls and ceilings, add all new trim and base coverings, reconnect
customer's refrigeration equipment, drains, and electrical drain pan ( "Project ").
D. Contractor has agreed to perform the Project over a five - day.period, commencing
on May 3, 2010.
E. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
TERM
The term of this Agreement shall commence on the above written date, and shall
terminate on the 30th day of June 2010, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
Contractor shall perform all the services described in the Scope of Work attached
hereto as Exhibit A and incorporated herein by this reference. As a material
inducement to the City entering into 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.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of services under this Agreement, and
Contractor shall complete the Work within the time set forth in this Section. The failure
by Contractor to meet this deadline may result in termination of this Agreement by City.
DEADLINE FOR COMPLETION OF WORK: June 30, 2010
4. COMPENSATION
As full compensation for the performance and completion of the Project as required by
the Scope of Work, City shall pay to Contractor and Contractor accepts as full payment
the sum of Nine Thousand Seven Hundred and Seventy Dollars and 151100
($9770.15). Contractor shall not receive any additional compensation unless approved
in advance by the City in writing. City shall pay Contractor no later than thirty (30) days
after approval of the final invoice by City staff.
S. ADMINISTRATION
This Agreement will be administered by the Police Department. Lt. Bill Hartford, or his
designee, 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.
6. TYPE AND INSTALLATION OF MATERIALSISTANDARD OF CARE
6.1 Contractor shall use only the standard materials described in Exhibit A in
performing services under this Agreement. Any deviation from the
materials described in Exhibit A shall not be installed unless approved in
advance by the City Administrator.
6.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel
required to perform the services required by this Agreement, and that it
will perform all services in a manner commensurate with community
professional standards. All services shall be performed by qualified and
experienced personnel who are not employed by City, nor have any
contractual relationship with City.
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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
or death of any person as a result of Contractor's performance of the
services required hereunder; or for damage to property from any cause
arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
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, its 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 Agreement; (2) use of improper materials in
performing this Project including, without limitation, defects in
workmanship or materials and /or design defects; and /or (3) any and all
claims asserted by Contractor's subcontractors or suppliers on the Project,
and shall include reasonable attorney's 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 Agreement as shall be considered necessary by
City may be retained by it until disposition has been made of such suits or
claims for damages as aforesaid.
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 Agreement, except
to the extent provided in Section 7.3 above.
7.7 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
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.
10.1 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 or performance of any work. Current certification of insurance shall
be kept on file with City at all times during the term of this Agreement.
10.2 Signature. A person authorized by the insurer to bind coverage on its
behalf shall sign certification of all required policies.
10.3 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 policyholder's A Rating 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.
10.4 Coverage Requirements,
A. 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 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
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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.
B. General Liability Coverage. Contractor shall maintain commercial
general liability insurance in an amount not less than one million
dollars ($1,000,000) 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.
C. 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.
10.5 Endorsements. Each general liability and automobile liability insurance
policy shall be endorsed with the following specific language:
A. 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.
B. 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.
C. 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.
D. The insurer waives all rights of subrogation against City, its elected
or appointed officers, officials, employees, agents and volunteers.
E. 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.
F. 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.
10.6 Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claim made or suit instituted arising out of or resulting from
Contractors performance under this Contract.
10.7 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.
11. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the work
outlined in the Scope of Work provided the Contractor obtains City approval prior to the
subcontractor performing any work. Contractor shall be fully responsible to City for all
acts and omissions of the subcontractors. Nothing in this Contract shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
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 Contract. 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 Contract, 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
Contract 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, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Lt. Bill Hartford
Police Department
City of Newport Beach
PO Box 7000
Newport Beach, CA 92658 -7000
Phone: 949 - 644 -3660
Fax: 949 -644 -3693
All notices, demands, requests or approvals from City to Contractor shall be addressed
to Contractor at:
Attention: John Milani
Commercial Cooling PAR Engineering, Inc.
17855 E. Arenth Ave.
City of Industry, CA 91748
Phone: 626 - 964 -8700
Fax: 626- 964 -8777
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, 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. On
the effective date of termination, Contractor shall deliver to City all materials purchased
in performance of this Agreement.
16. 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.
17. WAIVER
A waiver by City of any term, covenant, or condition in the Agreement shall not be
deemed to be a waiver of any subsequent breach of the same or any other term,
covenant or condition.
18. INTEGRATED AGREEMENT
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.
19. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Work, the terms of this Agreement shall govern.
20. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by
both Contractor and City and approved as to form by the City Attorney.
21. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project Site, has become familiar with the local conditions under which the
work is to be performed, and has taken into consideration these factors in submitting its
Project Proposal and Scope of Work.
22. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating
to it and any action brought relating to this Agreement shall be adjudicated in a court of
competent jurisdiction in the County of Orange.
23. INTERPRETATION
The terms of this Agreement shall be construed
language used and shall not be construed for c
authorship of the Agreement or any other rule
apply.
in accordance with the meaning of the
r against either party by reason of the
of construction which might otherwise
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on
the day and year first written above.
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
B
Mynette D. Beauchamp
Assistant City Attorney
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ATTEST:
By. & il,
Leilani I. Brown, wry
City Clerk A
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CITY OF NEWPORT BEACH,
A Municipal Corporation
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Ro ert M. Luman
Chief of Police
CONTRACTOR: COMMERCIAL
COOLING PAR ENGINEERING, INC.
By.
Name:
Title:
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Name:
Title:
Attachments: Exhibit A - Scope of Work, Billing Rates
9
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CO1vINYERCL4,L COOLING
PAR ENGINEERING, INC.
October 22. 2009
Brad Aubuchon
Newport Beach Police Dept
870 Santa Barbara Dr.
Newport Beach, Ca. 92660
PH. (949) 644 -3659
FAX(949)644 -3753
Dear Mr Brad.
X
BID 4 9-6118
Visit us at
www.conitnercialcooling.com
Thank you for allowing Commercial Cooling to bid on your refrigeration. Below please
find our quote.
Tear down the existing freezer. Replace the floor with all new NSF insulted floor. Replace the
walk -in door with new heaters and heated vent. Reinstall customer's walls and ceilings. Add all
new trim and base covings. Reconnect customer's refrigeration equipment. Connect drain lines
to customers existing electrical drain pan. Connect all electrical. Start up freezer. Price quote
includes demo, installation of the walk -in, reconnection of the refrigeration, reconnection of
electrical and drains and start up.
Total $9,480.00
Tax on $3,316 @ 8.75 % $290.15
Total including tax $9,770.15
Please feel free to contact me should you have any questions or concerns.
and regards.
and CEO
at Cooling
leering, Inc.
®aik -In Manufacturer Since 196717855 E.
Arenth Ave. • City of Industry, CA 91748.626 -964 -8700 . 626 - 964- 8777'Pax
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