HomeMy WebLinkAboutC-5170 - M/RSA for Electrical Maintenance and As-Needed Electrical Repair ServicesQ AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES
N WITH BAY SHORE ELECTRIC INC.
FOR ELECTRICAL MAINTENANCE AND AS- NEEDED ELECTRICAL REPAIR
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THIS AGREEMENT FOR MAINTENANCE AND REPAIR SERVICES
( "Agreement') is made and entered into as of this 9,1e � day of June, 2012
( "Commencement Date ") by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ( "City "), and BAY SHORE ELECTRIC
INC., a California corporation ( "Contractor "), whose principal place of business is P.O.
Box 611, Dana Point, CA 92629 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide annual electrical inspection and
maintenance services, as well as any as- needed electrical maintenance and
repair services, for the Newport Beach Police Department Headquarters
('Project').
C. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Commencement Date, and shall
terminate on June 30, 2015, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1. City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall perform all the work
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
this reference ( "Services" or "Work "). 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 Contractor is experienced in performing the Work contemplated herein
and, in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the Work 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.
2.2. 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.
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3.1. 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.
3.2. Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3. Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as soon as reasonably possible, but no event later
than two (2) calendar days after the start of the condition that purportedly causes a
delay. The Project Administrator shall review all such requests and may grant
reasonable time extensions for unforeseeable delays that are beyond Contractor's
control.
3.4. For all time periods not specifically set forth herein, Contractor shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
3.5. Upon verbal or written request from the Project Administrator (as defined
below in Section 5), Contractor shall provide a letter proposal for Services requested by
the City (hereinafter referred to as the "Letter Proposal "). The Letter Proposal shall
include the following:
3.5.1. A detailed description of the Services to be provided;
3.5.2. The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
3.5.3. The estimated number of hours and cost to complete the
Services; and
3.5.4. The time needed to finish the specific Project.
3.6. No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
BAY SHORE ELECTRIC INC. Page 2
4.1. City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed
Seventy- Five - Thousand Dollars and 00/100 ($75,000.00) without written amendment
to the Agreement.
4.2. Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person
and /or classification of employee who performed the Work, a brief description of the
Services performed and /or the specific task from the Scope Services attached hereto
which it relates, the date the Services were performed, the number of hours spent on all
Work billed on an hourly basis, and a description of any reimbursable expenditures.
City shall pay Contractor no later than thirty (30) days after approval of the monthly
invoice by City staff.
4.3. City shall reimburse Contractor only for those costs or expenses
specifically approved in the Scope of Services attached hereto. Unless otherwise
approved, such costs shall be limited and include nothing more than the actual costs
and /or other costs and /or payments specifically authorized in advance in writing and
incurred by Contractor in the performance of this Agreement.
4.4. Contractor shall not receive any compensation for Extra Work without the
prior written authorization of City. As used herein, "Extra Work" means any work that is
determined by the Project Administrator (as defined in Section 5 below) to be necessary
for the proper completion of the Project, but which is not included within the Scope of
Work and which the City and Contractor did not reasonably anticipate would be
necessary. Compensation for any authorized Extra Work shall be paid in accordance
with the Schedule of Billing Rates set forth in Exhibit B.
5. ADMINISTRATION
This Agreement will be administered by the Police Department. The Fiscal
Services /Facilities Manager or his /her designee shall be the Project Administrator and
shall have the authority to act for City under this Agreement. The Project Administrator
or his /her authorized representative shall represent City in all matters pertaining to the
Services to be rendered pursuant to this Agreement.
6. TYPE AND INSTALLATION OF MATERIALS /STANDARD 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 Project
Administrator.
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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 highest 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.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7A. 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. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the 'Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
7.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
7.5. 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
BAY SHORE ELECTRIC INC. Page 4
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
7.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
7.7. The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
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.
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
10.1. Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
10.2. Coverage and Limit Requirements.
10.2.1. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
with limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. 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, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
BAY SHORE ELECTRIC INC. Page 5
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
10.2.2. General Liability. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars
($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability.
Coverage shall be at least as broad as that provided by Insurance Services Office form
CG 00 01. None of the policies required herein shall be in compliance with these
requirements if they include any limiting endorsement that has not been first submitted
to City and approved in writing.
10.2.3. Automobile Liability. 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 accident.
10.2.4. Builders Risk. For Agreements or Contracts with
Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk
insurance or an installation floater as directed by City, covering damages to the Work
for "all risk" or special form causes of loss with limits equal to one hundred percent
(100 %) of the completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement for such
coverage may include additional protection for Earthquake and /or Flood. City shall be
included as an insured on such policy, and Contractor shall provide the City with a copy
of the policy.
10.3. Other Insurance Provisions or Requirements.
10.3.1. Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
10.3.2. General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
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10.3.2.1. City, its elected or appointed officers, agents, officials,
employees, and volunteers are to be covered as additional insureds as respects: liability
arising out of activities performed by or on behalf of Contractor, including the insured's
general supervision of Contractor; products and completed operations of Contractor;
premises owned, occupied or used by Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to City, its elected or appointed
officers, officials, employees, agents or volunteers. Contractor shall submit to City a
copy of the additional insured endorsement along with the required certificates of
insurance.
10.3.2.2. Contractor's insurance coverage shall be primary
insurance and /or primary source of recovery as respects City, its elected or appointed
officers, agents, officials, employees and volunteers as respects to all claims, losses, or
liability arising directly or indirectly from the Contractors operations or services provided
to the City. Any insurance or self- insurance maintained by City, its officers, officials,
employees and volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
10.3.2.3. Contractor's insurance shall apply separately to each
insured against whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
10.4. 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.
10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellation (except for
nonpayment for which 10 days notice is required) or nonrenewal of coverage for each
required coverage except for builders risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for 30 days written notice to City
of cancellation or nonrenewal, except for nonpayment for which 10 days notice is
required.
10.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractors existing coverage includes a self- insured retention, the self- insured
retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
10.7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractors
performance under this agreement.
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10.8. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
10.9. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
10.10. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
10.11..City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
10.12. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to apply to the full
extent of the policies. Nothing contained in this agreement or any other agreement
relating to the city or its operations limits the application of such insurance coverage.
10.13. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
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 Agreement shall create any
BAY SHORE ELECTRIC INC. Page 8
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 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
13.1. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act'), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
13.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractors violation of this
Section.
14. NOTICES
14.1. 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: Fiscal Services /Facilities Manager
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Email: LNewman @newportbeachca.gov
Phone: 949 - 644 -3655
Fax: 949 - 644 -3693
14.2. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
BAY SHORE ELECTRIC INC. Page 9
Attn: Bob Behling
BAY SHORE ELECTRIC INC.
P.O. Box 611, Dana Point, CA 92629
Email: petancic @bayshoreelelectric.com
Phone: 949 - 636 -2461
Fax: 949- 240 -5117
15. NOTICE OF CLAIMS
15.1. Unless a shorter time is specified elsewhere in this Agreement, before
making its final request for payment under the Agreement, Contractor shall submit to
City, in writing, all claims for compensation under or arising out of this Agreement.
Contractor's acceptance of the final payment shall constitute a waiver of all claims for
compensation under or arising out of this Agreement except those previously made in
writing and identified by Contractor in writing as unsettled at the time of its final request
for payment. The Contractor and the City expressly agree that in addition to all claims
filing requirements set forth in the Agreement, the Contractor shall be required to file
any claim the Contractor may have against the City in strict conformance with the Tort
Claims Act (Govt. Code §§ 900 et seq.).
16. TERMINATION
16.1. In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
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.
16.2. 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.
17. STANDARD PROVISIONS
17.1. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
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17.2. Waiver. A waiver by City of any term, covenant, or condition in the
Agreement shall not be deemed to be a waiver of any subsequent breach of the same
or any other term, covenant or condition.
17.3. Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto,. and all
preliminary negotiations and Agreements of whatsoever kind or nature are merged
herein. No verbal Contract or implied covenant shall be held to vary the provisions
herein.
17.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Exhibits attached hereto, the terms of
this Agreement shall govern.
17.5. Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
17.6. 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.
17.7. 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.
17.8. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
17.9. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
17.10. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
17.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
17.12. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 2/ /-7 //7.
Aaron C. Har
City Attorney
ATTEST: b I� I�
Date:
By:
N&"--
Leilani I. Brow
City Clerk
44
C
cA Ll V
CITY OF NEWPORT BEACH,
A California municipal corporation
Da
CONSULTANT: BAY SHORE ELECTRIC
INC., a California Corporation
Date:
Y•
Clayto Robert Behling
Presi ent
Date: %_,_1 2 1 1 -
Danielle Petarcic
Secretary
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work/ Schedule
Exhibit B - Schedule of Billing Rates
BAY SHORE ELECTRIC INC. Page 12
EXHIBIT A
1. SCOPE OF SERVICES: ANNUAL ELECTRICAL MAINTENANCE SERVICES
1.1 Once per year, Contractor shall inspect and maintain the electrical system
pertaining to the Police Department sliding jail doors, including the following:
1.1.1 Jail door electrical system;
1.1.2 Door motors;
1.1.3 Chain grooves;
1.1.4 Connection on doors;
1.1.5 Cleaning of jail doors.
Collectively there are eight (8) electrically - controlled sliding jail doors controlled
by a 6- switch box and a 2- switch box.
In addition there are fourteen (14) non - sliding jail doors that unlock by use of
switches. These doors will not require the same maintenance as the sliding
doors described above; service for these doors only requires that the Contractor
inspect the switch boxes to ensure that the switch connections are intact. These
doors are controlled by a 10- switch box and a 4- switch box.
1.2 Once per year, Contractor shall inspect and maintain twenty -two (22) electrical
panels located throughout the facility. This shall consist of the following:
1.2.1 Visual inspection of all panels;
1.2.2 Inspection of all panels with an infrared wand;
1.2.3 Checking electrical connections in all panels;
2. SCOPE OF SERVICES: AS- NEEDED ELECTRICAL REPAIR SERVICES
2.1 The Police Department Headquarters facility requires as- needed electrical repair
services. The repair requests include, but are not limited to:
2.1.1
Ballast repair;
2.1.2
Motor replacement;
2.1.3
Disconnect replacement/installation;
2.1.4
Breaker replacement;
2.1.5
Switch replacement;
2.1.6
Cable replacement/relocation;
2.1.7
Conduit installation;
2.1.8
Lamp repair; and
2.1.9
General electrical troubleshooting.
2.2 On as as- needed basis, Contractor may be contacted by the City's Municipal
Operations Department for as- needed electrical repair service requests at City
facilities other than the Police Department Headquarters. The primary point of
contact for these types of service requests shall be Jim Auger, Operations
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Support Superintendent, or his designee. For these service requests,
Contractor shall follow the protocol established in this Agreement in regards to
service deployment, including issuing Letter Proposals for each request and not
commencing work until authorized by the Operations Support Superintendent, or
his designee. Any and all services performed for the City shall be charged at
the rates indicated in Exhibit B.
3. SCOPE OF SERVICES: GENERAL REQUIREMENTS
3.1 Contractor must be available for same -day response, even on weekend
days.
3.2 Unless otherwise stated, Contractor shall be responsible to provide all labor
and materials to allow for successful Project completion.
3.2.1 Projects of a larger scale will require the City to reimburse Contractor
for materials that need to be procured.. These instances shall be
analyzed on a case -by -case basis and reimbursement for materials will
need to be agreed upon in the Contractor's letter proposal prior to the
commencement of work.
3.3 Contractor shall be responsible for removing and cleaning any and all debris
that occurs as a result of its operations under this Agreement.
3.4 Any Contractor Team Member assigned to this Project must undergo
Department of Justice (DOJ) security clearance check due to the highly
sensitive security nature of accessing the Police Department Headquarter.
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SCHEDULE OF BILLING RATES
B- 1IPage
$75.00 PER HOUR
AS- NEEDED ELECTRICAL REPAIR SERVICES
0
MINIMUM BILLED HOURS PER SITE VISIT
0
MINIMUM TRIP CHARGE PER SITE VISIT
EMERGENCY OR OVERTIME HOURLY RATE,
$95.00 PER HOUR
DEFINED AS MON -FRI AFTER 4:00 PM AND
ALL OF SAT AND SUN
ANNUAL JAIL DOOR INSPECTION AND
MAINTENANCE (SECTION 1.1 OF SCOPE OF
$950.00
SERVICES)
ANNUAL ELECTRICAL PANEL INSPECTION
AND MAINTENANCE (SECTION 1.2 OF SCOPE
$950.00
OF SERVICES)
B- 1IPage