HomeMy WebLinkAboutC-4818 - Repair Services Agreement for As-Needed Electrical Repair ServicesAMENDMENT NO. ONE TO
REPAIR SERVICES AGREEMENT WITH
INTERNATIONAL LINE BUILDERS
`\\ FOR AS- NEEDED ELECTRICAL REPAIR SERVICES
THIS AMENDMENT NO. ONE TO REPAIR SERVICES AGREEMENT
( "Amendment No. ONE "), is entered into as of this ��lday of kTU14 , 2012, by and
between the CITY OF NEWPORT BEACH, a California Municipal Cforrp poration ( "City "),
�.J and INTERNATIONAL LINE BUILDERS a California corporation whose address is 2520
Rubidoux Blvd, Riverside, California 92509 ( "Contractor "), and is made with reference
to the following:
RECITALS:
A. On March 9, 2011, City and Contractor entered into a Repair Services
Agreement ( "Agreement ") for the as- needed electrical repair services ('Project").
B. City desires to enter into this Amendment No. One to add twenty -four (24) hour
on -call emergency services with a one (1) hour or less response time to the
Agreement, increase the total compensation, and update insurance
requirements.
C. City and Contractor mutually desire to amend the Agreement, as provided below.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Section 2 of the Agreement shall be supplemented to include the Additional Services to
be Performed ( "Emergency Services ") which is attached hereto as Exhibit C and
incorporated herein by reference. The City may elect to delete certain tasks of the
Scope of Services at its sole discretion.
2. COMPENSATION
Section 4 of the Agreement shall be supplemented to include the Schedule of Billing for
Emergency Repair Services which is attached hereto as Exhibit D and incorporated
herein by reference.
The introductory paragraph to Section 4 of the Agreement shall be amended in its
entirety and replaced with the following: City shall pay Contractor for the Services on a
time and expense not -to- exceed basis in accordance with the provisions of this Section,
the Schedule of Billing Rates attached to the Agreement as Exhibit B and the Schedule
of Billing for Emergency Repair Services attached to the Agreement as Exhibit D. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City, except for the annual adjustment to the rates in proportion to
changes in the Consumer Price Index as more particularly described in Section 4.1.
Contractor's compensation for Work performed in accordance with this Agreement
including all reimbursable items and subcontractor fees, shall not exceed the fees
identified in the individual letter proposals, as approved by the Project Administrator.
The total compensation paid to the Contractor during the term of the Agreement shall
not exceed Ninety Thousand Dollars and no /100 ($90,000.00) without prior written
authorization from City.
3. INSURANCE
Section 11 of the Agreement shall be amended in its entirety and replaced with the
following:
11.1 Provision of 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, policies of insurance of the type
and amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
11.2 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.
11.3 Coverage Requirements.
11.3.1 Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily injury by
accident and each employee for bodily injury by disease in accordance with the laws of
the State of California. Section 3700 of the Labor Code.
11.3.1.1 Contractor shall submit to City, along with the certificate
of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, officials,
employees and agents.
11.3.2 General Liability Insurance. Contractor shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance, with coverage at
least as broad as provided by Insurance Services Office form CG 00 01, 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) completed
operations aggregate. The policy shall cover liability arising from premises, operations,
INTERNATIONAL LINE BUILDERS Page 2
products - completed operations, personal and advertising injury, and liability assumed
under an insured contract (including the tort liability of another assumed in a business
contract) with no endorsement or modification limiting the scope of coverage for liability
assumed under a contract.
11.3.3 Automobile Liability Insurance. Contractor shall maintain
automobile insurance at least as broad as Insurance Services Office form CA 00 01
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.
11.4 Other Insurance Requirements.
11.4.1 The policies are to contain, or be endorsed to contain, the following
provisions:
11.5 Waiver of Subrogation. 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 from each of its subcontractors.
11.6 Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, but not including professional
liability (if required), shall provide or be endorsed to provide that City and its officers,
officials, employees, and agents shall be included as insureds under such policies.
11.7 Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self- insurance
maintained by City.
11.8 Notice of Cancellation. All policies shall provide City with thirty (30) days
notice of cancellation (except for nonpayment for which ten (10) days notice is required)
or nonrenewal of coverage for each required coverage.
11.9 Additional Agreements Between the Parties. The parties hereby agree to
the following:
11.9.1 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 other endorsements
as specified herein for each coverage. Insurance certificates and endorsement must be
approved by City's Risk Manager prior to commencement of performance. Current
certification of insurance shall be kept on file with City at all times during the term of this
INTERNATIONAL LINE BUILDERS Page 3
contract. City reserves the right to require complete, certified copies of all required
insurance policies, at any time.
11.9.2 City's Right to Revise Requirements. The City reserves the right at
any time during the term of the contract to change the amounts and types of insurance
required by giving the Contractor ninety (90) days advance written notice of such
change. If such change results in substantial additional cost to the Contractor, the City
and Contractor may renegotiate Contractor's compensation.
11.9.3 Right to Review Subcontracts: Contractor agrees that upon
request, all agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of City to
request copies of such agreements will not impose any liability on City, or its
employees.
11.9.4 Enforcement of Contract 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.
11.9.5 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.
11.9.6 Self- insured Retentions. Any self- insured retentions must be
declared to and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self- insurance will not be
considered to comply with these requirements unless approved by City.
11.9.7 City Remedies for Non Compliance If Contractor or any
subcontractor fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to terminate this
agreement, or to suspend Contractor's right to proceed until proper evidence of
insurance is provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Contractor or reimbursed by Contractor upon
demand.
11.9.8 Timely Notice of Claims. Contractor shall give City prompt and
timely notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. City assumes no obligation or
liability by such notice, but has the right (but not the duty) to monitor the handling of any
such claim or claims if they are likely to involve City.
INTERNATIONAL LINE BUILDERS Page 4
11.9.9 Contractor's 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.
4. ADMINISTRATION
Section 6 of the Agreement shall be supplemented to reflect that the Contractor's
Project Manager shall be Kevin Nelson.
5. NOTICES
Section 16 of the Agreement shall be amended to reflect the Contractor's contact
information as:
Attention: Kevin Nelsen
International Line Builders
2520 Rubidoux Blvd
Riverside, CA 92509
Phone: 951- 682 -2982
Fax: 951 - 788 -0686
6. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants set forth
in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
INTERNATIONAL LINE BUILDERS Page 5
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No.
One on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: j :�111,)-
By: ej rp
City Attorney
ATTEST:
Date:
WRIUMMIMAW
=- MOM=.
City Clerkp
yrs,
CITY OF NEWPORT BEACH,
A California municipal corporation
Date: --)) Zo rz.
By:
Dave Ki
City Manager
CONTRACTOR: INTERNATIONAL LINE
BUILDERS/a 9alifornia corporation
Date:
By:
Mike ass
President
Date: '1- 3 -) :,-
By:
Brad Hulquist
Controller
Attachments: Exhibit C - Additional Services to be Performed
Exhibit D - Schedule of Billing for Emergency Repair Services
[END OF SIGNATURES]
a11-00194/Amend No Ito PSA
INTERNATIONAL LINE BUILDERS Page 6
ATTACHMENT C
Additional Services to be Performed
The City of Newport Beach contains 5,900 streetlights that are maintained by the City.
Of that 5,900, about 850 lights are High voltage series streetlights (less than 6,000
volts).. The remaining streetlights range from 120 to 240 volts a.c.
Contractor furnish all labor, equipment, and supervision to perform on -call emergency
streetlight repairs located throughout the City of Newport Beach.
• Contractor shall be available for 24 hours a day, including after- hours, weekends,
and holidays.
• After -hours refers to Monday through Thursday 4:30pm to 7:OOam
• Weekends begin 3:30pm Friday to 7:OOam Monday.
• Contractor shall respond to all streetlight emergencies within one (1) hour
from initial call from the City.
• Contractor shall:
• Safe off any electrical hazard including but not limited to high voltage
series streetlights (less than 6,000 volts).
• Set a concrete pull box with lid on any exposed wires that cannot be
contained in their original structures.
• Clear any heavy, downed or leaning light pole or poles.
• Clear light poles from obstructing traffic, roadways, & pedestrian passage
on sidewalks.
• Set barricades and caution tape over any debris left at the scene.
• Notify the City representative at the beginning of the next work shift
reporting what has been done.
• Provide 24 -hour phone number available to City emergency personnel.
• If additional problems or abnormalities exist during the response contact
the City representative immediately.
Upon execution of the Amendment No. One a detailed inventory of all lights in
the city including location, pole type, wattage, etc. shall be provided to the
Contractor.
June 6, 2012
ATTACHMENT C
Types of Poles and Fixtures
The City of Newport Beach contains 5,900 streetlights that are maintained by the City.
Pole and fixture type includes:
Poles
1212T
1214T
1316T
42D
42D DBL
42D OBS
45D
65D
65D DBL
68D
7003 J
7003 J DBL
7004 J
7004 J DBL
AMERON AEGEAN
AMERON JSL
AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
June 6, 2012
Fixtures
High Pressure Sodium (35 -400 watt, 120/240 volts)
Series Mercury (100 -400 watt)
Series Incandescent (2500 -4000 lumen)
LED (GE, Philips, Synergy)
QL (55 waft, 240 volt)
ATTACHMENT D
Schedule of Billing
For Emergency Repair Services
Regular Hours After -Hours and
Rate Weekend Rate Holiday Rate
Journeyman $ 115 /hr $ 165 /hr $ 185 /hr
Equipment
Hourly Rate
Crew Truck
$ 20
Bucket Truck
$ 55
Boom Truck/Crane
$ 70
Minimum Hours q
Materials Mark Up 15%
D -1 I Page
ADDITIONAL EQUIPMENT SCHEDULE
EQUIPMENT DESCRIPTION
RATE
PER
ARROW BOARD
$ 8.00
HR
BARRICADE- PEDESTRIAN
$ '12.00
DAY
TRENCHER -WALK BEHIND
$ 20.00
HR
LINE TRUCK W/ DIFFER DERRICK
$ 65.00
HR
JACKHAMMER
$ 5.00
HR
AIR COMPRESSOR
$ 8.00
HR
BACKHOE
$ 40.00
HR
D -21 Page
REPAIR SERVICES AGREEMENT
WITH INTERNATIONAL LINE BUILDERS
FOR AS- NEEDED ELECTRICAL REPAIR SERVICES
Lo
THIS PAIR PAIR SERVICES AGREEMENT ( "Agreement ") is made and entered into
as of this �i rri day of March, 2011 ( "Commencement Date "), by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ( "City"), and
INTERNATIONAL LINE BUILDERS, a California corporation, whose principal place of
business is P. O. Box 3039, Riverside, California 92519 -3039 ( "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 as needed Citywide electrical repair work for damaged street lights,
service cabinets and conduits.
C. City desires to engage Contractor to provide Citywide electrical repair services on
an as needed basis ( "Project').
D. Contractor will examine the location of all proposed work, carefully review and
evaluate the specifications set forth by the City for the Project, and will be familiar
with all conditions relevant to the performance of services.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
7. TERM
The term of this Agreement shall be for a period of two (2) years, commencing on April 1,
2011 and shall terminate on March 31, 2013, unless terminated earlier as set forth herein.
2. SCOPE OF SERVICES
Contractor shall provide "as- needed" and "emergency" electrical repair services as
described per requested proposals and in the Scope of Services 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.
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.
Upon verbal or written request from the Project Administrator or designee (as defined in
Section 6 below), Contractor shall provide a letter proposal for as- needed Services
requested by the City. The letter proposal shall include the following:
A. A detailed description of the Services to be provided;
B. The position of each person to be assigned to perform the Services, and
the name of the individuals to be assigned, if available;
C. The estimated number of hours and cost to complete the Services; and
D. The time needed to finish the specific project.
No Services shall be provided until the Project Administrator, as defined in Section 6, has
provided written acceptance of the letter proposal. The Project Administrator shall be
authorized to provide written acceptance of letter proposals for Services. Once
authorized to proceed, Contractor shall diligently perform the duties in the approved letter
proposal. Work that is outside of the scope of work described in the letter proposal shall
not be performed without written authorization.
3. TIME OF PERFORMANCE
Time is of the essence in the performance of Services under this Agreement and the
Services shall be performed to completion in a diligent and timely manner. The failure by
Contractor to perform the Services in a diligent and timely manner may result in
termination of this Agreement by City.
Notwithstanding the foregoing, Contractor shall not be responsible for delays due to
causes beyond Contractor's reasonable control. However, in the case of any such delay
in the Services to be provided for the Project, each party hereby agrees to provide notice
to the other party so that all delays can be addressed.
Contractor shall submit all requests for extensions of time for performance in writing to
the Project Administrator as soon as reasonably possible, but in no event 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.
For all time periods not specifically set forth herein, Contractor shall respond in the most
expedient and appropriate manner under the circumstances, by telephone, fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
International Line Builders Page 2
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,
except for the annual adjustment to the rates in proportion to changes in the Consumer
Price Index as more particularly described Section 4.1 below. Contractor's compensation
for Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed the fees identified in the individual letter proposals, as approved
by the Project Administrator. Total compensation paid to Contractor during the Term of
this Agreement shall not exceed Seventy Thousand Dollars and No /100 ($70,000.00)
without written amendment to the Agreement.
4.1 CONSUMER PRICE INDEX. Upon the first anniversary of the
Commencement Date and upon each anniversary of the Commencement
Date thereafter, the rates to be paid by the City as set forth in Exhibit B shall
be adjusted in proportion to changes in the Consumer Price Index, subject
to the 3.0% maximum adjustment increase set forth below. Such
adjustment shall be made by multiplying the original rate by a fraction, the
numerator of which is the value of the Consumer Price Index for the
calendar month three (3) months preceding the calendar month for which
such adjustment is to be made and the denominator of which is the value of
the Consumer Price Index for the same calendar month one (1) year prior.
For example, if the adjustment is to occur effective April 1, 2012, the index
to be used for the numerator is the index for the month of January 2012 and
the index to be used for the denominator is January 2011. The "Consumer
Price Index' to be used in such calculation is the Consumer Price Index, All
Urban Consumers (All Items) for the Los Angeles Anaheim Riverside
Metropolitan Area, published by the United States Department of Labor,
Bureau of Labor Statistics (1982 84 = 100). If both an official index and one
or more unofficial indices are published, the official index shall be used. If
said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no
event, however, shall the amount payable under this agreement be reduced
below the Rate in effect immediately preceding such adjustment. The
maximum increase to the Rate, for any year where an adjustment is made
in proportion to changes in the Consumer Price Index, shall not exceed
3.0% of the Rate in effect immediately preceding such adjustment.
4.2 Contractor shall submit regular invoices to City describing the Work
performed. 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 speck task from the letter proposal to
which it relates, the date the Services were performed, the number of hours
spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty
(30) days after approval of the invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
approved in the letter proposal. Unless otherwise approved, such costs
International Line Builders Page 3
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 to be necessary for the
proper completion of the Project, but which is not included within the letter
proposal 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. WORK DEFICIENCIES AND CORRECTIONS
5.1 The Contractor's performance will be evaluated on a regular basis. When
problems are identified, the City will notify Contractor. If issues are serious
or go unresolved, a "Notice of Deficiency" will be issued to Contractor in
writing. This notice will detail the issues required to be cured.
5.2 Failure to correct the deficiencies listed in the Notice of Deficiency within the
timeframe specified by the City may, in the City's sole discretion, result in
action being,taken by the City, including, but not limited to, (a) withholding
payment for the subject deficiency until the work is completed; (b) correcting
the deficiency (using the City's own work force and /or by contracting out)
and deducting any associated costs plus overhead incurred thereby from
the total monthly compensation due the Contractor; (c) contracting with
another Vendor to perform the maintenance and other Services required for
the remainder of the term of the Contract; (d) terminating the agreement;
and /or (e) taking any other action and exercising any other legal remedy
available to the City under law.
6. ADMINISTRATION
This Agreement will be administered by the City's Municipal Operations Department.
Herb Wollerman, Electrical Services Supervisor, or his designee, shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or an authorized representative shall represent City in all matters
pertaining to the Services to be rendered pursuant to this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
7.1 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the professional and
technical personnel required to perform the Services required by this
Agreement, and that it will perform all Services in a manner commensurate
with 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. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this
International Line Builders Page 4
Agreement and all applicable federal, state and local laws and the
professional standard of care.
7.2 Contractor represents and warrants to City that it has or shall obtain, and
shall keep in full force and effect during the term of this Agreement, at its
sole cost and expense, all licenses, permits, qualifications, insurance and
approvals of whatsoever nature that is legally required of Contractor to
practice its profession in the State of California. This shall include but not
be limited to, a current, valid license with the Contractors State License
Board. Contractor shall maintain a City of Newport Beach business license
during the term of this Agreement.
7.3 Contractor shall use only the standard materials described in Exhibit A, or in
the letter proposal for Services in performing Services under this
Agreement. Any deviation from the materials described in Exhibit A or the
letter proposal shall not be installed unless approved in advance in writing
by the Project Administrator.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 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,
tools, equipment 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 workers.
8.2 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 supplier selected by the Contractor.
8.3 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
International Line Builders Page 5
indirectly by any of them or for whose acts they may be liable for any or all
of them).
8.3.1 Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any
Claim arising from the sole negligence or willful misconduct of the
Indemnified Parties. Nothing in this indemnity shall be construed as
authorizing any award of attorney's fees in any action on or to
enforce the terms of this Agreement. This indemnity shall apply to all
claims and liability regardless of whether any insurance policies are
applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by the Contractor.
8.4 Contractor shall perform all 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 Work.
8.5 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.
8.6 The rights and obligations set forth in this Section shall survive the
termination of this Contract.
9. 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. Nothing in this Agreement shall be deemed to
constitute approval for Contractor or 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.
10.
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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.
11. 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, 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 billing
rates.
A. Coverage and Limit Requirements.
L 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 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.
ii. 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.
iii. 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.
iv. Builders Risk. For 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
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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.
B. Other Insurance Provisions or Requirements.
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 anytime.
ii. General liability insurance provisions. Primary and excess or umbrella
liability policies are to contain, or be endorsed to contain, the following
provisions:
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.
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
Contractor's 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.
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.
International Line Builders Page 8
iii. 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.
iv. Notice of Cancellation. Contractor agrees to oblige its insurance broker and
insurers to provide to City with thirty (30) days notice of cancellation (except
for nonpayment for which ten (10) days notice is required) or nonrenewal of
coverage for each required coverage except for builders risk insurance. The
builders risk policy will contain or be endorsed to contain a provision providing
for thirty (30) days written notice to City of cancellation or nonrenewal, except
for nonpayment for which ten (10) days notice is required.
v. 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.
vi. 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.
vii. 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.
viii. Enforcement of Contract 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.
iv. 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
International Line Builders Page 9
intended by any party or insured to be all inclusive, or to the exclusion of
other coverage, or a waiver of any type.
x. 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.
A. 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.
xii. 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.
12. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Contract shall be paid to all workmen employed on the Work to
be done according to the Contract by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 7034774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him /her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
13.
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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 shall be permitted only with the express written consent of City. Contractor
shall not subcontract any portion of the work to be performed under this Agreement
without the written authorization of City.
14. 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.
15. 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.
16. 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:
Attention: Herb Wollerman, Electrical Services Supervisor
City of Newport Beach - Utilities Yard
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Phone: 949 - 718 -3406
Fax: 949 - 646 -5204
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All notices, demands, requests or approvals from City to Contractor shall be addressed to
Contractor at:
Attention: Danny Smith
International Line Builders
P.O. Box 3039
Riverside, CA 92519 -3039
Phone: 951 -682 -2982
Fax: 951 - 788 -0686
17. 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.
18. 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.
19. 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.
20. 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.
21. CONFLICTS OR INCONSISTENCIES
IInternational Line Builders Page 12
--------------- - - - - --
In the event there are any conflicts or inconsistencies between this Agreement and the
Scope of Services, the terms of this Agreement shall govern.
22. 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.
23. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has visited
the Project sites, 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.
24. 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.
25. 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.
26. RECORDS
Contractor shall keep records and invoices in connection with the work to be performed
under this Agreement. Contractor shall maintain complete and accurate records with
respect to the costs incurred under this Agreement and any Services, expenditures and
disbursements charged to City, for a minimum period of three (3) years, or for any longer
period required by law, from the date of final payment to Contractor under this
Agreement. All such records and invoices shall be clearly identifiable. Contractor shall
allow a representative of City to examine, audit and make transcripts or copies of such
records and invoices during regular business hours. Contractor shall allow inspection of
all work, data, Documents, proceedings and activities related to the Agreement for a
period of three (3) years from the date of final payment to Contractor under this
Agreement.
27. CLAIMS
Unless a shorter time is specified elsewhere in this Contract, 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. Contractors 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
International Line Builders Page 13
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. ).
28. 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.
29. 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.
30. 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 OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California ryiuni 'pal corporation
Date: Date:
B� Y
B .
Y
Leonie Mulvihill ' a c I7 armon
Assistant City Attorney Municipal Operations Director
ATTEST: CONSULTANT: INTERNATIONAL LINE
Date: ZZ BUILDERS, alifo nia corporation
Date: /l
By: By:
Leilani I. Brown Mi a Bass
City Clerk _ President
Attachments:
documentl
ra
U
GRNIA'
Date: `i -15 - a -o k I
Brad Hul%uist
Controller
Exhibit A - Scope of Services
Exhibit B - Schedule of Billing Rates
International Line Builders Page 15
EXHIBIT A - SCOPE OF SERVICES
Contractor shall provide the following services to the City of Newport Beach Standards
pursuant to this Agreement:
• Removal and replacement of streetlight foundations
• Setting of new streetlight poles
• Boring of conduits
• Pulling of wire
• Setting of pull boxes
Exhibit A -1
EXHIBIT B — SCHEDULE OF BILLING RATES
International Line Builders. Inca
City ofNewport Beach
Attn: Tame Moritz
Labor Rates Effective November 1, 2010 Thru December 31, 2011
Classifies
General Foremen
Foram
Journeyman
Tech.
Straight Timemr.
574.80
$69.38
$63.31
$51.25
Overhead and Markup will be based on Section 3 -32.3
Standard Specification for Public Work Construction
Labor 20%
Material 15%
Equipment 15%
Other Items & Expenditures 15%
Tax 8.5%
Subeonhactor work: 15% for first 52,000.00 —10% anything over
Premium Time/Hr,
S 101.40
S 94.80
$ 86.10
S 67.99
Eggip}}lent D§!Rintioo:
Rate Per Hour.
Diggcr Dwrick
$27.00
Boom Truck/Crane
$3830
Bucket Truck (75' -90')
$48.10
Bucket Track (65' -70')
$39.00
Bucket Truck (50' or Below)
$33.40
Crew Truck
$22.35
Pickup Truck
513.20
Dump Truck
WAS
Underground Splice Truck/Van
$18.30
Utility PolelCable/Reel Trailer
$16.50
Tractor & Low BoyMatbod Trailer
$6820
Underground Cable Puller (10,000 lb. Capacity)
$27.00
Arrawboard
$ 9.00
Air Comp.
$12.55
When Employees work more than two and one half (2.5) hours pest their regular quitting
time, Sundays and Holidays. The Employees will be entitles to a meal at intervals of four
and one half (4.5) hours at the rate of $15.00 and one half (112) hour pay at the applkabk
rate (Premium).
Pricing is based on one year. Any extension of units into 2012 would not exceed 2.5%
Exhibit B -1