HomeMy WebLinkAbout13 - Plumbing Repair ServicesCITY OF
NEWPORT BEACH
City Council Staff Report
August 12, 2014
Agenda Item No. 13
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Mike Pisani, Acting Municipal Operations Department Director — (949) 644 -3055,
mpisani@newportbeachca.gov
PREPARED BY: Maurice Turner
PHONE: (949) 644 -3057
TITLE: Plumbing Repair Services
ABSTRACT:
The City utilizes multiple contractors to perform plumbing repair services at City facilities on an as- needed
basis.
RECOMMENDATION:
Approve three -year agreements with HSW Corporation of Mission Viejo and Pacific Plumbing of Santa Ana
for plumbing repair services at various City -owned facilities at a total not -to- exceed cost of $540,000, and
authorize the Mayor and City Clerk to execute the agreements.
FUNDING REQUIREMENTS:
There are adequate funds in Municipal Operations Department budget to fund these services this fiscal
year, and funds for these services will continue to be budgeted in subsequent fiscal years.
DISCUSSION:
The Facilities Maintenance Division responds to a variety of maintenance issues at all City facilities.
Maintenance & Operations Technicians respond to service requests and determine whether the issues can
be resolved immediately or if the jobs require the specialized skill or equipment of a contractor. This hybrid
approach often requires that there is more than one vendor under contract to ensure that a qualified vendor
is always available to respond in a timely manner.
In April, the Department solicited qualifications for contractors to perform as- needed plumbing repair
services. Five firms responded to the request for qualifications, including three from vendors who have
recently provided plumbing repair services to the City. The qualifications were scored by a three - member
review panel made up of department staff based on qualifications and experience. The top -three vendors
based on technical score were invited to a site -walk so that they could submit their costs. HSW and Pacific
earned outstanding and above average scores in the areas of overall experience and references. The total
scores and hourly rates are below.
Therefore, agreements with the two highest- scoring vendors are submitted for Council approval. The term
of each of the agreements is for three (3) years. The annual cost of the agreement with HSW Corporation
shall not exceed $120,000 and the annual cost of the agreement with Pacific Plumbing shall not exceed
$60,000 . Both of the vendors may be utilized by any City department if the need arises.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to CEQA.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Professional Services Agreement with Hoffman Southwest Corp.
Attachment B - Professional Services Agreement with Pacific Plumbing
HSW Corporation JPacific
Plumbing
erne's Plumbing
otal Score
(out of 70)
65
61
6
Hourly Rate
$97.00
$84.00
1$95.00
Therefore, agreements with the two highest- scoring vendors are submitted for Council approval. The term
of each of the agreements is for three (3) years. The annual cost of the agreement with HSW Corporation
shall not exceed $120,000 and the annual cost of the agreement with Pacific Plumbing shall not exceed
$60,000 . Both of the vendors may be utilized by any City department if the need arises.
ENVIRONMENTAL REVIEW:
This action requires no environmental review, as it is not a project pursuant to CEQA.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Professional Services Agreement with Hoffman Southwest Corp.
Attachment B - Professional Services Agreement with Pacific Plumbing
ATTACHMENT A
MAINTENANCE /REPAIR SERVICES AGREEMENT
WITH HOFFMAN SOUTHWEST CORP., DBA ROTO- ROOTER SERVICE &
PLUMBING CO. FOR PLUMBING SERVICES
THIS MAINTENANCE /REPAIR SERVICES AGREEMENT ( "Agreement ") is
made and entered into as of this 5th day of August, 2014 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and Hoffman Southwest Corp., DBA Roto- Rooter Service &
Plumbing Co., a California corporation ( "Contractor'), whose address is 23311 Madero,
Mission Viejo, CA, 92691, 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 perform maintenance and /or repair services
for City ( "Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and /or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation 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 Effective Date, and shall
terminate on August 12, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work "). As a material inducement to 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
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
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 all Work 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
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or 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 within two (2) calendar days of the occurrence causing the delay 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 defined herein, not 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
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
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. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractor's compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed Three Hundred Sixty Thousand Dollars and 00/100
($360,000.00), without prior 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 and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 2
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Don Hatcher to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 3
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 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 or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 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 industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, 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. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractors Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 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 Contractors 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.
9.2 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 Contractors Work on the Project, or the
Work of any subcontractor or supplier selected by Contractor.
9.3 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 4
(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).
9.4 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 attorneys' 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
Contractor.
9.5 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 by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this 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 any of Contractors 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 of the Work 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.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 5
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint-venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. PREVAILING WAGES
16.1 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
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 6
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) 703 -4774 and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain the
wage determinations from the Department of Industrial Relations and post at the job site
the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him /her to comply with all State of California labor laws, rules and
regulations, and the parties agree that the City shall not be liable for any violation
thereof.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services 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
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 7
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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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 Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Municipal Operations Department
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 8
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Don Hatcher
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co.
1183 N. Kraemer Place
Anaheim, CA 92806
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this 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. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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 reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 9
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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 agreement or implied covenant shall be held to vary the provisions
herein.
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 10
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTQ�[\IIE�Y'S OFFICE
Date: jj((�� II
By: WII—
aron C. Harp u #ffi alslw
City Attorney
ATTEST:
Date:
LIN
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Rush N. Hill, II
Mayor
CONTRACTOR: Hoffman Southwest
Corp., DBA Roto- Rooter Service &
Plumbing Co., a California corporation
Date:
By:
Monte Yoder
Vice President, Finance
Date:
By:
Mark Metcalfe
Vice President, Operations
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page 12
EXHIBIT A
SCOPE OF SERVICES
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page A -1
• INTENT
o Provide as- needed plumbing repair services at City facilities.
DESCRIPTION OF PROJECT
o Furnish all labor, equipment, and supervision to perform plumbing
repair services as described herein including, but not limited to, the
following:
■ Detection of leaks
• Inspection and repair of leaks, drainage issues, faulty
plumbing.
• Repair, removal, and /or replacement of plumbing fixtures.
■ Inspection and clearing of clogged plumbing, sink vents,
drains
QUALITY OF WORK AND MATERIALS
o All material furnished by the Contractor shall be new, high - grade,
and free from defects and imperfections, unless otherwise
hereinafter specified. Workmanship shall be in accordance with the
HIGHEST INDUSTRY STANDARDS. Both materials and
workmanship shall be subject to the approval of the Project
Administrator. All materials used shall be approved in advance by
the Project Administrator.
o The City will provide blank inspection records that will be completed
by the Contractor while servicing all locations. The Contractor shall
conform to all City practices and procedures. All City purchases
will be for the sole expressed use of and for the City. The
Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives. All
materials and inventories shall be made available to the City upon
request.
o Contractor shall provide all tools and additional materials to
complete the work.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and
5:00 p.m. Normal working days are Monday through Friday
excluding holidays.
• WORKMANSHIP AND SUPERVISION
o The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to
the specifications. All supervisory personnel must be able to
communicate effectively in English (both orally and in writing). Any
order given to supervisory personnel shall be deemed delivered to
the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
o Work shall be performed by competent and experienced workers.
o All personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Project
Administrator. All personnel shall wear identification badges or
patches, and employees working adjacent to traffic lanes must
wear safety vests.
o Persons employed by the Contractor who are found not to be
satisfactory by the City shall be discharged or reassigned by the
Contractor on fifteen (15) days notice from the City.
• SUPERVISION OF CONTRACT
o Contractor shall designate a Project Manager to serve as the main
contact for the Contractor throughout the project. The Project
Manager shall have the authority to handle and resolve any
contract disputes with the City and be experienced in supervising
the requested services.
• CONTRACTOR'S OFFICE
o Contractor is required to maintain an office within a 30 minutes
response time of the job site and provide the office with phone
service during normal working hours. During all other times, a
telephone answering service shall be utilized and the answering
service shall be capable of contacting the Contractor by cell phone
or pager. Contractor shall have a maximum response time of thirty
(30) minutes to all emergencies. There will be no on -site storage of
equipment or materials. Contractor will have full responsibility for
maintaining an office and on -site storage of equipment or materials.
• SPECIFICATIONS
o These specifications are intended to cover all labor, material and
standards of installation to be employed in the work called for in
these specifications or reasonably implied by terms of same. Work
or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary
for the completion of this work, shall be performed by the
Contractor as if described in the specifications.
o Any specific problem area which does not meet the conditions of
the specifications set forth herein shall be called to the attention of
the Contractor and if not corrected, payment to the Contractor will
not be made until condition is corrected in a satisfactory manner as
set forth in the specifications.
• CORRESPONDENCE
o All correspondence shall be addressed to the Project Administrator,
Municipal Operations Department, City of Newport Beach, 100
Civic Center Drive, Newport Beach, CA 92660.
• PROVISIONS FOR EXTRAS
o No new work of any kind shall be considered an extra unless a
separate estimate is given for said work and the estimate is
approved in writing by the City before the work is commenced. The
Contractor will be required to provide before and after photographs
of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be
required on some occasions.
o Should a change or extra work be found necessary by the City, all
changes and extra work shall be performed at the same unit price
of any proposal item listed. If the work is not listed as a proposal
item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization will be issued by the City.
o The City reserves the right to increase or decrease the quantity of
any item(s) or portion(s) of the work described in the specifications
or the proposal form or to omit portions of the work so described as
may be deemed necessary or expedient by the Project
Administrator or designated representative and the Contractor shall
agree not to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any
kind of work to be done. The City shall reduce the price
accordingly. Alterations, modifications or deviations from the work
described in the scope of services by Contractor shall be subject to
the prior written approval of the City. Any price adjustments shall be
made by mutual consent of the parties in that case.
• RECORDS
o The Contractor shall keep accurate records concerning all of
his /her employees or agents. The Contractor shall provide this
information in an organizational chart as changes in staffing occur.
o The Contractor shall complete a work completion report indicating
work performed and submit this completed report to the Project
Administrator. This report should also contain a description,
including staff - hours, equipment, and materials breakdowns and
costs used to accomplish any additional work which the Contractor
deems to be beyond the scope of the contract and which has been
approved by the City in accordance with the Agreement. Payment
for any extra work will not be authorized unless the additional work
and costs thereof are first approved in writing by the City in
accordance with the Agreement.
o The Contractor shall permit the City to inspect and audit its books
and records regarding City - provided services during regular
business hours.
• RESPONSIBILITY FOR DAMAGES OR INJURY
o 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.
o 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
Contractors Work on the Project, or the Work of any subcontractor
or supplier selected by Contractor.
o 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,
attorneys' 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, Contractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or
any or all of them).
• BONDING /GUARANTEES
o Unless otherwise specified, the Contractor shall guarantee that the
work performed under the Contract will be performed to the
HIGHEST INDUSTRY STANDARDS specified in the RFP and
remain as such for the term of the contract. Whenever, in these
specifications, written guarantees are requested, or specified, the
Contractor shall guarantee the products or installations therein
described for the time specified and no further guarantee shall be
required.
o If defective material or workmanship is discovered by the City in the
work proposed within the contract, and this defective material or
workmanship requires repairs to be made under this guarantee, all
such repair work shall be done by and at the expense of the
Contractor. Should the Contractor fail to repair such damage within
five (5) working days thereafter, the City may be the necessary
repairs and charge the Contractor with the immediate attention, the
City shall have the right to repair the defect or damage and charge
the Contractor with the actual cost of all labor and material
required.
EMERGENCY SERVICES
o The Contractor will provide the City with the telephone number that
can be called by City representatives when emergency repair
services are required outside of normal working hours. The
Contractor shall respond to said emergency within sixty (60)
minutes from receiving notification.
• SAFETY REQUIREMENTS
o All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where
applicable comply with all safety standards required by CAL -OSHA.
The City reserves the right to issue restraint, or cease and desist
orders to the Contract when unsafe or harmful acts are observed or
reported relative to the performance under this contract. All
contractor employees shall have access to a W.A.T.C.H. (Work
Area Traffic Control Handbook) at all times.
o The Contractor shall maintain all work sites free of hazards to
persons and /or property resulting from his /her operations. Any
hazardous condition noted by the Contractor, which is not a result
of his /her operations, shall be immediately reported to the City.
o Warning signs, lights, and devices shall be installed and displayed
in conformity with 'The California Manual on Uniform Traffic
Devices" for use in performance of work upon highways issued by
the State of California, Department of Transportation.
EXHIBIT B
SCHEDULE OF BILLING RATES
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page B -1
Schedule of Billing Rates
Normal Time:
(consecutive billable hours 1 -8)
$97.00
Overtime:
(consecutive billable hours 9 -16)
$145.00
Double Time:
(consecutive billable hours 17 +)
$194.00
Minimum Hours:
1
Parts Markup:
15%
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractors indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, 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.
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.
3. Coverage Requirements.
A. 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.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. 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. The
policy shall cover liability arising from premises, operations, 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).
C. 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 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
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page C -1
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. 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 subconsultants.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile 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.
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. 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
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page C -2
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. 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. Contractor shall require and verify that
all subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as
CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. 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.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant 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.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page C -3
H. 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 Contract, 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.
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.
Hoffman Southwest Corp., DBA Roto- Rooter Service & Plumbing Co. Page C -4
ATTACHMENT B
MAINTENANCE /REPAIR SERVICES AGREEMENT
WITH PACIFIC PLUMBING COMPANY OF SANTA ANA FOR
PLUMBING SERVICES
THIS MAINTENANCE /REPAIR SERVICES AGREEMENT ( "Agreement') is
made and entered into as of this 5th day of August, 2014 ( "Effective Date "), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ( "City "), and Pacific Plumbing Company of Santa Ana, a California
corporation ( "Contractor"), whose address is 615 E. Washington Ave., Santa Ana, CA,
92701, 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 perform maintenance and /or repair services
for City ( "Project').
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and /or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by City for the Project, is familiar with
all conditions relevant to the performance of services, and has committed to
perform all work required for the compensation 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 Effective Date, and shall
terminate on August 12, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall diligently perform all the services described in the Scope
of Services attached hereto as Exhibit A and incorporated herein by reference
( "Services" or "Work'). As a material inducement to 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
industry standards in performing the Work required hereunder and that all materials will
be of good quality. For purposes of this Agreement, the phrase "highest industry
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 all Work 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
3.1 Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. In the absence of a specific schedule, the Services shall be
performed to completion in a diligent and timely manner. The failure by Contractor to
strictly adhere to the schedule set forth in Exhibit A, if any, or 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 Contractors 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 within two (2) calendar days of the occurrence causing the delay 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 defined herein, not 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 Contractors 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
fax, hand - delivery or mail.
4. COMPENSATION TO CONTRACTOR
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. Except
as otherwise provided herein, no rate changes shall be made during the term of this
Agreement without the prior written approval of City. Contractors compensation for all
Services performed in accordance with this Agreement, including all reimbursable
items, shall not exceed One Hundred Eighty Thousand Dollars and 00 /100
($180,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractors bills shall include the name and /or
classification of employee who performed the Work, a brief description of the Services
performed and /or the specific task in the Scope of Services to which it relates, the date
the Services were performed, the number of hours spent on all Work billed on an hourly
Pacific Plumbing Company of Santa Ana Page 2
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses
specifically identified in Exhibit B to this Agreement, or specifically approved in writing in
advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the
Project, but which is not included within the Scope of Services and which the parties did
not reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Jim Bette to be its Project
Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
City's Utilities Manager or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement. The Project Administrator shall
represent City in all matters pertaining to the Services to be rendered pursuant to this
Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
Pacific Plumbing Company of Santa Ana Page 3
in Exhibit A shall not be installed or utilized unless approved in advance and in writing
by the Project Administrator.
8.2 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 industry standards. All Services shall be performed
by qualified and experienced personnel who are not employed by City. By delivery of
completed Work, Contractor certifies that the Work conforms to the requirements of this
Agreement and all applicable federal, state and local laws and the industry standard.
8.3 Contractor represents and warrants to City that it has, shall obtain and
shall keep in full force and effect during the term hereof, 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. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 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 Contractors 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.
9.2 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 Contractor.
9.3 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,
attorneys' 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,
Pacific Plumbing Company of Santa Ana Page 4
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).
9.4 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 attorneys' 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
Contractor.
9.5 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 by Contractor or its agents.
9.6 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.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
It is understood that City retains Contractor on an independent contractor basis
and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this 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 any of Contractor's employees or agents, to be the agents or employees
of City. Contractor shall have the responsibility for and control over the means of
performing the Work, provided that Contractor is in compliance with the terms of this
Agreement. Anything in this Agreement that may appear to give City the right to direct
Contractor as to the details of the performance of the Work 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.
Pacific Plumbing Company of Santa Ana Page 5
11. 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 Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in
order to ensure the Project proceeds in a manner consistent with City goals and
policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. 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 or for other periods as specified in this Agreement, policies of
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall
be construed as an assignment: The sale, assignment, transfer or other disposition of
any of the issued and outstanding capital stock of Contractor, or of the interest of any
general partner or joint venturer or syndicate member or cotenant if Contractor is a
partnership or joint- venture or syndicate or cotenancy, which shall result in changing the
control of Contractor. Control means fifty percent (50 %) or more of the voting power or
twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint -
venture.
16. 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 Agreement shall be paid to all workmen employed on the Work
to be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Pacific Plumbing Company of Santa Ana Page 6
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703 -4774, and
requesting one from the Department of Industrial Relations. The Contractor is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Contractor or any subcontractor under him /her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof.
17. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A. Contractor shall be fully responsible to City for all acts and
omissions of any subcontractor. Nothing in this Agreement shall create any contractual
relationship between City and any 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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and City. Except as specifically authorized herein, the
Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
18. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents "), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole
right to use such materials in its discretion without further compensation to Contractor or
any other party. Contractor shall, at Contractor's expense, provide such Documents to
City upon prior written request.
19. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept
confidential unless City expressly authorizes in writing the release of information.
20. RECORDS
Contractor shall keep records and invoices in connection with the Services 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
Pacific Plumbing Company of Santa Ana Page 7
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.
21. 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.
22. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
23. CONFLICTS OF INTEREST
23.1 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.
23.2 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 Contractor's violation of this
Section.
24. NOTICES
24.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first -
class mail, addressed as hereinafter provided.
24.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
Attn: Utilities Manager
Pacific Plumbing Company of Santa Ana Page 8
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
24.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Jim Bette
Pacific Plumbing Company of Santa Ana
P.O. Box 1494
Santa Ana, CA 92701
25. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this 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. Contractor and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Contractor shall be required to file any claim
Contractor may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
26. TERMINATION
26.1 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, and thereafter diligently take steps to cure the default, the non - defaulting
party may terminate the Agreement forthwith by giving to the defaulting party written
notice thereof.
26.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than 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,
Pacific Plumbing Company of Santa Ana Page 9
Contractor shall deliver to City all reports, Documents and other information developed
or accumulated in the performance of this Agreement, whether in draft or final form.
27. LABOR
27.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor
Standards Act ( "FLSA ") (29 USCA § 201, et seq.).
27.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
27.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
27.4 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 from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any
applicable federal, state and local labor laws or law, rules, and /or regulations. This
obligation shall survive the expiration and /or termination of the Agreement.
28. STANDARD PROVISIONS
28.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
28.2 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. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be
subject to approval of the Project Administrator and City.
28.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent
breach of the same or any other term, covenant or condition contained herein, whether
of the same or a different character.
28.4 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 agreement or implied covenant shall be held to vary the provisions
herein.
Pacific Plumbing Company of Santa Ana Page 10
28.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
28.6 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.
28.7 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.
28.8 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.
28.9 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, State of California.
28.10 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, age or any other impermissible basis under law.
28.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
28.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Pacific Plumbing Company of Santa Ana Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT EY'S OFFICE
Date:
By: V
Aaron C. Harp CnM g1cli`1
City Attorney
ATTEST:
Date:
go
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Rush N. Hill, II
Mayor
CONTRACTOR: Pacific Plumbing
Company of Santa Ana, a California
corporation
Date:
Bv:
Lisa Zech
Secretary
Date:
By:
Gordon Aiton
Operations Manager
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Pacific Plumbing Company of Santa Ana Page 12
EXHIBIT A
SCOPE OF SERVICES
Pacific Plumbing Company of Santa Ana Page A -1
• INTENT
o Provide as- needed plumbing repair services at City facilities.
• DESCRIPTION OF PROJECT
o Furnish all labor, equipment, and supervision to perform plumbing
repair services as described herein including, but not limited to, the
following:
• Detection of leaks
• Inspection and repair of leaks, drainage issues, faulty
plumbing.
• Repair, removal, and /or replacement of plumbing fixtures.
• Inspection and clearing of clogged plumbing, sink vents,
drains
• QUALITY OF WORK AND MATERIALS
o All material furnished by the Contractor shall be new, high - grade,
and free from defects and imperfections, unless otherwise
hereinafter specified. Workmanship shall be in accordance with the
HIGHEST INDUSTRY STANDARDS. Both materials and
workmanship shall be subject to the approval of the Project
Administrator. All materials used shall be approved in advance by
the Project Administrator.
o The City will provide blank inspection records that will be completed
by the Contractor while servicing all locations. The Contractor shall
conform to all City practices and procedures. All City purchases
will be for the sole expressed use of and for the City. The
Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives. All
materials and inventories shall be made available to the City upon
request.
o Contractor shall provide all tools and additional materials to
complete the work.
• WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and
5:00 p.m. Normal working days are Monday through Friday
excluding holidays.
• WORKMANSHIP AND SUPERVISION
The work force shall include a thoroughly skilled, experienced, and
competent supervisor who shall be responsible for adherence to
the specifications. All supervisory personnel must be able to
communicate effectively in English (both orally and in writing). Any
order given to supervisory personnel shall be deemed delivered to
the Contractor. The supervisor assigned must be identified by
name to ensure coordination and continuity.
o Work shall be performed by competent and experienced workers.
o All personnel working at the outlined areas shall be neat in
appearance and in uniforms as approved by the Project
Administrator. All personnel shall wear identification badges or
patches, and employees working adjacent to traffic lanes must
wear safety vests.
o Persons employed by the Contractor who are found not to be
satisfactory by the City shall be discharged or reassigned by the
Contractor on fifteen (15) days notice from the City.
• SUPERVISION OF CONTRACT
o Contractor shall designate a Project Manager to serve as the main
contact for the Contractor throughout the project. The Project
Manager shall have the authority to handle and resolve any
contract disputes with the City and be experienced in supervising
the requested services.
• CONTRACTOR'S OFFICE
o Contractor is required to maintain an office within a 30 minutes
response time of the job site and provide the office with phone
service during normal working hours. During all other times, a
telephone answering service shall be utilized and the answering
service shall be capable of contacting the Contractor by cell phone
or pager. Contractor shall have a maximum response time of thirty
(30) minutes to all emergencies. There will be no on -site storage of
equipment or materials. Contractor will have full responsibility for
maintaining an office and on -site storage of equipment or materials.
SPECIFICATIONS
o These specifications are intended to cover all labor, material and
standards of installation to be employed in the work called for in
these specifications or reasonably implied by terms of same. Work
or materials of a minor nature which may not be specifically
mentioned, but which may be reasonably assumed as necessary
for the completion of this work, shall be performed by the
Contractor as if described in the specifications.
o Any specific problem area which does not meet the conditions of
the specifications set forth herein shall be called to the attention of
the Contractor and if not corrected, payment to the Contractor will
not be made until condition is corrected in a satisfactory manner as
set forth in the specifications.
• CORRESPONDENCE
o All correspondence shall be addressed to the Project Administrator,
Municipal Operations Department, City of Newport Beach, 100
Civic Center Drive, Newport Beach, CA 92660.
• PROVISIONS FOR EXTRAS
o No new work of any kind shall be considered an extra unless a
separate estimate is given for said work and the estimate is
approved in writing by the City before the work is commenced. The
Contractor will be required to provide before and after photographs
of safety items or emergency repairs which were made without prior
City approval. Documentation of contract compliance may be
required on some occasions.
o Should a change or extra work be found necessary by the City, all
changes and extra work shall be performed at the same unit price
of any proposal item listed. If the work is not listed as a proposal
item, the Contractor shall submit a fair cost for the work to be
performed. A change order authorization will be issued by the City.
o The City reserves the right to increase or decrease the quantity of
any item(s) or portion(s) of the work described in the specifications
or the proposal form or to omit portions of the work so described as
may be deemed necessary or expedient by the Project
Administrator or designated representative and the Contractor shall
agree not to claim or bring suit for damages, whether for loss of
profits or otherwise, on account of any decrease or omission of any
kind of work to be done. The City shall reduce the price
accordingly. Alterations, modifications or deviations from the work
described in the scope of services by Contractor shall be subject to
the prior written approval of the City. Any price adjustments shall be
made by mutual consent of the parties in that case.
RECORDS
o The Contractor shall keep accurate records concerning all of
his /her employees or agents. The Contractor shall provide this
information in an organizational chart as changes in staffing occur.
o The Contractor shall complete a work completion report indicating
work performed and submit this completed report to the Project
Administrator. This report should also contain a description,
including staff - hours, equipment, and materials breakdowns and
costs used to accomplish any additional work which the Contractor
deems to be beyond the scope of the contract and which has been
approved by the City in accordance with the Agreement. Payment
for any extra work will not be authorized unless the additional work
and costs thereof are first approved in writing by the City in
accordance with the Agreement.
o The Contractor shall permit the City to inspect and audit its books
and records regarding City - provided services during regular
business hours.
• RESPONSIBILITY FOR DAMAGES OR INJURY
o 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
Contractors 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.
o 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
Contractors Work on the Project, or the Work of any subcontractor
or supplier selected by Contractor.
o 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,
attorneys' 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, Contractors, anyone employed directly or
indirectly by any of them or for whose acts they may be liable or
any or all of them).
• BONDING /GUARANTEES
o Unless otherwise specified, the Contractor shall guarantee that the
work performed under the Contract will be performed to the
HIGHEST INDUSTRY STANDARDS specified in the RFP and
remain as such for the term of the contract. Whenever, in these
specifications, written guarantees are requested, or specified, the
Contractor shall guarantee the products or installations therein
described for the time specified and no further guarantee shall be
required.
o If defective material or workmanship is discovered by the City in the
work proposed within the contract, and this defective material or
workmanship requires repairs to be made under this guarantee, all
such repair work shall be done by and at the expense of the
Contractor. Should the Contractor fail to repair such damage within
five (5) working days thereafter, the City may be the necessary
repairs and charge the Contractor with the immediate attention, the
City shall have the right to repair the defect or damage and charge
the Contractor with the actual cost of all labor and material
required.
• EMERGENCY SERVICES
o The Contractor will provide the City with the telephone number that
can be called by City representatives when emergency repair
services are required outside of normal working hours. The
Contractor shall respond to said emergency within sixty (60)
minutes from receiving notification.
• SAFETY REQUIREMENTS
o All work performed under this contract shall be performed in such a
manner as to provide maximum safety to the public and where
applicable comply with all safety standards required by CAL -OSHA.
The City reserves the right to issue restraint, or cease and desist
orders to the Contract when unsafe or harmful acts are observed or
reported relative to the performance under this contract. All
contractor employees shall have access to a W.A.T.C.H. (Work
Area Traffic Control Handbook) at all times.
o The Contractor shall maintain all work sites free of hazards to
persons and /or property resulting from his /her operations. Any
hazardous condition noted by the Contractor, which is not a result
of his /her operations, shall be immediately reported to the City.
o Warning signs, lights, and devices shall be installed and displayed
in conformity with "The California Manual on Uniform Traffic
Devices" for use in performance of work upon highways issued by
the State of California, Department of Transportation.
EXHIBIT B
SCHEDULE OF BILLING RATES
Pacific Plumbing Company of Santa Ana Page B -1
Schedule of Billing Rates
Normal Time:
$84.00
(Monday - Friday 5am - 4pm)
Overtime:
$126.69
(Monday - Friday 4pm - 5am; Saturday - Sunday)
Double Time:
$168.92
(All Holidays)
Minimum Hours:
2
Parts Markup:
25%
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE /REPAIRMANITORIAL SERVICES
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.
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.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain
Workers' Compensation Insurance, statutory limits, and Employer's
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.
Contractor shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. 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. The policy shall cover liability arising from premises,
operations, 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).
C. 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
Contractor arising out of or in connection with Work to be performed under
this Agreement, including coverage for any owned, hired, non -owned or
Pacific Plumbing Company of Santa Ana Page C -1
rented vehicles, in an amount not less than one million dollars
($1,000,000) combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be
endorsed to contain, the following provisions:
A. 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 subconsultants.
B. Additional Insured Status. All liability policies including general
liability, products and completed operations, excess liability, pollution
liability, and automobile 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.
C. 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.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to
the following:
A. 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 Agreement. City reserves the right to require complete,
certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and types
of insurance required by giving Contractor sixty (60) calendar days
advance written notice of such change. If such change results in
Pacific Plumbing Company of Santa Ana Page C -2
substantial additional cost to Contractor, City and Contractor may
renegotiate Contractor's compensation.
C. 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. Contractor shall require
and verify that all subcontractors maintain insurance meeting all the
requirements stated herein, and Contractor shall ensure that City is an
additional insured on insurance required from subcontractors. For CGL
coverage, subcontractors shall provide coverage with a format at least as
broad as CG 20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges
and agrees that any actual or alleged failure on the part of City to inform
Contractor of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. 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. If the
Contractor maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Contractor. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
F. 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.
G. City Remedies for Non - Compliance If Contractor or any sub -
consultant 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.
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H. 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 Contractors performance under this Contract, 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.
Contractors 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.
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