HomeMy WebLinkAbout23 - Agreement for Citywide Streetlight Maintenance and As-Needed Repair ServicesCTY OF
F
NEWPORT BEACH
City Council Staff Report
July 14, 2015
Agenda Item No. 23
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: George Murdoch, Acting Municipal Operations Department Director - (949) 644-
3011, gmurdoch@newportbeachca.gov
PREPARED BY: Rachell Wilfert, Management Assistant
PHONE: (949) 644-3010
TITLE: Approval of Agreement with International Line Builders, Inc. for Citywide Streetlight
Maintenance and As -Needed Repair Services
ABSTRACT:
The City has approximately 6,000 streetlights and over 700 other City -owned lighting fixtures that are
maintained through contract services. The current contract for these services is about to expire. Staff has
solicited for and received proposals from qualified firms and proposes the following recommendation.
RECOMMENDATION:
Approve the Maintenance and Repair Agreement with International Line Builders, Inc. for Citywide
Streetlight Maintenance and As -Needed Repair Services for a term of five years with a total amount not to
exceed by $1,353,425.00, and authorize the Mayor and City Clerk to execute the agreement.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding for this service.
DISCUSSION:
The City has approximately 6,000 streetlights and over 700 other City -owned lighting fixtures that are
maintained and replaced through contract services. Other lighting fixtures include: bollards, park lights,
parking lot lights, tree lights/up lighting and beach flood lights. The new Contractor will also be responsible
for purchasing streetlight materials, previously purchased by the City.
In anticipation of the current agreement expiring, the Municipal Operations Department prepared a Request
for Proposal on March 31, 2015. A total of six proposals were received and subsequently evaluated by a
selection panel on the basis of qualifications, availability, experience and cost.
In additional to the annual routine maintenance cost listed below, the new agreement will include an
additional $55,000 annually for the cost of materials and unforeseen repairs.
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Rank
1
Proposer
Aegis ITS
Technical
Score (out of
50)
33.5
Cost Ratio
Score
(out of 50)
Total Score Annual Routine
Maintenance
(out of 100) Costs
50.00
83.50
$111,624.00
2
International Line
Builders, Inc.
43.5
25.88
69.38
$215,685.00
3
Asplundh
39.00
1 17.70
56.70
$315,276.00
4
City Light and Power
42.00
14.27
56.27
$391,224.00
5
Delta G 1
17.50
13.93
31.43
$400,620.00
6
MRF 1
00.00"
4.79
4.79
$1,165,680.00
*Proposer did not provide any information regarding the company other than a price sheet
and was evaluated accordingly.
Upon the conclusion of the evaluation process, the City attempted to negotiate contract terms with
the number one ranked proposer, Aegis ITS. During negotiations, Aegis ITS refused to comply with the
City's indemnity language; therefore, Aegis ITS chose to withdraw from the process. Subsequently, the City
was able to come terms with the second highest bidder. Therefore, Municipal Operations Department
recommends International Line Builders, Inc. to provide Citywide Streetlight Maintenance Services. The
agreement will be for a term of five years with a total amount not to exceed $1,353,425.00 which includes
labor and supplies.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California Environmental Quality Act
("CEQA') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in
Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it
has no potential for resulting in physical change to the environment, directly or indirectly.
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 - Aareement
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ATTACHMENT A
MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH INTERNATIONAL LINE BUILDERS, INC. FOR
CITYWIDE STREETLIGHT MAINTENANCE AND AS -NEEDED REPAIRS
THIS MAINTENANCE/REPAIR SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 14th day of July, 2015 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and INTERNATIONAL LINE BUILDERS, INC., a Delaware
corporation ("Contractor'), whose address is 2520 Rubidoux Boulevard, Riverside,
California 92509, 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 July 31, 2020, 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
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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 One Million Three Hundred Fifty Three Thousand Four
Hundred Twenty Five Dollars and 00/100 ($1,353,425.00), without prior written
amendment to the Agreement.
4.2 Upon the first anniversary of the Effective Date and upon each
anniversary of the Effective Date thereafter, the billing rates set forth in Exhibit B
("Billing Rates") shall be adjusted in proportion to changes in the Consumer Price Index,
subject to the maximum adjustment set forth below. Such adjustment shall be made by
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multiplying the Billing Rates in Exhibit B by a fraction, the numerator of which is the
value of the Consumer Price Index for the calendar month three (3) months preceding
the calendar month for which such adjustment is to be made, and the denominator of
which is the value of the Consumer Price Index for the same calendar month
immediately prior to Effective Date. The Consumer Price Index to be used in such
calculation is the "Consumer Price Index, All Items, 1982-84=100 for All Urban
Consumers (CPI -U)", for the Los Angeles -Riverside -Orange County Metropolitan Area,
published by the United States Department of Labor, Bureau of Labor Statistics. If both
an official index and one or more unofficial indices are published, the official index shall
be used. If said Consumer Price Index is no longer published at the adjustment date, it
shall be constructed by conversion tables included in such new index. In no event,
however, shall the amount payable under this Agreement be reduced below the Billing
Rates in effect immediately preceding such adjustment. The maximum adjustment
increase to the Billing Rates, for any year where an adjustment is made pursuant to this
Section, shall not exceed the Consumer Price Index or 2.0% of the Billing Rates in
effect immediately preceding such adjustment, whichever is less.
4.3 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
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.
4.4 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.
4.5 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 Kevin Nelsen 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.
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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
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.
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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 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.
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,
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
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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.
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Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with 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.
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15. BONDING
15.1 Contractor shall obtain, provide, and maintain annually at its own expense
during the term of this Agreement: a Labor and Materials Payment Bond in the amount
of one hundred percent (100%) of the total amount paid by Contractor as set forth in this
Agreement and in the form attached hereto as Exhibit D which is incorporated herein by
this reference.
15.2 The Labor and Materials Payment shall be issued by an insurance
organization or surety (1) currently authorized by the Insurance Commissioner to
transact business of insurance in the State of California, (2) listed as an acceptable
surety in the latest revision of the Federal Register Circular 570, and (3) assigned a
Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
15.3 Contractor shall deliver, concurrently with execution of this Agreement, the
Labor and Materials Payment Bond, a certified copy of the "Certificate of Authority" of
the Insurer or Surety issued by the Insurance Commissioner, which authorizes the
Insurer or Surety to transact surety insurance in the State of California.
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
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.
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17. 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.
18. 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.
19. 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.
20. 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.
21. 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)
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years, or for any longer period required by law, from the date of final payment to
Contractor under this Agreement. All such records and invoices shall be clearly
identifiable. Contractor shall allow a representative of City to examine, audit and make
transcripts or copies of such records and invoices during regular business hours.
Contractor shall allow inspection of all Work, data, Documents, proceedings and
activities related to the Agreement for a period of three (3) years from the date of final
payment to Contractor under this Agreement.
22. 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.
23. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Contractor to City shall
be addressed to City at:
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Attn: Utilities Manager
Municipal Operations Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Kevin Nelsen
International Line Builders, Inc.
2520 Rubidoux Blvd.
Riverside, CA 92509
26. 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.).
27. TERMINATION
27.1 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.
27.2 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,
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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.
28. LABOR
28.1 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.).
28.2 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.
28.3 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.
28.4 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.
29. STANDARD PROVISIONS
29.1 Recitals. City and Contractor acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference.
29.2 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.
29.3 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.
29.4 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.
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29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 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.
29.11 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.
29.12 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]
International Line Builders, Inc. Page 12
23-14
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT RNEY'S OFFICE
Date:
By: 7)q� —
Aaron C. Harp (AM olarl,c
City Attorney
ATTEST:
Date:
L0
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Edward D. Selich
Mayor
CONTRACTOR: International Line
Builders, Inc., a Delaware corporation
Date:
By:
Mike Bass
President
Date:
Bv:
Brad Hulquist
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Exhibit D — Labor and Materials Payment Bond
International Line Builders, Inc. Page 13 23-15
EXHIBIT A
SCOPE OF SERVICES
International Line Builders, Inc. Page A-1
23-16
VXEWPRr
CI41FOON
SCOPE OF SERVICES
DUTIES AND RESPONSIBILITIES
INTENT
o The intent of this Request for Proposal is to select and enter into a maintenance
agreement with the highest -qualified Contractor that will provide professional
streetlight maintenance and emergency and on-call supplemental repair services.
DESCRIPTION OF PROJECT
o Furnish all labor, tools, expendable equipment, materials, transportation services
necessary to perform the services outlined in this RFP described herein including,
but not limited to, the following:
• Routine maintenance services for the City's streetlights and bollards as a
result of normal operational wear and tear, including light out service
requests.
• Repair or replacement of materials as a result of collision, mischief, and/or
acts of nature.
• Contractor must be able to safe off any electrical hazard including high
voltage series streetlights (less than 6,000 volts).
QUALITY OF WORK AND MATERIALS
o The 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, including delivery,
storage and handling of products.
o All material and equipment furnished by the Contractor shall be high grade, and
free from defects and imperfections, unless otherwise hereinafter specified.
Workmanship shall be in accord with the best standard practices. Both materials
and workmanship shall be subject to the approval of the Project Administrator.
o The actual cost of all materials passed on to the City shall be wholesale cost of the
material. The wholesale cost shall be the actual cost paid by the Contractor
reflecting the best price, including discounts available. Receipts shall be required for
reimbursements.
23-17
• At no time shall the cost of materials exceed retail cost from the current
price list, minus the discount rates.
• Typical costs of the streetlight poles, bulbs, ballasts, photocells, etc. to be
submitted to the City prior to approval.
o The City reserves the right to purchase materials directly and make them available to
the Contractor. In the event the City exercises the option to purchase the materials,
the following conditions will apply:
o Contractor shall conform to all City practices and procedures.
o All City purchases will be for the sole expressed use of and for the City.
o The Contractor shall secure, store, inventory, distribute and control all
materials entrusted to the Contractor's representatives.
o All materials and inventories shall be made available to the City upon
request.
o The Contractor will not include the materials cost for the specified work for
which the City provided parts.
o All work shall be performed in accordance with the HIGHEST INDUSTRY
STANDARDS, as stated in the specifications described herein. Standards and
frequencies may be modified from time to time as deemed necessary by the City
for the proper maintenance of the sites.
o If, in the judgment of the City, the quality of work is less than that specified herein,
the City shall, at its option, in addition to or in lieu of other remedies provided
herein, withhold appropriate payment from the Contractor until services are
rendered in accordance with specifications set forth within this document and
providing no other arrangements have been made between the Contractor and the
City. Failure to notify of a change and/or failure to perform an item or work on a
scheduled day may, at the City's sole discretion, result in deduction of payment for
that date, week, or month. Payment will be retained for work not performed until
such time as the work is performed to City standard.
WORKMANSHIP AND SUPERVISION
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 streetlight maintenance.
o All work shall meet with the approval of the City's designated Project
Administrator. 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's Project Manager 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
P815bS
specifications.
LICENSES
o Contractor shall maintain a C-10 Electrical contractor's license at all times for the
duration of the agreement.
RESPONSIBILITY FOR DAMAGES OR INJURY
o Any damage done by Contractor outside the area and scope of the work of the
contract shall be repaired or replaced as directed at no additional cost to the City.
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 Contractor's 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, subcontractors, anyone employed directly or indirectly by any of them
or for whose acts they may be liable or any or all of them).
RECORDS
o 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
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
23-19
of final payment to Contractor under this Agreement.
o City Work Order System
• Upon completion of agreement, Contractor shall have access to the City's
internet based work order system.
Contractor will be required to create, track, monitor, and complete work
orders. The work order numbers created through this system will be noted
on work completed in the invoices.
o Invoices
• Invoices from Contractor shall contain information on work completed.
Work completed will be identified by City issued work order number, work
completed, time to complete, and, if applicable, materials installed at cost
plus markup.
WORKING HOURS
o Normal working hours shall be between the hours of 7:00 a.m. and 5:00 p.m.,
Monday through Friday. No Saturday or Sunday work is to be scheduled without
prior written permission from the City, unless it is an emergency situation.
o Night Patrols
Contractor shall provide night patrols whereby every streetlight shall be
checked once every four months. The Contractor shall provide a written
report to the City the results of the night patrols.
• Contractor to provide a schedule of the night patrols to the Project
Administrator after the award of contract.
Contractor shall create work orders in the City's system for all outages or
repairs found during the patrols.
CORRESPONDENCE
o All correspondence shall be addressed to Utilities Manager, Municipal Operations
Department, City of Newport Beach, and PO Box 1768, Newport Beach, California
92658-8915.
REQUIRED REPORTING
o Contractor shall utilize the City's work order system to monitor and track response
times, work completed and materials used.
o Contractor shall provide monthly activity reports to verify response times of
23-20
maintenance crews to light out calls and shall be attached with monthly invoice.
o Contractor shall report any database errors or omissions as part of the monthly
activity report.
o The monthly activity report shall detail all inspection and maintenance activities
performed by the Contractor. All maintenance work shall be initiated by the
Contractor within 48 hours of request by the City.
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 Contractor 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 Contractor's field personnel shall wear easily recognizable uniforms containing
Contractor's name. Contractor shall be responsible for supplying all appropriate
personal protective equipment including but not limited to safety vests, safety
shoes and reflective vests.
o 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.
o Contractor's employees shall be trained in health and safety per CALOSHA
requirements.
23-21
TECHNICAL MAINTENANCE
DEFINITIONS
o Streetlight -- City -owned lighting poles, luminaries, and appurtenances of all types
and wattages within the public right-of-way.
o Safety light -- Designated streetlight attached to a pole in conjunction with a traffic
signal light.
o Routine Maintenance Services -- Services for the City's streetlights as a result of
normal operational wear and tear, such as, changing lights, bollards, ballasts, etc.
o Emergency Repair Services -- Repair or replacement of materials as a result of
collision, mischief, and/or acts of nature that requires immediate response from
Contractor personnel.
o On -Call Supplemental Services — Non -emergency projects, or troubleshooting
beyond basic services, that will be scheduled with the Project Administrator before
any work commences.
ROUTINE MAINTENANCE SERVICES
o Copies of maps and lists maintained by the City shall be made available to the
contractor to updated and provide a comprehensive list of all streetlights and their
locations on a semi-annual basis during the life of the contract.
o Contractor must be able to safe off any electrical hazard including high voltage
series streetlights (less than 6,000 volts).
o All outages identified by the Contractor, City, and the public shall be recorded,
repaired, and included as part of an activity report submitted to the City on a monthly
basis.
o The monthly activity report shall detail all inspection and maintenance activities
performed by the Contractor. All maintenance work shall be initiated by the
Contractor within 48 hours of request by the City.
o Contractor shall not perform any additional inspection or repair activities to safety
lights, traffic signal lights, or the poles that they are attached.
o City shall furnish a database of all identified streetlights including, but not limited to,
the following information: pole identification, location, and type.
o The City shall provide the Contractor with the updated database within thirty (30)
days of approval by the City.
o Contractor shall accept responsibility for the maintenance of the streetlight system
its "as -is" condition.
23-22
o Streetlights considered to be potentially hazardous to the public, as identified by the
Contractor during the normal inspection and maintenance process, shall be reported
to the City immediately.
o The City will stock streetlight poles at a City facility, however it is the Contractor's
responsibility to purchase the streetlight poles and maintain an adequate stock. The
City will work with the Contractor to designate what an adequate stock entails.
o Contractor shall furnish lamps, ballasts, and photocells. Replacement lamps are to be
of identical wattage, lamp type, and provide comparable illumination of the area
lighted by the lamp. Specifically, any relamping of existing LED lights are to be with
comparable LED lights.
o Contractor shall provide all materials to complete the work identified in the Scope of
Service, including but not limited to: luminaires, tools and all repair materials. These
materials will be stored at the Contractor's facility at no additional fee to the City.
The City will only pay for cost of materials on bulbs, ballast, photocells and
poles, all other materials that are required by the Contractor to perform the
work specified shall be provided by the Contractor at no extra cost to the
City.
o Contractor shall commence repairs of early lamp burnouts or day burners within
forty-eight (48) hours of Contractor receiving notification or patrol discovery; this
replacement will include lens cleaning and interior wiping of the luminaire.
o Contractor shall respond to light out calls within two (2) business days. In most
instances, repairs will be made immediately to restore the light to working order.
o The Contractor shall clean components each and every time a service call is made to
the fixture under the terms of this contract. Cleaning shall consist of wiping the lens,
refractor, opal glass with a clean, soft cloth so as to remove all dirt, dust, and foreign
matter.
o Streetlights considered potentially hazardous to the public, as identified by the
Contractor during the normal inspection and maintenance process, shall be
reported to the City immediately.
EMERGENCY REPAIR SERIVCES
o Contractor must be available for same day response, including after-hours,
weekends, and holidays.
• After-hours refers to Monday through Thursday 5:00 pm to 7:00 am
■ Weekends begin 5:00 pm Friday to 7:00 am Monday.
■ When an emergency repair request is made the Contractor must respond
within one hour from initial call from the City.
23-23
• Contractor must be able to:
• Safe off any electrical hazard including high voltage series streetlights
(less than 6,000 volts).
• Set a concrete pull box with lid on any exposed wires that cannot be
contained in their original structures.
• Clear any heavy, downed or leaning light pole or poles.
• Clear light poles from obstructing traffic, roadways, & pedestrian
passage on sidewalks.
• Set barricades and caution tape over any debris left at the scene.
• Notify the City representative at the beginning of the next work shift
reporting what has been done.
• Provide 24-hour phone number available to City emergency personnel.
• If additional problems or abnormalities exist during the response
contact the City representative immediately.
• Upon completion of the agreement a detailed inventory of all lights in
the city including location, pole type, wattage, etc. will be provided to
the contractor.
ON-CALL SUPPLEMENTAL SERVICES
o All other repairs not specifically listed in Scope of Service including, but not limited
to leaning poles and extended troubleshooting, shall be billed per the attached
Billing Rates Sheet, or individual quotes can be provided by the Contractor on each
job.
o No supplemental services shall be completed until the Contractor receives prior
approval from the Project Administrator.
o Some types of maintenance may require the crew to leave the site to obtain the
necessary materials or equipment to complete such repairs. In the event extensive
repairs are required Contractor shall inform the Project Administrator with an
estimated timeline and cost prior to any work completed; however, no longer than
fourteen (14) days after knowledge of the outage.
o Repairs requiring special factory orders shall be completed within seven (7) days
after receipt of material.
o Supplemental ProiectAdministration
23-24
• When the need for supplemental services arises, the City shall request
in writing, the necessary services required in adequate detail. Contractor
shall then provide a letter proposal for Services requested by the City
(hereinafter referred to as the "Letter Proposal"). The Letter Proposal shall
include the following:
• A detailed description of the Services to be provided;
• The estimated number of hours and cost to complete the Services; and
• The time needed to finish the specific Project.
City will assess the Letter Proposal to ensure that services and costs
proposed are commensurate with those provided in the Contractor's
Billing Sheet. No Services shall be provided until the City has provided
written acceptance of the Letter Proposal. Once authorized to proceed,
Contractor shall diligently perform the duties in the approved Letter
Proposal.
TYPES OF POLES AND FIXTURES
Contractor must have experience maintaining and repairing various pole and fixtures
types including:
Poles
Fixtures
High Pressure Sodium (35-400 watt, 120/240 volts)
1212T
1214T
Series Mercury (100-400 watt)
1316T
Series Incandescent (2500-4000 lumen)
42D
42D DBL
LED (GE, Philips, Synergy)
42D OBS
QL (55 watt, 240 volt)
45D
65D
65D DBL
68D
7003 J
7003 J DBL
7004 J
7004 J DBL AMERON
AEGEAN AMERON
JSL AMERON JSL DBL
AMERON VICTORIAN
IMPERIAL
MANVILLE
PUMCO 500
23-25
EXHIBIT B
SCHEDULE OF BILLING RATES
International Line Builders, Inc. Page B-1
23-26
ctW PQ9
`tip n
__ IIe��IiPP
r�L1LORH,r
COST FILE
Hourly Rates
The Contractor shall invoice the City on a time and materials basis. Time shall begin when the
Contractor enters Into the City limits. Travel time between maintenance sites, mobilization, and
traffic control shall not be charged individually and included in the hourly rate. Any service charges
not identified below must be included with the proposal on a separate sheet of paper.
Routine Maintenance'
$ 230.00 /per crew
Minimum
4
Normal Business hours
Hours
Emergency Service Ratei$
Minimum
4
230.00 /per crew
Normal Business hours
Hours
Emergency Service Ratei
Minimum
4
$ 250.00 /per crew
After-hours & Weekends
Hours
On -Call Supplemental
$ 250.00 /per crew
Minimum
4
Repair Services'
Hours
A bulk rate shall be charged three times per year (every
Night Patrol
$ 135.00
four months) for one complete City night patrol. It shall be
B
invoiced following the submittal of Contractor's finding to
the City.
Materials Charge: ��%
(No more than 10%) �._._
' Please Include in the proposal positions and equipment included in the hourly crew rate (e.g., one
supervisor, two electricians and a boom truck).
The pricing Indicated above must be Inclusive of any applicable Prevailing Wages.
In the event additional work or repairs are requested, the above hourly rates will be used. The Contractor shall prepare a
quote of the estimated additional hours; no new work shall begin until the Contractor receives approval from the City
representative.
23-27
COST FILE
The undersigned certifies that submission of this Proposal Is made without prior understanding, arrangement agreement, or connection
with any corporation, firm or person submitting a Proposal for the some services, and.is in ail respects fair and without collusion of fraud.
The undersigned certifies that they have not entered into any arrangement or agreement with any City of Newport Beach public officer. The
undersigned understands collusive practices are a violation of State and Federal low and can result in fines, prison sentences, and civil
damage awards.
Proposer Signature Date
Y-6-j"I ti1Eko aj HAUAW ec�
Printed Name and Title
PABO 9
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
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 rented
International Line Builders,'Inc. Page C-1
23-29
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
International Line Builders, Inc. Page C-2
23-30
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.
International Line Builders, Inc. Page C-3
23-31
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.
I. 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.
International Line Builders, Inc. Page C-4
23-32
EXHIBIT D
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to
International Line Builders, Inc. hereinafter designated as the "Principal," a contract for
maintenance and/or repair services, in the City of Newport Beach, in strict conformity
with the Contract on file with the office of the City Clerk of the City of Newport Beach,
which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Contract and the
terms thereof require the annual furnishing or renewal of a bond, providing that if
Principal or any of Principal's subcontractors, shall fail to pay for any materials,
provisions, or other supplies used in, upon, for, or about the performance of the Work
agreed to be done, or for any work or labor done thereon of any kind, the Surety on this
bond will pay the same to the extent hereinafter set forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact business under the laws of the State of California, as Surety,
(referred to herein as "Surety") are held and firmly bound unto the City of Newport
Beach, in the sum of Two Hundred Seventy Thousand Six Hundred Eighty Five
Dollars and 00/100 ($270,685.00), lawful money of the United States of America, said
sum being equal to 100% of the annual estimated amount payable by the City of
Newport Beach under the terms of the Contract; for which payment well and truly to be
made, we bind ourselves, our heirs, executors and administrators, successors, or
assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts
due under the Unemployment Insurance Code with respect to such work or labor, or for
any amounts required to be deducted, withheld and paid over to the Employment
Development Department from the wages of employees of the Principal and
subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with
respect to such work and labor, then the Surety will pay for the same, in an amount not
exceeding the sum specified in this Bond, and also, in case suit is brought to enforce
the obligations of this Bond, a reasonable attorneys' fee, to be fixed by the Court as
required by the provisions of Section 9554 of the Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as
to give a right of action to them or their assigns in any suit brought upon this Bond, as
required by and in accordance with the provisions of Sections 9500 et seq. of the Civil
Code of the State of California.
International Line Builders, Inc. Page D-1 23-33
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Contract or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to
the terms of the Contract or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual,
it is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20_
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
M
Aaron C. Harp
City Attorney
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
International Line Builders, Inc. Page D-2
23-34
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On , 20 before me,
Notary Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate is
attached, and not the truthfulness, accuracy, or
validity of that document.
State of California
County of ) ss.
On 20 before me,
Notary Public, personally appeared
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
(seal)
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