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HomeMy WebLinkAboutRoberts Mechanical 2006-01-17C&U, 011-704P SERVICE AGREEMENT FOR DESIGN AND FIELD INSTALLATION OF ELECTRICAL AND PLUMBING CONNECTIONS FOR TEMPORARY CNG FUELING APPARATUS INSTALLATION AT UKIAH REGIONAL AIRPORT This Agreement, made and entered into this day of .��.UL)A2tl 2004, by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and Roberts Mechanical, hereinafter referred to as "Service Provider". RECITALS This Agreement is predicated on the following facts: a. City requires services which will involve design (sizing of components and layout) and installation of plumbing and electrical connections and all related work necessary to deliver power and compressed natural gas to the site of the proposed temporary CNG Fuelmaker fueling apparatus. b. Service Provider represents that it has the qualifications, skills, experience, and facilities to provide these services, and is willing to provide them according to the terms of this Agreement. C. City and Service Provider agree upon the Scope -of -Services as specified in Paragraph 2.0 of this Agreement. TERMS OF SERVICE AGREEMENT 1.0 TERM OF AGREEMENT 1.1 The service provider shall perform services under this agreement beginning with the execution date of this Agreement or as soon thereafter as possible and shall complete all work within one (1) month. 2.0 SCOPE -OF -SERVICES 2.1 Work will involve but not be limited to: Site reconnaissance, product literature review, preparing documentation necessary for a City of Ukiah Building Permit, provide trenching layout, and providing all labor, material and equipment to install underground electrical from the existing pad mount transformer and plumbing from the existing gas service at 1351 S. State Street to a point adjacent to or within the concrete foundation as recommended by Fuelmaker Corporation, and make final terminations for both gas and electric after delivery of the unit. Service Provider shall supply a qualified technician to be in attendance to assist during testing and startup. Testing . and startup will be performed by a CNG technician provided by PG&E. Contractor shall stand by to provide assistance during testing and start up. Construction of concrete foundation, installation of bollards, making USA notification, and trenching and backfill will be performed by City forces. Service Provider shall provide City with an itemized billing statement, which clearly indicates material invoices, labor and equipment hours and costs for the work performed. It has been determined that the work is classified as a Public Works project and therefore the State of California prevailing wage laws and regulations are applicable. The Service Provider shall maintain and possess current State of California contractor's license(s) required for performance of work under this project. The Service Provider shall also possess a valid City of Ukiah business license prior to commencement of work. Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 1 of 6 2.2. Additional Services. Additional services, if any, shall only proceed upon written agreement between City and Service Provider. The written Agreement shall be in the form of an Amendment to this Agreement. 3.0 CONDUCT OF WORK 3.1 Hours of Service. Service Provider shall conduct work during normal Public Works hours, 7:00 a.m. - 4:30 p.m. unless emergency work requires after hours response. 4.0 COMPENSATION FOR SERVICES 4.1 Basis for Compensation. For the performance of the services of this Agreement, Service Provider shall be compensated for labor on an hourly basis at a rate of $90 per manhour, for materials on a cost plus markup basis, and for equipment on an hourly rental basis. Allowable markup and hourly rental rates shall be subject to the approval of the Director of Public Works/City Engineer. 4.2 Changes. Should changes in compensation be required because of changes to the Scope - of -Services of this Agreement, the parties shall agree in writing to any changes in compensation. "Changes to the Scope -of -Work" means different activities than those described in Paragraph 2.0 and not additional time to complete those activities than the parties anticipate. on the date they entered this Agreement, unless specifically agreed to in writing by the parties. 4.3 Sub -Service Provider Performance. The Service Provider shall not use sub -Service Providers or other service firms to perform a portion of the work of this Agreement without written authorization from the City. 4.4 Terms of Payment. Payment to Service Provider for services and product rendered in accordance with this contract shall be based upon submission of a final invoice for the service satisfactorily performed and product provided, which amounts shall be due and payable upon receipt by City. Invoices shall be accompanied by documentation in accordance with Section 2.0 herein. Payment shall be made to Service Provider within 30 days from receipt of invoice. City will not be held responsible to pay interest on any delinquent payments. 5.0 ASSURANCES OF SERVICE PROVIDER 5.1 Independent Service Provider. Service Provider is an independent Service Provider and is solely responsible for its acts or omissions. Service Provider (including its agents, servants, and employees) is not the City's agent, employee, or representative for any purpose. 6.0 INDEMNIFICATION 6.1 Insurance Liability. Without limiting Service Provider's obligations arising under Paragraph 6.2, Service Provider shall not begin work under this Agreement until it procures and maintains, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with its performance under this Agreement. A. Minimum Scope of Insurance Coverage shall be at least as broad as: 1. Insurance Service Office (ISO) Commercial General Liability Coverage Form No. CG 00 01 11 85. Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 2 of 6 2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1 "any auto" or Code 8. 9 if no owned autos, and endorsement CA 0025. 3. Worker's Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance Service Provider shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall apply separately to the work performed under this Agreement, or the aggregate limit shall be twice the prescribed per occurrence limit. 2. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3. Worker's Compensation and Employers Liability: Worker's Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self -Insured Retention Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects to the City, its officers, officials, employees and volunteers; or the Service Provider shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Other Insurance Provisions The policies are to contain, or be endorsed to contain, the following provisions: 1. General Liability and Automobile Liability Coverage a. The City, its officers, officials, employees and volunteers are to be covered as additional insured with respect to; liability arising out of activities performed by or on behalf of the Service Provider, products and completed operations of the Service Provider, premises owned, occupied or used by the Service Provider, or automobiles owned, hired or borrowed by the Service Provider. The coverage shall contain no special limitations on the scope -of -protection afforded to the City, its officers, officials, employees, or volunteers. b. The Service Provider's insurance coverage shall be primary insurance as respect to the City, its officers, officials, employees or volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Service Provider's insurance and shall not contribute with it. C. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees, or volunteers. Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 3 of 6 d. The Service Provider's insurance shall apply separately to each .insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Worker's Compensation and Employers Liability Coverage The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees or volunteers for losses arising from Service Provider's performance of the work, pursuant to this Agreement. 3. All Coverage Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return requested, has been given to the City. E. Acceptability of Insurers Insurance is to be placed with insurers with a Best's rating of no less than A:VII and who are admitted insurers of the State of California. F. Verification of Coverage Service Provider shall furnish the City with certificates of Insurance and with original Endorsements effecting coverage required by this Agreement. The Certificates and Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The Certificates and Endorsements are to be on forms provided or approved by the City. Where by statute, the City's Worker's Compensation - related forms cannot be used, equivalent forms approved by the Insurance Commissioner are to be substituted. All Certificates and Endorsements are to be received and approved by the City before Service Provider begins the work of this Agreement. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. If Service Provider fails to provide the coverage required herein, the City shall have the right, but not the obligation, to purchase any or all of them. In that event, the cost of insurance becomes part of the compensation due the Service Provider after notice to Service Provider that City has paid the premium. G. Subcontractors If Service `Provider uses subcontractors, it shall cover them under its policies or require them to separately comply with the insurance requirements set forth in this Paragraph 6.1. 6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition thereto, Service Provider shall indemnify, defend and hold harmless City officers, agents and employees from and against any and all claims, demands, liability, costs and expenses, including court costs and counsel fees, arising out of the injury to or death of any person or loss of, or physical damage to, any property resulting from negligent or wrongful act or omission committed by Service Provider or its officers, agents or employees while performing services under this Agreement. As to events which occur during Service Provider's performance of this Agreement, City shall hold Service Provider harmless from and defend Service Provider against all claims, liability, damage, or loss arising out of any injury or death of any person or damage to or destruction of property attributable to the negligent or wrongful act or omission of City or Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 4 of 6 its officers and employees, where the injury, death or damage is caused by the sole and active negligence or misconduct of City or City's employees. 7.0 CONTRACT PROVISIONS 7.1 Governing Law. Service Provider shall comply with the laws and regulations of the United States, the State of California, and all local governments having jurisdiction over this Agreement. The interpretation and enforcement of this Agreement shall be governed by California law and any action arising under or in connection with this Agreement must be filed in a court of competent jurisdiction in Mendocino County. 7.2 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments set forth the entire understanding between the parties. 7.3 Severability. If any term of this Agreement is held invalid by a court of competent jurisdiction, the remainder of this Agreement shall remain in effect. 7.4 Modification. No modification of this Agreement is valid unless made with the agreement of both parties in writing. 7.5 Assignment. Service Provider's services are considered unique and personal. Service Provider shall not assign, transfer, or sub -contract its interest or obligation under all or any portion of this Agreement without City's prior written consent. 7.6 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement shall be a waiver of any other or subsequent breach of the same or any other covenant, term or condition or a waiver of the covenant, term or condition itself. 7.7 Termination. This Agreement may only be terminated by either party: 1) for breach of the Agreement; 2) because funds are no longer available to pay Service Provider for services provided under this Agreement; or 3) City has abandoned and does not wish to continue with the service for which Service Provider was retained. A party shall notify the other party of any alleged breach of the Agreement and of the action required to cure the breach. If the non -breaching fails to cure the breach within the time specified in the notice, the contract shall be terminated as of that time. If terminated for lack of funds or abandonment of the project, the contract shall terminate on the date notice of termination is given to Service Provider. City shall pay the Service Provider only for services performed and expenses incurred as of the effective termination date. Service Provider shall be entitled to receive just and equitable compensation for any service and product provided hereunder, subject to off -set for any direct or consequential damages City may incur as a result of Service Provider's breach of contract. 7.8 Duplicate Originals. This Agreement may be executed in duplicate originals, each bearing the original signature of the parties. When so signed, each such document shall be admissible in administrative or judicial proceedings as proof of the terms of the Agreement between the parties. Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 5 of 6 8.0 NOTICES Any notice given under this Agreement shall be in writing and deemed given when personally delivered or deposited in the mail (certified or registered) addressed to the parties as follows: CITY OF UKIAH ROBERTS MECHANICAL, INC. ATTN: DEPT OF PUBLIC WORKS ATTN: GINO MORRETA 300 SEMINARY AVENUE 189 WABASH AVENUE UKIAH, CALIFORNIA 95482 UKIAH, CA 95482 9. PREVAILING WAGE PROVISIONS 9.1 Certified payroll records must be available at the Service Provider's and each subcontractor's principal office for inspection by the City, the Department of Industrial Relations, or the Service Provider's workers and the Service Provider must notify the City of any change in the records' location within five working days. If the Service Provider fails to make the records available for inspection within 10 days of the request, the Service Provider shall pay a penalty to the state or the City of $25 per day for each calendar day the Service Provider fails to comply with the request until the Service Provider has fully complied (Labor Code § 1776(h).); 9.2 The Service Provider shall pay a penalty of $25 per day for each day a worker employed by the Service Provider or any subcontractor fails to receive required overtime pay. (Labor Code §1813.) 9.3 Attached hereto, as Exhibit 1, are true and correct copies of Labor Code Sections 1771 (requiring prevailing wages), 1775 (imposing penalties, including a $50 per day, per worker forfeiture, for failure to pay prevailing wages), 1776 (requiring Service Provider to maintain available for inspection certified payroll records), 1777.5 (requiring certain apprenticeship programs), 1813 (imposing penalties for failure to make records available for inspection) and 1815 (requiring time and '/zfor overtime). IN WITNESS WHEREOF, the parties have executed this Agreement the day and year first above written: CITY OF IAH BY: CANDACE HORSLEY CITY MANAGER MARIE ULVILA CITY CLERK APPROVED AS FO DAVID J. RAPPORT CITY ATTORNEY, CITY OF UKIAH ROBERT ECHA A BY: PRINT: GINO MOR ETTA TITLE: VICE PRESIDENT DATE Service Agreement for Design and Installation of Gas and Electric Connections to CNG Temporary Fueling Apparatus Pg 6 of 6