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PW 519 4th St. Electrical PowerCity of San Rafael ♦ California Agreement For PROVISION OF TEMPORARY ELECTRICAL POWER AT 519 4TH STREET, This Agreement is made and entered into this —1 day of r 0\/V,_ rV)1- Y 2016, by and between the City of San Rafael (hereinafter called City) and PowerPlus (hereinafter called Contractor). The City and the Contractor, for the consideration hereinafter stated, agree as follows: I. Scope of the Work The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work as required for the provision of temporary electrical power at 519 4th Street, per the scope of work contained in the Contractor's proposal attached hereto as Exhibit A. II. Coordination. The City's Project Director, responsible for the supervision of all aspects of the progress and execution of this Agreement for City is Bill Guerin. The Contractor's Project Manager, responsible for the progress and execution of this Agreement for the Contractor is Alysha Gerst. The parties will notify each other in writing at least ten (10) days in advance of any change in the individuals assigned to these positions. III. Insurance (a) Scope of Coverage. During the term of this Agreement, the Contractor shall maintain, at no expense to the City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, the Contractor shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both the Contractor and the City against all liability for injuries to the Contractor's officers and employees. The Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against the City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph A of this section above shall also meet the following requirements: ]i/ / g 1-4 , 3 — 6 300 Page 1 1. The insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City's insurance or self-insurance coverage for any contribution. The "priunary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 01 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terns and conditions of said insurance policies except upon ten (10) days written notice to the City. 5. If the insurance is written on a Claims Made Form, then, following tennination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to the City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c) Deductibles and SIR's. Any deductibles or self-insured retentions in the Contractor's insurance policies must be declared to and approved by the Project Manager and the City's City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or the City or other additional insured party. At City's option, the deductibles or self- insured retentions with respect to the City shall be reduced or eliminated to the City's satisfaction, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. The Contractor shall provide to the Project Manager or City's City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and .'or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or Page 2 specific endorsements evidencing the other insurance requirements set forth in this Agreement. The City reserves the right to obtain a full certified copy of any insurance policy and endorsements from the Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by Project Manager and the City's City Attorney. IV. Time of Completion (a) The acquisition of materials performed under this Contract shall be commenced within five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work shall be completed within thirty (30) Working Days, and with such reasonable extensions of time as may be requested by the Contractor and approved by the City. Contractor shall not be held liable for PG&E delays. V. Liquidated Damages. It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in this Agreement, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under this Agreement. VI. Compensation The City shall pay to the Contractor for the full performance of the work under this Agreement the fixed amount of $3,500.00 as specified in Exhibit A attached to this Agreement. VII. Payments (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the work completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed together with such supporting evidence as may be required by the City and/or the Contractor. (b)As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under this Agreement from time to time, without retention of any portion of the payment by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 4590 of the Government Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. VIII. Acceptance and Final Payment Page 3 (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City shall within 5 days snake such inspection, and when it finds the work acceptable under the Agreement and the Agreement fully perfonned, the City will promptly issue a Notice of Completion, stating that the work required by this Agreement has been completed and is accepted by the City under the terns and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The snaking and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. IX. Compliance with Caltrans Standards and Specs and All Applicable Laws All work shall be performed in compliance with the Caltrans Standard Plans and Specifications 2010, the California Building Code, the California Electrical Code and all other applicable federal, state and local laws, codes and regulations. X. Indemnification (a) The Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by the City, and hold harmless the City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of the Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, The Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. Page 4 (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. XI. Nondiscrimination. The Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. XII. No Third Party Beneficiaries The City and the Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terns and conditions of this Agreement, to the other party. XIII. Notices All notices and other corrununications required or pennitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: PowerPlus 1210 North Red Gum St. Anaheim, CA 92806 XIV. Independent Contractor For the purposes, and for the duration, of this Agreement, the Contractor, its officers, agents and employees shall act in the capacity of an independent contractor, and not as employees of the City. The Contractor and the City expressly intend and agree that the status of the Contractor, its officers, agents and employees be that of an independent contractor and not that of an employee of the City. XV. Entire Agreement; Amendments (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terns and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. Page 5 (e) If any conflicts arise between the terns and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. XVI. Waivers The waiver by either party of any breach or violation of any tern, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tern, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other tenn, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tern, condition, covenant of this Agreement or any applicable law, ordinance or regulation. XVII. City Business License; Other Taxes The Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code. The Contractor shall pay any and all state and federal taxes and any other applicable taxes. The City shall not be required to pay for any work performed under this Agreement, until the Contractor has provided the City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). XVIII. Prevailing Wages The Contractor shall pay prevailing wages to all of its employees performing work under this Agreement in accordance with the California Labor Code Section 1771 and San Rafael Municipal Code Section 11.50.180(C). XIX. Warranties (a) Except as otherwise expressly provided in this Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by the City, the Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to this Agreement, to be absolutely free of all defects of worlananship and materials for a period of one year after final acceptance of the entire work by the City. The Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in worlananship or material within this one year warranty period without expense or charge of any nature whatsoever to the City. (b) In the event that the Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, the City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and the Contractor shall pay to the City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in worlunanship or material covered by the foregoing warranty results in a condition that constitutes an inunediate hazard to public health or safety, or any property interest, or any person, the City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to the City on demand all costs and expense of such Page 6 repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of the City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by the City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first hereinabove written. CITY OF SAN RAFAEL: CONTRACTOR: By: By: _ Jim Schutz Printed Name: Sarv, City Manager Title: �� 5,- ,-LQrj� Attest: Esther C. Beime, City Clerk Approved as to Form: Robert F. Epstein, City Attorney Page 7 PREVAILING WAGE Other I% QUOTE: 100650 OC � 11/l/201611:09:01 AM eb San Rafael Station 200 Amp Service PPArea: oc ANAHEIM, CA 92806 (714) 765-7563 FAX (714) 765-7581 Customer: Kitchell Job: San Rafael Fire Station Job#: 276339 2450 Venture Oaks Way. Suite 500 Ord Supr: Jorge Meza Supr Cell: Sacramento, CA 95833- Supr Phone: (916) 648-9700 Tract M Phase: Customer Job #: Quoted Lots: Customer Job Name: Cross Street: Grand Ave Contract #: Job Address: 519 4th Street PO#: Job City: San Rafael Zip Code: 94901 Job Phone: Scope Of Work: Quote is to provide a 320 amp service, quote contingent on PG&E approved source. Quote based on customer information, No permits or hookup fees are included as part of quote. Remarks: Monthly' rental charges will be $50.00 per month* after the first 6 months*. 'Months will be calculated in 28 -day periods. Quantity Equipment/Service 1 Meter — 3Ph 320a Meter Mounting Device 1 T Pole Bracing 6 Prevailing Wage Crew Labor 1 Distro Pnl - 1 Ph 200a 120/240v Mn Lug 3 wr 250 #4 AL -Tac -On Quote Notes: Total: $3,500.00 This quote is valid for 30 days. Quote is layout specific. Any changes to equipment and / or services may incur additional cost. Customer is to provide access for installation and removal. Quote includes installation and a one-time FINAL pickup. Any partial or additional pickups wi;l be charged an additional hourly rate. This quote is subject to municipality approvals for system installation. Severe digging or rocky soil conditions may incur an additional cost. Inclement weather conditions may delay installation dates and/or require additional cost. USA Underground Dig Alert must clear before any excavation. Any required encroachment permits, easement/right-of-way permits may delay installation dates. Customer to spot all pole locations with a Power Plus representative. As Notice to Proceed, please sign and return quote. Customer to pull all necessary and required permits. Power Plus does not pro -rate equipment rental for partial months. Please notify Power Plus two days in advance for pole relocations and three days for pick-ups. Quote includes one standard ground rod installed per meter. Additional ground rods required will be billed as extra. Power Plus is not responsible for damage to landscape due to equipment installation or removal. Customer is responsible to fill all holes and patch all asphalt/concrete. Preliminary information & billing requirements MUST be completed prior to installation. Upon receipt of signed quote, necessary equipment will be ordered and scheduling can be determined. The customer is responsible for contacting the power company to energize and de -energize meters. Customer is liable for equipment upon delivery. This shall include but is not limited to the costs associated with loss or damage due to theft, tr R iEXDIT Page 1 of 2 Note: After the meter is set and inspected, please allow 7 to 10 working days for the utility company to energize your meter. Please figure on more days during and immediately after periods of RAIN, HIGH WINDS, and excessively HOT DAYS. 'Power Plusl is not responsible for the accuracy of information provided by the utility company in relation to th source verification. "Permit_ application fees to be determined by respective City and Utility. Kitchell will provide Power Plusl with exact equipment locations prior to installation. An additional service fee will be charged for any equipment relocation. Kitchell will be responsible for locating and marking all private underground utilities including landscape irrigation systems not identified by USA Dig Alert. Kitchell will be financially responsible for any damage and repair work for any underground private utility systems (including landscape irrigation systems) not marked prior to equipment installation. Kitchell will pay an additional cost for adverse digging conditions, special equipment required for safe installation, additional permits, permit deposits or any other unusual cost or fee required to perform installations services Prior to equipment delivery, a signature by an authorized representative of Kitche:l is required on th-s Quote Form. Furthermore. if Kitchell requires a Purchase Order (P.O.), a P.O. # and document must be issued to Power Plusl before work is completed. Rental perod is based on 4 week months. Invoices are due upon receipt. QUOTE SUBJECT TO SOURCE VERIFICATION PER ELECTRICAL AND / OR TELEPHONE UTILITY COMPANY(S). sA iv 16AFaGL -54 � KA@Igetl Signature: Date: 1'� it fo Print Name: 51,v— g. Va4,,-,A DeW PowerPlus! Representative: Date: 10/27/2016 Quote: 100660 Page 2 of 2 DRi ; yUV 10 2016 (.hv v, f ip 7� CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: DPW Project Manager: Bill Guerin Extension: 485-3110 Contractor Name: PowerPlus Contractor's Contact: Alysha Gerst Contact's Email: agerst@powerplus.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor 11/2/2016 ❑ 11/2/2016 b. Email contract (in Word) & attachments to City Atty c/o Laraine.Gittens@cityofsanrafael.org ❑ 2 City Attorney a. Review, revise, and comment on draft agreement 11/2/2016 ® LAG and return to Project Manager 11/2/2016 ® LAG_ b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor 3 Project Manager Forward three (3) originals of final agreement to Clic h to El contractor for their signature /( �� /� ent�te. 4 Project Manager When necessary, * contractor-siened agreement N N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ Public Works Contract > $125,000 Click here to Date of Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS, and bonds (for Public Works Contracts) 8 City Manager/ Mayor Agreement executed by Council authorized official 9 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager