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HomeMy WebLinkAboutAGMT - Dynalectric Inc. (Replacement of Emergency Generator - PD) . _ • i2c:01<ied in Otheed Records, Orange County -rain fitly. Clerk Recorder RECORDING REQUESTED BY �i�� ('(�!( � fit I� 'I�I ft I�i ��iJl��'����I 1i���'I��'NO SEE AND WHEN RECORDED MAIL TO 2009000070107 O8 01am 02118/09 28 N12 1 CITY OF SEAL BEACH ',YOU (1 ill.' l UO ff_Gt) 0.00 U_OU 6_00 0_II0 Attn: City Clerk 211 - 8th Street Seal Beach, CA 90740 Space of above this line for Recorder's use. **` No Recording Fee Pursuant to Government Code Section 6103, 27383 **** It NOTICE OF COMPLETION P✓� Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is: City of Seal Beach 3. The address of the owner is: 211 —8th Street, Seal Beach, CA 90740 4. The nature of the interest or estate of the owner is: In Fee. The City of Seal Beach. 5. A work of improvement on the property hereinafter is described as substantially completed on February 9, 2009. The work was Police Department Emergency Generator Replacement Project, CIP No. BG0902. 6. The name of the contractor, if any, for such improvement was: Dynalectric. The date of the Contract Award was: July 14, 2008. 7. The property on which said work of improvement was completed in the City of Seal Beach, County of Orange, State of California, and is described as follows: 911 Seal Beach Boulevard, Seal Beach, California 90740. Date: z-boAY Si nature of owner or corporate officer of owner named in paragraph 2 or his agent. VERIFICATION I, the undersigned, say: the Director of Public Works declarant of the foregoing notice of completion;have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury the foregoing is true and core Executed on 2- /0. 0 9 2009 eal Beach, California. (Date of Signature) , Director of Public "! • • AN AGREEMENT FOR REPLACEMENT OF THE EMERGENCY GENERATOR SEAL BEACH POLICE DEPARTMENT between pE SEAI i`i,: CP9POR 9C''. i� stiff co *; 'o • '¢f lA. 29 C . / 3 @s ' 4 As R \9\ kit & : ",,CppHTy City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Dynalectric Inc. 4462 Corporate Center Drive Los Alamitos, California 90720 Fax: (714) 484 -2385 THIS AGREEMENT is made and entered into this 14th day of July 2008, by and between the . City of Seal Beach, a California charter city ( "City"), and Dynalectric, Inc., a corporation ( "Contractor "). 1 of 1 57296- 0200 \1067022v1.doc RECITALS A. WHEREAS, City desires to replace the emergency generator for the Seal Beach Police Station located at 911 Seal Beach Boulevard, Seal Beach, California ( "Project "); and B. WHEREAS, Contractor has submitted a bid to City for the Project dated May 30, 2008 ( "Exhibit A "), which exhibit contains, among other things, provisions defining the Project scope and the cost associated with such Project scope; and C. WHEREAS, City accepts Exhibit A and desires to contract with Contractor to complete the Project in accordance with Exhibit A; and D. WHEREAS, Contractor represents that it is experienced and skilled in the performance of the services required to undertake the work required under the Agreement, and is duly licensed to undertake the same; NOW, THEREFORE, in consideration of performance by the parties of the mutual promises, covenants, and conditions herein contained, the parties hereto agree as follows: AGREEMENT 1. Contractor's Services. 1.1. Scope and Level of Services. Subject to the terms and conditions set forth in this Agreement, Contractor shall provide the technical and professional services ( "Services ") set forth in Exhibit A, which is hereby incorporated by this reference. Such Services shall include, without limitation: 1.1.1. Payment of all required engineering, plan check, and permit fees; 1.1.2. Demolition and removal of the existing switchboard, generator, fuel tank, and transfer switch; 1.1.3. Monitoring of the Switchboard to determine its full load; 1.1.4. Provision and installation of a new 200 kilowatt generator with 1500 gallon sub base tank, which generator must be capable of a 5 days of operation at full load; 1.1.5. Installation of a concrete pad suitable for the new emergency generator; 1.1.6. Provision and installation of an 800 amp Main switchboard, including an underground pull section, a meter section with an 800 amp main switch, an 800 amp ATS switch, and a distribution section for existing panel feeds; 1.1.7. Provision, as needed during construction, of temporary power to Panel El; 1.1.8. Relocation of the existing panel attached to the old switchboard; 2 of 2 67296 - 0200 \1067022v1.doc 1.2. Excluded Services. The scope of Contractor's Services under this Agreement shall not include the following: 1.2.1. Field painting; 1.2.2. Provision of either a performance or payment bond; 1.2.3. Payment of any utility company charges or provision of any utility cabling; 1.2.4. Upgrading existing electrical systems to current code standards; 1.2.5. Repair or replacement of existing light fixtures, lamps, or ballasts 1.3. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of Exhibit A, the provisions of this Agreement shall prevail. 1.4. Time for Performance. Contractor shall perform all Services under this Agreement on a timely, regular basis consistent with industry standards for professional skill and care. Contractor shall complete all Services within 120 calendar days after the Effective Date of this Agreement. 1.5. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience and licenses necessary to undertake the services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. 1.6. Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, it (a) has investigated and considered the scope of Services to be performed, (b) has carefully considered how the services should be performed, and (c) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Contractor represents that, to the extent required by the standard of practice, it has investigated the subject site and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of Services, Contractor shall immediately inform City of such fact and shall not proceed, except at Contractor's risk, until written instructions are received from the City Representative. 2. Term of Agreement. This Agreement is effective as of July 14, 2008 (the "Effective Date "), and shall remain in full force and effect until Contractor has rendered the services required by this Agreement, unless sooner terminated as provided in Section 9 herein. 3. Compensation and Expense Reimbursement. 3.1. Compensation. City shall pay Contractor the fixed price of $216,737, which amount shall be Contractor's full and total compensation in connection with the 3 of 3 57206- 0200 \1067022v I .doc • • Agreement. In no event shall the City pay Contractor more unless additional services are provided pursuant to Section 3.4. 3.2. Taxes and Deductions. City shall not withhold any federal, state or other taxes, or other deductions. 3.3 Time of payment. City shall pay progress payments based on an approved Schedule of Values, attached as Exhibit B. Payments to be made within 30 days of invoice. 3.3. Additional Services. City shall not pay Contractor for additional services unless the City Council authorizes, in advance, such services. Contractor's compensation for any such additional services shall be agreed to in writing. 4. Contractor's Personnel. 4.1. All Services shall be performed by Contractor or under Contractor's direct supervision, and all personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. 4.2. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the standard of care set forth in Section 5 below. 4.3. Contractor shall be responsible for payment of all employees' wages and benefits, and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. 4.4. Contractor shall indemnify and hold harmless City and its elected officials, officers and employees, servants, designated volunteers, and agents serving as independent contractors in the role of city or agency officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Contractor's alleged violations of personnel practices. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 4. 5. Standard of Performance. Contractor shall perform all Services to customary professional standards and in a manner reasonably satisfactory to City. 6. Status as Independent Contractor. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of City. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its officers, agents, or employees are in any manner employees of City. Contractor shall pay all required taxes on amounts paid to Contractor under this 4 of 4 57296- 0200 \1067022v1.doc Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Indemnification. 7.1. Contractor's Duty. Contractor shall defend, hold harmless and indemnify City, and its elected officials, officers, employees, servants, designated volunteers, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees ") with respect to any and all Claims including but not limited to Claims relating to death or injury to any person and injury to any property, which arise out of, pertain to, or relate to the acts or omissions of Consultant or any of its officers, employees, or agents in the performance of this Agreement. Consultant shall defend Indemnitees in any action or actions filed in connection with any such Claims with counsel of City's choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor's duty to defend pursuant to this Section shall apply independent of any prior, concurrent or subsequent misconduct, negligent acts, errors, or omissions of Indemnitees. Contractor shall defend Indemnitees in any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities with counsel of City's choice and shall pay all costs and expenses, including attorneys' fees actually incurred in connection with such defense. 7.2. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. 7.3. Waiver of Right of Subrogation. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indenmitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indenmitor. 7.4. Survival. The provisions of this Section 7 shall survive the termination of the Agreement and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indenmitee's right to recover under this indemnity provision, and an entry of judgment against a Contractor shall be conclusive in favor of the Indemnitee's right to recover under this indemnity provision. 8. Insurance. 8.1. Liability Insurance. Contractor shall procure and maintain in full force and effect for the duration of this Agreement insurance against claims for injuries to persons or 5 of 5 S7296- 0200 \1067022v1 .doc • • damages to property and professional negligence which may arise from or in connection with the performance of the services hereunder by Contractor, and its agents, representatives, employees and subconsultants. 8.2. Minimum Scope of Insurance. Unless otherwise approved by City, coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Worker's Compensation insurance as required by the State of Califomia and Employer's Liability Insurance. 4. Professional Liability insurance. Contractor shall provide to City the standard form issued by the carrier. 8.3. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence and in the aggregate for bodily injury, personal injury and property damage. Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this Agreement or the general limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease and Workers' Compensation Insurance in the amount required by law. 4. Professional Liability: $1,000,000 per claim/aggregate. 8.4. Deductibles and Self- Insured Retentions. Contractor shall inform City of any deductibles or self - insured retentions except with respect to professional liability insurance. 8.5. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials, are to be covered as additional insureds as respects: liability arising out of activities performed by or on behalf of Contractor; products and completed operations of Contractor; premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no limitations on the scope of protection afforded to City, its officers, officials, 6 of 6 57296- 0200 \1067022v 1.doc • • employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials which are not also limitations applicable to the named insured. 2. For any claims related to this Agreement, Contractor's insurance coverage shall be primary insurance as respects City, its officers, officials, employees, designated volunteers and agents serving as independent contractors in the role of city or agency officials. Any insurance or self - insurance maintained by City, their officers, officials, employees, designated volunteers or agents serving as independent contractors in the role of city or agency officials shall be excess of Contractor's insurance and shall not contribute with it. 3. Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled or materially modified except after 30 days prior written notice by first class mail has been given to City. 5. Each insurance policy, except for the professional liability policy, required by this clause shall expressly waive the insurer's right of subrogation against City and its elected officials, officers, employees, servants, attorneys, designated volunteers, and agents serving as independent contractors in the role of city or agency officials. 8.6. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A: VII unless waived in writing by City's Risk Manager. 8.7. Verification of Coverage. All insurance coverages shall be confirmed by execution of endorsements on forms approved by the City. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by City before services commence. As an alternative to City forms, Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 9. Termination. Either party shall have the right to terminate this Agreement at any time for any reason on written notice to the other party. In the event either party exercises its right to terminate this Agreement, City shall pay Contractor for any services rendered prior to the effective date of the termination. Contractor shall have no other claim against City by reason of such termination, including any claim for compensation. 10. Suspension. City may, in writing, order Contractor to suspend all or any part of the Contractor's Services for the convenience of City or for work stoppages beyond the control of City or Contractor. Subject to the provisions of this Agreement relating to termination, a suspension of the Services does not void this Agreement. 11. Notices. Any notices, bills, invoices, or reports authorized or required by this Agreement shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during Contractor's and City's regular business 7 of 7 R770I -n700U 067022v I .doc • • hours or by facsimile before or during Contractor's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this Section. All notices shall be addressed as follows: If to City: City Clerk City of Seal Beach 211 8th Street Seal Beach, California 90740 Fax: (562) 493 -9857 With a copy to: Public Works Director City of Seal Beach 211 8th Street Seal Beach, California 90740 If to Contractor: William B. Davenport Dynalectric Inc. 4462 Corporate Center Drive Los Alamitos, California 90720 Fax: (714) 484 -2385 12. Non - Assignability; Subcontracting. Contractor shall not assign, transfer, or subcontract any interest in this Agreement or the performance of any of Contractor's obligations hereunder. Any attempt by Contractor to so assign, transfer, or subcontract any rights, duties, or obligations arising hereunder shall be null, void and of no effect. 13. Compliance with Laws. Contractor shall comply with all applicable federal, state and local laws, ordinances, codes and regulations in force at the time Contractor performs the Services. 14. Non - Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 15. Attorneys' Fees. In the event that either party to this Agreement shall commence any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including attorneys' fees actually incurred in connection with such enforcement or interpretation. 16. Construction. The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of Califomia. In the event of any 8 of 8 57296- 0200 \1067022v1.doc • • asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement. 17. Entire Agreement. This Agreement, including any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations, or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. CITY OF SEAL BEACH DYNA . CTRIC, INC. By: By: David Carman?, City Manager W7B. Davenport Secretary & CFO By: Name: Attest: r Title: By: SA V', Linda Devine, City Cler Approv as to Form: // ��, By: .u� psi a-- Quinn Barrow, Ci ttomey 9 of 9 57296- 0200 \1067022v • • EXHIBIT A MAY 30, 2008 LETTER FROM CONTRACTOR SUBMITTING BID 10 57296-0200\1067022v I.doc • • 4462 Corporate Center Drive Los Alamitos,CA 90720 Dynalectric (714)828-7000 x2352 Fax:(714)484-2385 An EMCOR Company 3/25/08 Michael Ho City of Seal Beach Public Works 211 8th Street Seal Beach, Ca. 90740 Ph: 562-431-2527 Fax: 562-430-8763 RE: Police Department Emergency Generator Replacement Michael, Dynalectric is pleased to submit the following quotation for the above referenced project. Our quote is based on the job walk with Michael Ho and the scope of work dated 3/11/08. No spec sections or addendums noted. Please note the following Inclusions, Exclusions and Clarifications listed below. o/ Base Bid Electrical: $ 198,200.00 4 Adder for Generator to Supply Building during shut down: $ 10,355.00 !j (Includes fuel for 24 hours x 3 days) a _ L. Adder to replace panels and lighting control inside Switchgear room: $ 6,200.00 4` I SP 1`) Adder Adder for Bond Fee if Required $ 1,982.00 1 j A ill _ (� Inclusions: tP • Engineering, Plan Check, and Permit Fees • Demolition of existing switchboard, generator, fuel tank, and transfer switch • Load Monitoring of Switchboard to determine full load • Purchase and installation of new 200KW Generator with 1500 Gallon sub base tank (Capable of 5 days of operation at full load) • Installation of Concrete Pad for Generator • Installation of 800A Main Switchboard with underground pull section, meter section with 800A Main Switch, 800A ATS switch, and Distribution section for existing panel feeds. • Temporary power to Panel El during construction as required • Relocate existing panel attached to old switchboard to wall space Exclusions: • Field painting "^ A I • A90/ - j. .•" • • 4462 Corporate Center Drive ® nalect ,Y Los Alamitos,CA 90720 (714)628-7000 x2352 Fax:(714)484-2385 Perfo ce and Paymmtawi p ny • Utility Company charges or Cabling • Fire Life safety, Sound, EMS, or Security Systems • Upgrade of existing electrical or systems to code. • Repair or replacement of existing light fixtures, lamps, or ballasts If you have any questions please do not hesitate to call. My direct line is (714) 236-2352. This proposal is valid for 30 days from date shown above due to Copper and Metal prices increasing on a weekly basis. OUR POLICY - To be your "Single solution contractor"by providing the finest and fasted electric and data service possible, while installing quality material by electricians who are expertly skilled in their profession, who not only leave the premises clean, but also are courteous and neat in their appearance. NOTICE TO BUYER - - - - "Under the Mechanics'Lien Law(Section 7016,California Business and Professional Code) any contractor,subcontractor,laborer,supplier or other person - who helps to improve your property but is not paid for his work or supplies,has a right to enforce a claim against your property.This means that,after a court hearing.your property could he sold by a court officer and the proceeds of the sale used to satisfy the indebtedness. This can happen even if you have paid your contractor in full,if the subcontractor,laborer,or supplier remains unpaid." "Contractors are required by law to be licensed and regulated by the Contractors State License Board.Any questions concerning a contractor may be referred to the Register,Contractors State License Board,3132 Bradshaw Road,Sacramento,California. Mailing Address: Y.O.Box 26000,Sacramento,California 95826 Sincerely, $1icfraetLigfitfnot Project Manager egg M� t/ uV 5 1eS1 �. S EXHIBIT B SCHEDULE OF VALUES 11 57296-0200A1067022v1.doc Dynalectric • • Schedule of Values Billing Form Job Name Seal Beach Police Station Generator Replacement Job No. 58065 '' -'.' _ GENER A'L . I N--:F_OR•M"A T O;N -` •' - Subcontractor/Supplier Name City of Seal Beach Date 07-Jul-08 Payment Remittance Address 211 8th St. Invoice No. Seal Beach, Ca.90740 For Period Ending 30-Jul-08 Phone No. 562-431-2527 FAX No. 562-430-8763 ORIGINAL .CONT,R AC•T Breakdown Description Breakdown Amount Previous% Progress% Total% Requested Amount 1) Startup/Load Monitoring 8,000.00 0% 0% 0% 0 2) Generator Pad Construction 15,000.00 0% 0% 0% 0 3) Undeground Feeders _ 19,000.00 0% 0% 0% 0 4) Generator Installation _ 72,000.00 0% 0% 0% 0 5) Switchgear Installation 59,000.00 _ 0% 0% 0% 0 6) Overhead Feeders 20,850.00 0% 0% 0% 0 7) Temporary Power 12,000.00 0% 0% 0% 0 8) Final Connections 8,905.00 0% 0% 0% 0 9) Bond Fee 1,982.00 0% 0% 0% 0 10) 0.00 0% 0% Totals From 2nd Page 0 0% 0% 0% 0 Original Contract Totals 276,737 0 q Approval of Progress Payment dB. ie7s:7 ' tAP P R O V E D C;H A N G E ORDERS C.O.It Amount Total% Requested Amount 1 0 700% 0 2 0 700% 0 3 0 700% 0 4 0 700% 0 5 0 700% 0 6 0 700% 0 7 0 700% 0 8 0 700% 0 9 0 100% 0 10 0 100% 0 2nd Page 0 0 Total C.0's 0 0 -? 'Y'PAYMENT REQUEST SUMMARY Total Current Contract Amount 216,737.00 Work Completed To Date 0.00 Less Retention% 70% 0.00 Subtotal 0.00 Less Previous Payment Requests 0.00 Amount Due This Payment Request 0.00 v. ;."DYNALECTRIC OFFICE USE ONLY Vendor No. Job No. 58065 Company Name Type S Item SUB Code Signature Date Extension Entered (SIGNATURE FROM OFFICER OF COMPANY) Approved Date Paid Print Name and Title App. No. Check No.