EBIX Insurance No. *8200004390
AGREEMENT FOR SERVICES
BETWEEN THE
CITY OF SANT A CLARA, CALIFORNIA
AND
PERFORMANCE MECHANICAL, INC.
PREAMBLE
This Agreement is entered into between the City of Santa Clara, California, a chartered California municipal corporation (City) and Performance Mechanical, Inc., a California Corporation (Contractor). City and Contractor may be referred to individually as a "Party" or collectively as the "Parties" or the "Parties to this Agreement."
RECITALS
A. City desires to secure the services more fully described in this Agreement, at Exhibit A, entitled "Scope of Services";
B. Contractor represents that it, and its subcontractors, if any, have the professional qualifications, expertise, necessary licenses and desire to provide certain goods and/or required services of the quality and type which meet objectives and requirements of City; and,
C. The Parties have specified herein the terms and conditions under which such services will be provided and paid for.
The Parties agree as follows:
AGREEMENT TERMS AND CONDITIONS
1. AGREEMENT DOCUMENTS
The documents forming the entire Agreement between City and Contractor shall consist of these Terms and Conditions and the following Exhibits, which are hereby incorporated into this Agreement by this reference:
Exhibit A - Scope of Services
Exhibit B - Schedule of Fees
Exhibit C - Insurance Requirements
Exhibit D - Notice of Exercise of Option to Extend Agreement Form Exhibit E - Labor Compliance Addendum
Agreement with Performance Mechanical, Inc
Rev 07-01-2018
2 This Agreement, including the Exhibits set forth above, contains all the agreements, representations and understandings of the Parties, and supersedes and replaces any previous agreements, representations and understandings, whether oral or written. In the event of any inconsistency between the provisions of any of the Exhibits and the Terms and Conditions, the Terms and Conditions shall govern and control.
2. TERM OF AGREEMENT
A. Unless otherwise set forth in this Agreement or unless this paragraph is subsequently modified by a written amendment to this Agreement, the term of this Agreement shall begin on July 1, 2021 and expire on June 30, 2026.
B. After the Initial Term, City reserves the right, at its sole discretion, to extend the term of this Agreement for up to five (5) additional one-year terms through June 30, 2031 ("Option Periods"). City shall provide Contractor with no less than thirty (30) days prior written notice of its intention to exercise its option to extend the term of this Agreement. See Exhibit D for Notice of Exercise of Option to Extend Agreement Form.
3. SCOPE OF SERVICES & PERFORMANCE SCHEDULE
Contractor shall perform those Services specified in Exhibit A within the time stated in Exhibit A. Time is of the essence.
4. WARRANTY
Contractor expressly warrants that all materials and services covered by this Agreement shall be fit for the purpose intended, shall be free from defect and shall conform to the specifications, requirements and instructions upon which this Agreement is based. Contractor agrees to promptly replace or correct any incomplete, inaccurate or defective Services at no further cost to City when defects are due to the negligence, errors or omissions of Contractor. If Contractor fails to promptly correct or replace materials or services, City may make corrections or replace materials or services and charge Contractor for the cost incurred by City.
5. QUALIFICATIONS OF CONTRACTOR-STANDARD OF CARE
Contractor represents and maintains that it has the expertise in the professional calling necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and City expressly relies upon Contractor's representations regarding its skills and knowledge. Contractor shall perform such Services and duties in conformance to and consistent with the professional standards of a specialist in the same discipline in the State of California.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018
3 6. COMPENSATION AND PAYMENT
In consideration for Contractor's complete performance of Services, City shall pay Contractor for all materials provided and Services rendered by Contractor in accordance with Exhibit B, entitled "SCHEDULE OF FEES AND PAYMENT PROVISIONS." The Maximum Compensation of this Agreement during the Initial Term is Two Million Dollars ($2,000,000), subject to budget appropriations, which includes all payments that may be authorized for Services and for expenses, supplies, materials and equipment required to perform the Services. All work performed or materials provided in excess of the Maximum Compensation shall be at Contractor's expense. City does not guarantee any minimum compensation under this Agreement. Contractor shall not be entitled to any payment above the Maximum Compensation under any circumstance.
7. TERMINATION
A. Termination for Convenience. City shall have the right to terminate this Agreement, without cause or penalty, by giving not less than Thirty (30) days' prior written notice to Contractor.
B. Termination for Default. If Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, City may terminate this Agreement immediately upon written notice to Contractor.
C. Upon termination, each Party shall assist the other in arranging an orderly transfer and close-out of services. As soon as possible following the notice of termination, but no later than ten (10) days after the notice of termination, Contractor will deliver to City all City information or material that Contractor has in its possession.
8. ASSIGNMENT AND SUBCONTRACTING
City and Contractor bind themselves, their successors and assigns to all covenants of this Agreement. This Agreement shall not be assigned or transferred without the prior written approval of City. Contractor shall not hire subcontractors without express written permission from City.
Contractor shall be as fully responsible to City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons directly employed by it.
9. NO THIRD-PARTY BENEFICIARY
This Agreement shall not be construed to be an agreement for the benefit of any third party or parties and no third party or parties shall have any claim or right of action under this Agreement for any cause whatsoever.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 3 of 34
4 10. INDEPENDENT CONTRACTOR
Contractor and all person(s) employed by or contracted with Contractor to furnish labor and/or materials under this Agreement are independent contractors and do not act as agent(s) or employee(s) of City. Contractor has full rights to manage its employees in their performance of Services under this Agreement.
11. CONFIDENTIALITY OF MATERIAL
All ideas, memoranda, specifications, plans, manufacturing procedures, data, drawings, descriptions, documents, discussions or other information developed or received by or for Contractor and all other written information submitted to Contractor in connection with the performance of this Agreement shall be held confidential by Contractor and shall not, without the prior written consent of City, be used for any purposes other than the performance of the Services nor be disclosed to an entity not connected with performance of the Services. Nothing furnished to Contractor which is otherwise known to Contractor or becomes generally known to the related industry shall be deemed confidential.
12. OWNERSHIP OF MATERIAL
All material, which shall include, but not be limited to, data, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports, designs, technology, programming, works of authorship and other material developed, collected, prepared or caused to be prepared under this Agreement shall be the property of City but Contractor may retain and use copies thereof. City shall not be limited in any way or at any time in its use of said material. However, Contractor shall not be responsible for damages resulting from the use of said material for work other than Project, including, but not limited to, the release of this material to third parties.
13. RIGHT OF CITY TO INSPECT RECORDS OF CONTRACTOR
City, through its authorized employees, representatives or agents shall have the right during the term of this Agreement and for four (4) years from the date of final payment for goods or services provided under this Agreement, to audit the books and records of Contractor for the purpose of verifying any and all charges made by Contractor in connection with Contractor compensation under this Agreement, including termination of Contractor. Contractor agrees to maintain sufficient books and records in accordance with generally accepted accounting principles to establish the correctness of all charges submitted to City. Any expenses not so recorded shall be disallowed by City. Contractor shall bear the cost of the audit if the audit determines that there has been a substantial billing deviation in excess of five (5) percent adverse to the City.
Contractor shall submit to City any and all reports concerning its performance under this Agreement that may be requested by City in writing. Contractor agrees Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 4 of 34
5 to assist City in meeting City's reporting requirements to the State and other agencies with respect to Contractor's Services hereunder.
14. HOLD HARMLESS/INDEMNIFICATION
A. To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and attorney's fees in providing a defense to any such claim or other action, and whether sounding in law, contract, tort, or equity, in any manner arising from, or alleged to arise in whole or in part from, or in any way connected with the Services performed by Contractor pursuant to this Agreement - including claims of any kind by Contractor's employees or persons contracting with Contractor to perform any portion of the Scope of Services - and shall expressly include passive or active negligence by City connected with the Services. However, the obligation to indemnify shall not apply if such liability is ultimately adjudicated to have arisen through the sole active negligence or sole willful misconduct of City; the obligation to defend is not similarly limited.
B. Contractor's obligation to protect, defend, indemnify, and hold harmless in full City and City's employees, shall specifically extend to any and all employment-related claims of any type brought by employees, contractors, subcontractors or other agents of Contractor, against City (either alone, or jointly with Contractor), regardless of venue/jurisdiction in which the claim is brought and the manner of relief sought.
C. To the extent Contractor is obligated to provide health insurance coverage to its employees pursuant to the Affordable Care Act ("Act") and/or any other similar federal or state law, Contractor warrants that it is meeting its obligations under the Act and will fully indemnify and hold harmless City for any penalties, fines, adverse rulings, or tax payments associated with Contractor's responsibilities under the Act.
15. INSURANCE REQUIREMENTS
During the term of this Agreement, and for any time period set forth in Exhibit C, Contractor shall provide and maintain in full force and effect, at no cost to City, insurance policies as set forth in Exhibit C.
16. WAIVER
Contractor agrees that waiver by City of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Neither City's review, acceptance nor payments for any of the Services required under this Agreement Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 5 of 34
6 shall be constructed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement.
17. NOTICES
All notices to the Parties shall, unless otherwise requested in writing, be sent to City addressed as follows:
City of Santa Clara
Attention: Silicon Valley Power
1500 Warburton Avenue
Santa Clara, CA 95050
[email protected], [email protected], and [email protected]
And to Contractor addressed as follows:
Performance Mechanical, Inc.
701 Willow Pass Road, Suite 2
Pittsburg, CA 94565
Phone: (925) 432-4141
ATTN: Christian Gugliemo
Email: [email protected]
The workday the e-mail was sent shall control the date notice was deemed given.
An e-mail transmitted after 1 :00 p.m. on a Friday shall be deemed to have been transmitted on the following business day.
18. COMPLIANCE WITH LAWS
Contractor shall comply with all applicable laws and regulations of the federal, state and local government, including but not limited to "The Code of the City of Santa Clara, California" ("SCCC"). In particular, Contractor's attention is called to the regulations regarding Campaign Contributions (SCCC Chapter 2.130), Lobbying (SCCC Chapter 2.155), Minimum Wage (SCCC Chapter 3.20), Business Tax Certificate (SCCC section 3.40.060), and Food and Beverage Service Worker Retention (SCCC Chapter 9.60), as such Chapters or Sections may be amended from time to time or renumbered. Additionally Contractor has read and agrees to comply with City's Ethical Standards (http://santaclaraca.gov/home/showdocument?id=58299).
19. CONFLICTS OF INTEREST
Contractor certifies that to the best of its knowledge, no City officer, employee or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Agreement. Contractor is familiar with the provisions of California Government Code section 87100 and Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 6 of 34
7 following, and certifies that it does not know of any facts which would violate these code provisions. Contractor will advise City if a conflict arises.
20. FAIR EMPLOYMENT
Contractor shall not discriminate against any employee or applicant for employment because of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law.
21. NO USE OF CITY NAME OR EMBLEM
Contractor shall not use City's name, insignia, or emblem, or distribute any information related to services under this Agreement in any magazine, trade paper, newspaper or other medium without express written consent of City.
22. GOVERNING LAW AND VENUE
This Agreement shall be governed and construed in accordance with the statutes and laws of the State of California. The venue of any suit filed by either Party shall be vested in the state courts of the County of Santa Clara, or if appropriate, in the United States District Court, Northern District of California, San Jose, California.
23. SEVERABILITY CLAUSE
In case any one or more of the provisions in this Agreement shall, for any reason, be held invalid, illegal or unenforceable in any respect, it shall not affect the validity of the other provisions, which shall remain in full force and effect.
24. AMENDMENTS
This Agreement may only be modified by a written amendment duly authorized and executed by the Parties to this Agreement.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 7 of 34
8 25. COUNTERPARTS
This Agreement may be executed In counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same Instrument.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the following signatures of their duly authorized representatives.
CITY OF SANT A CLARA, CALIFORNIA
a chartered California municipal corporation
Approved as to Form:
( Digitally signed by Calo
C- CJ,,L_... ~:~~~~~21.09.1514:55:33
·07'00'
Office of the City Attorney
City of Santa Clara
"CITY"
N J
City Man r
1500 Wa urton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
PERFORMANCE MECHANICAL, INC.
A California Corporation
Dated:~
By (Signature):=
Name:<.\?\~ 'X,A,,._) ~'0'9~"
Tit I e: C'-:>,-::s:r-AA.,--.a:.., eq ""9t-> A'9'6.iL
Principal Place of •
Business Address: 7D \ W1:.L+,Dw Qi¥¼ \(o .':>c:i;re.2.. \>~ll§ 1<"A '1~ Email Address: C,~v<!j1 t.roo ~ ~~ro<L<..'-' ,£..t>'('A Telephone: Oi'2..":>- \.\)'2. ... 4oio
Fax: °1'2...'::>- "\~'2.-l..\\'-\)
"CONTRACTOR"
Agreement with Performance Mechanlcal, Inc
Rev 07-01-2018 Page 8 of34
9 EXHIBIT A
SCOPE OF SERVICES
1 BOILERMAKER/PIPEFITTER SERVICES
1.1 Contractor shall provide turnkey services including all labor, materials, tools, permits, and equipment necessary to provide as-needed
Boilermaker/Pipefitter Services when requested by City.
1.2 Welding services:
1.2.1 Contractor welders shall all be American Welding Society (AWS) certified for the specific type of welding they are performing.
1.2.2 Contractor shall provide welders that are capable of welding different materials, in different orientations with limited access and restricted movement. This includes:
1.2.2.1 Welding P91 or T91 piping or tubing;
1.2.2.2 Welding components in a 6G configuration;
1.2.2.3 Mirror welding;
1.2.2.4 Welding in a confined space;
1.2.2.5 Welding near structures, components, walls or refractory; and
1.2.2.6 Welding via Tungsten Inert Gas (TIG), or SMAW (stick welding).
1.2.2.7 Contractor shall TIG weld completely (as feasible) all piping with nominal Outside Diameter of 4-inches and
smaller.
1.3 Boiler piping repairs per current enforceable National Board Inspection Code Non-Boiler External Piping per National Board Inspection Code (NBIC);
1.3.1 Process piping repairs;
1.3.2 Pipe hanger replacements and/or repairs;
1.3.3 Insulation removal, installation and repair;
1.3.4 Heat Recovery Steam Generator (HRSG) liner repairs;
1.3.5 HRSG piping and tubing repairs (fired boilers) per current enforceable national board inspection code;
1.3.6 HRSG casing repairs;
1.3.7 Tank (steam drum) repairs per current enforceable NBIC;
1.3.8 Tank (pressure vessels) repairs per the current enforceable American Petroleum Institute (API) 510 pressure vessel inspection code;
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 9 of 34
10 1.3.9 Fabrication and installation of components for fired boilers;
1.3.10 Fabrication and installation of components for pipe supports;
1.4 Non-Destructive Examination (NOE) Services; and
1.5 Other miscellaneous mechanical worl< to support the successful operation of power plants.
2 GENERAL
2.1 Contractor shall include at least one (1) mobilization for a tool trailer annually.
2.2 All material scrap shall be recycled and the value credited to City.
2.3 Contractor shall include the necessary Quality Assurance/Quality Control (QA/QC) required by state law and recommended by American Society of Mechanical Engineers (ASME).
2.4 Contractor shall supply all consumables including weld gas and inspection chemicals to support the described scope.
2.5 Contractor shall provide all cribbing and rigging necessary to support crane operations.
2.6 Contractor shall perform a minimum of two site safety audits annually for its employees working onsite for City.
2.7 City may participate in or observe any inspection.
2.8 Contractor shall be responsible for disposing of all hazardous material generated during the performance of services described in this. Exhibit A.
2.9 Contractor shall be responsible for obtaining any City permits required to perform the required services.
2.10 Contractor shall handle all shipping required for parts or tooling.
2.11 Contractor shall provide scaffolding as required by City.
2.12 Drawings and engineering support shall be provided by City or its contracted third-party vendor, as necessary for Contractor to perform the services described in this Exhibit A.
3 PROJECT QUOTES AND AUTHORIZATION OF WORK
3.1 When boilermaker and/or pipefitter services are needed, City shall request a quote from Contractor
3.2 The quote shall include the following details.
3.2.1. The specific service(s) to be performed;
3.2.2. A project schedule including expected start and end dates;
3.2.2.1. The project schedule shall point out any activities and/or products or materials that may impact the project timeline, Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 10 of34
11 including but not limited to, lead time(s) for material sourcing; shipping and receiving delays; and any other
delays.
3.2.3. Estimated cost(s) for the requested services, including: Items not specified are assumed to be included in the hourly rate.
3.2.3.1. Labor costs (prevailing wage and non-prevailing wage);
3.2.3.2. Project management costs (if applicable);
3.2.3.3. Tools, equipment, and materials;
3.2.3.4. Any additional costs (scaffolding, crane rentals, etc.); and
3.2.3.5. Total not to exceed price.
3.2.4. City shall review the quote and, if there are no issues or concerns, approve the quote and provide written authorization for Contractor to begin work.
3.2.5. City shall not be required to pay a deposit or any other form of prepayment prior to the Contractor beginning work.
3.3 At no time shall Contractor begin work before City has provided written authorization, with the exception of emergency services, as described below.
3.4 Emergency Services
3.4.1 An emergency service shall be defined as an unforeseen event, circumstance, or combination thereof that City reasonably determines to require immediate action, presents an ongoing danger to public health and safety, and/or irnper(ls City facilities.
3.4.2 Emergency services must be approved in writing (e-mail acceptable).
3.4.3.1. Emergency ·services may only be authorized, in writing, by an Assistant Director of the Electric Utility, Electric Utility Chief Operating Officer, or Chief Electric Utility Officer.
3.4.3.2. Emergency services may be approved verbally (in the field) where appropriate. When verbal authorization is given,
Contractor shall follow up with City for written confirmation within three (3) days.
3.4.3 When emergency services are required, Contractor shall send a quote to City for the required services as soon as possible, but no later than within three (3) business days of starting work. The quote shall be detailed in accordance with this Section 3, and shall also include any completed work.
3.5 Changes
3.5.1. Contractor is responsible for notifying City in a timely manner when the quoted cost may change.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018
12 3.5.2. Contractor shall provide reason(s) for the change specific to each work authorization such as due to new findings, changes in process, or changes in regulations.
3.5.3. If changes identified by Contractor shall result in an adjustment in cost, Contractor shall submit a revised quote to the City, in accordance with this Section 3.
3.5.3.1. In the event that issues are identified that can be most efficiently and economically resolved while on site, changes may be approved verbally (in the field), by telephone, oremail by the following authorized individuals: Assistant Director, Chief Electric Utility Operating Officer, and Chief Electric Utility Officer.
3.5.3.2. Where authorization is provided verbally, Contractor shall follow up in writing (e-mail acceptable) for written
confirmation
3.5.3.3. In that event, Contractor shall provide an updated proposal within two (2) business days.
3.5.4. In the event City requests changes to the approved work, Contractor shall submit a quote for the requested work in accordance with this Section 3.
3.6 Where the terms of any quote are in conflict with this Agreement, the terms of the Agreement shall prevail.
3.7 All submitted pricing shall be in accordance with the rates authorized in this Agreement.
4 REPORTING AND DOCUMENTATION
4.1 Contractor shall provide regular status updates on services performed during the term of the agreement. Depending on work activity, status updates may be required daily, weekly, or monthly at the direction of City.
4.2 Required reports may include cost and schedule updates for services Contractor is providing to City.
4.3 Contractor shall provide Material Test Reports (MTRs) for all materials procured for use in any weld repair during the term of the agreement. 5 SCHEDULE
5.1 Contractor shall be available to provide routine services within thirty (30) days of request by City.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 12 of 34
13 5.2 Remedial measures (when required) shall be completed in a timely, efficient manner so as to ensure the power plant equipment is operational as soon as possible.
5.3 Except where otherwise directed by City, Contractor shall perform the required services between 7:00 AM - 7:00 PM, Monday through Friday and avoid overtime except where requested and approved by City.
5.4 If City requires services outside of regular business hours, Contractor shall provide a quote to City for the required services (listing labor costs and parts/equipment costs separately). Contractor shall not begin worl< until City has given written approval.
6 SAFETY
6.1 Contractor shall comply with all site-specific safety requirements and procedures including but not limited to Locl<out/Tagout (LOTO), Confined Space, Fall Protection, Chemical Safety, Hazardous Waste and Personnel Protective Equipment (PPE).
6.2 Contractor, its employees, and any subcontractors shall always act in a safe manner while on City property.
6.3 The Contractor shall be responsible for creating a safe worl< environment for all personnel and City employees as well as for traffic control at the job site.
6.4 Contractor's safety provisions shall be in accordance with all applicable federal, state, county, and local laws, ordinances and codes.
6.5 Contractor shall be responsible for remaining up to date on all applicable federal, state, county, and local laws, ordinances and codes in the event they are amended. Where any amended applicable laws or ordinances are in conflict with City's requirements, the more stringent requirement(s) shall be followed. The Contractor's failure to be thoroughly familiarized with the safety provisions shall not relieve the Contractor from compliance with the obligations and penalties resulting therefrom.
6.6 Contractor shall provide and maintain an Injury and Illness Prevention Program (IIPP) pursuant to Title 8, Section 3203 of the California Administrative Code. The program shall include, but not be limited to, a safety training program instructing Contractor's employees in general safe worl< practices and shall include specific instructions with regard to hazards unique to the employee's job assignment. A copy of the Contractor's IIPP shall be submitted to City prior to the execution of an agreement, and be made available on site upon request.
6.7 Contractor shall schedule periodic safety inspections to identify and correct unsafe conditions and worl< practices. City reserves the right to accompany Contractor during these inspections.
6.8 Contractor's employees (including any subcontractors) shall not use or possess alcohol, narcotics, firearms, or drugs of any nature other than Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 13 of 34
14 medical (for which the Contractor's employee has a current doctor's prescription) on City property and while performing services for City.
Employees using prescribed medication will not engage in any work if the medication can potentially impair the employee's ability to perform the work safely.
6.9 Contractor's employees (including any subcontractors) shall utilize appropriate Personal Protective Equipment (PPE) and Fire Resistant (FR) clothing, as required. Contractor shall provide the required PPE and FR clothing at its own expense.
6.10 Contractor shall immediately remove any personnel who is acting in an unsafe or dangerous manner.
6.11 Contractor shall notify City immediately in event of an injury or property damage that occurs during the performance of the services described in this Exhibit A. Contractor shall investigate the reported injury or damage upon request from City, and provide City with regular updates until the investigation is resolved. City reserves the right to perform its own investigation. Should City choose to conduct its own investigation, Contractor shall assist City as required.
6.12 Contractor and its employees shall watch a City safety video prior to the commencement of work.
6.13 Contractor shall provide safety training records for its employees upon request.
7 TOOLS AND EQUIPMENi:
7.1 7.2
I 7.3
7.4 7.5
Contractor is responsible for identifying and providing all tools (including specialty tooling) and equipment necessary to perform work. City will not loan tools or equipment to Contractor.
Contractor shall not assume that City has any tooling required to perform any of the disassembly or reassembly of piping, pipe supports, insulation, flanges, HRSG tubes, HRSG liners, HRSG drums or HRSG casing.
All equipment shall be operated and well-maintained in a satisfactory condition at all times and in compliance with state and federal regulations including, but not limited to, the Occupational Safety and Health Administration (OSHA).
City may suspend work where they observe that proper tools and equipment are not being used.
If tooling purchased for a scope of work is billed to City, such tooling shall remain with City and is the property of City.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 14 of 34
15 8 PROFESSIONAL BEHAVIOR
8.1 Contractor shall be responsible for the conduct, demeanor and appearance of its employees while on or about the job site or while acting in the course and scope of employment.
8.2 Contractor's employees shall be neat and clean, and shall act in a courteous and professional manner. No employee shall use improper language or act in a loud, offensive, or otherwise improper manner.
8.3 Contractor's employees shall be trained as to the requirements of their positions and the importance of performing their jobs according to City's instructions.
8.4 Contractor's employees shall be all times polite and courteous in their dealings with City staff and members of the public, treating them with patience and respect.
8.5 Contractor's employees shall speak clearly and in a professional manner while interacting with members of the public, offering the assistance needed by each person.
8.6 Contractor shall submit any complaints received against it to City immediately.
9 WORKMANSHIP
9.1 Contractor shall perform the required services in an environmentally responsible manner.
9.2 Contractor shall assume full responsibility for the protection and safekeeping of material and tools stored at the site, and shall lock all Contractor vehicles when parked and unattended, to prevent unauthorized use. Contractor shall not leave vehicles or equipment unattended with the motor running or the ignition key in place.
9.3 Contractor shall take all necessary precautions to protect City and private property from damage during the performance of the required services.
Contractor shall be responsible for the repair of any property damaged during the performance of services. Damage to City property that cannot be repaired shall be replaced at the Contractor's sole expense, prior to issuance of payment to the Contractor by City. Any expenses incurred by City to repair property damage will be deducted from the Contractor's compensation.
9.4 Contractor will make all reasonable efforts to minimize obstructions and inconvenience to private property owners such as, but not limited to, noise associated with testing.
9.5 Contractor shall keep their work site(s) free from all surplus material, waste material, dirt and rubbish caused by Contractor's performance of services.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 15 of34
16 9.6 Contractor shall leave the work site in a neat and orderly condition. All cleanup work will be done to the satisfaction of City, and at the sole expense of Contractor.
9. 7 Upon the end of the workday, or suspension of work, Contractor shall remove all equipment and obstructions from any property typically open for use by public traffic. Any incomplete work shall be secured in a manner that does not present a hazard to City or public.
9.8 City shall have the right to inspect any work performed by the Contractor and any subcontractors. Should City determine upon inspection any unsatisfactory or defective work, the Contractor shall immediately correct the work at no additional cost to City.
9.9 City shall not perform any work for Contractor except in an emergency situation or as determined necessary by City such as, but not limited to adequately protect City's electrical or other facilities or to restore work area to a safe condition. City will be reimbursed for any work done for the Contractor ( deduction from the Contract or invoice to Contractor at the sole discretion of City). This will include all costs (direct straight time or overtime wages, all overhead, administration, engineering, vehicle, and equipment costs).
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page16of34
17 EXHIBIT B
SCHEDULE OF FEES AND PAYMENT PROVISIONS
1. MAXIMUM COMPENSATION
The maximum amount of compensation to be paid to Contractor during the Initial Term shall not exceed Two Million Dollars ($2,000,000).
2. RATES
2.1. City shall pay Contractor in accordance with the rates listed in Exhibit B-1- Rate Schedule attached and incorporated by reference.
2.2. Definitions:
2.2.1. Straight time: Monday through Friday, first eight (8) hours worked.
2.2.2. Overtime: Monday through Friday, first two (2) hours worked after straight time.
2.2.3. Double Time:
2.2.3.1. 2.2.3.2.
2.2.3.3. 2.3. Equipment Rental
Monday through Friday after ten (10) hours worked
Saturday and Sunday
Holidays
2.2.3.3.1. New Year's Day, Martin Luther King Day,
President's Day, Memorial Day,
Independence Day, Labor Day,
Thanksgiving Day, and Christmas Day.
2.2.3.3.2. Where the holiday falls on a Saturday, the
holiday rate shall apply on the preceding
Friday. Where the holiday falls on a
Sunday, the holiday rate shall apply on the
following Monday.
2.3.1. Stand-by time will be charged at 80% of Applicable Rate. Hourly rates will be 20% of Daily Rate.
2.3.2. Rental Rates are charged based on consecutive use on the job.
2.3.2.1. 2.3.2.2.
2.3.2.3. Based on continuous use, Contractor shall charge based on the lessor of daily, weekly, or monthly rates.
After one week of continuous use, additional days shall be charged at 20% of the weekly rate.
After one month of continuous use, additional days shall be charged at 5% of the monthly rate for the same
calendar month.
Agreement with PeIiormance Mechanical, Inc
Rev 07-01-2018 Page 17 of 34
18 2.3.2.4. Two shifts are charged at 1.5 times the single shift rate.
Three shifts are charged at 2 times the single shift rate.
2.3.3. Equipment Rental Rates do not include operator, pick-up, or delivery.
Where required, operators or pick-up and delivery charges are charged at the applicable hourly rate in Exhibit B-1.
2.3.4. Equipment Rental Rates do not include tire service, repairs (other than normal wear and tear) or tool sharpening. Such services shall be provided at the applicable hourly rate in Exhibit B-1 .
2.3.5. Equipment Rental Rates include fuel charges. In the event that fuel prices increase significantly, Contractor may charge a fuel surcharge subject to reasonable notification and justification to City.
2.3.6. Third party rentals are subject to the provisions of the Reimbursable Expenses section below, and do not include consumables.
2.4. All pricing shall be firm fixed for the first two (2) years of the Agreement.
Contractor shall notify City ninety (90) days in advance of any proposed rate increase. If City approves such rate increase, Parties shall execute an Amendment to this Agreement.
2.5. Where applicable, contractor shall add sales tax. An estimate and line item breakdown of materials and other items are taxable shall be included on each quote.
3. REIMBURSABLE EXPENSES
3.1. Contractor may submit invoices for reimbursement of expenses set forth below, subject to the following conditions.
3.2. Expenses shall be reimbursable only to the extent that the Contractor submits sufficient documentation to City that the expenses were directly incurred in providing the required services and that such expenses aren't included in fixed or hourly rates.
3.3. The following expenses shall be reimbursable by City.
3.3.1. Travel-related expenses (mileage, lodging, meals, etc.);
3.3.1 .1. Unless approved in writing (e-mail acceptable) in advance, meals, lodging, and related Per Diem shall not exceed the rates outlined by United States General Services
Administration (GSA).
https://www.gsa.gov/travel-resources
3.3.1.2. City shall not reimburse local travel (within Santa Clara County).
3.3.2. The rental of any specialized equipment to the extent City has preapproved, in writing, the cost of such rental.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 18 of 34
19 3.3.3. The cost of mailing, shipping and/or delivery of any documents or materials on behalf of City.
3.3.4. Any other expenses expressly identified as being reimbursable.
3.4. Except as specified above, City will reimburse these expenses at actual cost only.
3.5. An estimat~ of reimbursable expenses shall be included in each quote.
4. INVOICING
4.1. Contractor shall submit an invoice to City monthly, in arrears, for payment for services performed the previous month, pursuant to this Agreement.
4.2. Each invoice shall include the task costs for the previous month.
4.3. If City disputes an expense in an invoice, City may deduct the disputed expense from the payment of that invoice, provided that City submits to Contractor a written explanation of why the expense is being disputed. 5, PAYMENT TO CONTRACTOR
5.1. City shall review the invoice submitted by Contractor and shall notify Contractor of any discrepancies or deficiencies in said invoice.
5.2. If there are no discrepancies or deficiencies in the submitted invoice and Contractor has submitted all required Certified Payroll, City shall process the invoice for payment.
6. RENEWAL PERIOD COMPENSATION
6.1. Pursuant to Section 2 of this Agreement, City reserves the right to extend the term of this Agreement for five (5) additional one-year terms ("Option Periods").
6.2. Contractor may request adjustments to the compensation rates on the oneyear anniversary date of the Agreement during the term of the Agreement, including option periods.
6.2.1. The Contractor must demonstrate to the satisfaction of the City that a price increase is warranted.
6.2.2. City approval or denial of the requested rate adjustment will be provided in writing (e-mail acceptable).
6.2.3. Rate adjustments may be requested no more than once per calendar year.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 19 of 34
20 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE - EFFECTIVE JULY 1, 2021
LABOR RATES
STRAIGHT TIME OVERTIME
BOILERMAKERS
JOURNEYMAN 135,00 180. 75
ASST FOREMAN 136.90 183.41
FOREMAN 138.80 186.07
GENERAL 158,58 213.80
SUPERJNTENDENT 168.47 227.66
HELPER 64.62 83.22
APPR 1 112.41 149.07
APPR2 116.17 154.35
APPR3 119.94 159,63
APPR4 123.70 164,91
APPR5 127.47 170. I 9
APPR6 131.24 175.47
CARPENTERS
JOURNEYMAN 125.21 157.23
FOREMAN 133. 18 168.41
GENERAL 150.71 192.98
LABORERS
JOURNEYMAN 87.37 107.38
FOREMAN 90.41 111.63
MILLWRIGHTS
JOURNEYMAN 127.66 159.83
FOREMAN 134.49 169.41
GENERAL 138.28 174.73
SUPERJNTENDENT 147.35 187.45
APPR 1 72.56 91.86
APPR2 80.99 101.91
APPR3 89.80 112.32
APPR4 93.80 117.93
APPR5 111.64 137.38
APPR6 115.64 143.00
APPR 7 119.65 148.61
APPR8 123.65 154.22
DOUBLE TIME
226,50
229.92
233.35
269,02
286,86
101.83
185.74
192.53
199.33
206,12
212.91
219.71
189.26
203.64
235.26
127.39
132,86
192.01
204,34
211.18
227.54
111.17
122,83
134.85
142.07
163,13
170,35
177.57
184.79
21 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE - EFFECTIVE JULY 1, 2021
LABOR RATES
STRAIGHT TIME OVERTIME DOUBLETlME
PIPEFJTTERS - FIELD
JOURNEYMAN 162,17 206,95 251.72
ALLOY WELDER 170.40 218.48 266.56
FOREMAN 175.03 224.97 274.91
GENERAL I 84.80 238,66 292.53
SUPERINTENDENT 195.08 253.08 311.08
APPR I 76.92 94,02 111.12
APPR2 82.06 101.23 120.40
APPR3 I 10.75 134.86 158,97
APPR4 115,89 142.07 168,24
APPR5 121.03 149.28 177,52
APPR6 126,18 156.48 186, 79
APPR 7 131.32 163,69 196,07
APPR8 136.46 170.90 205,34
APPR9 141.60 178.11 214,62
APPR 10 146,74 185.32 223.89
PIPEFITTERS - SHOP (PITTSBURG, CA)
JOURNEYMAN 165,37 210.15 254.92
ALLOY WELDER 173.60 221.68 269.76
FOREMAN 175.66 224.56 273.47
GENERAL 185.94 238.98 292.02
SUPERINTENDENT 196.23 253.40 310,57
APPR 1 80.12 97.22 114.32
APPR2 85.26 104.43 123,60
APPR3 113.95 138.06 162,17
APPR4 119.09 145.27 171.44
APPR5 124.23 152.48 180.72
APPR6 129.38 159.68 189.99
APPR 7 134.52 166.89 199.27
APPR8 139.66 174.10 208.54
APPR9 144.80 181.31 217.82
APPR 10 149.94 188.52 227.09
FJELD STAFF
EST/PROJECT MGR 147.34 207.76 267.12
PROJECT 111.30 154.76 198.22
FIELD ENGINEER 94.34 129.32 165.36
SCHEDULER 140.98 197.16 254.40
QC 138,86 195,04 251.22
SAFETY I 13.42 156,88 201.40
TIMEKEEPER 57,24 78.44 100.70
CLERJCAL 51.94 71.02 90.10
22 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE - EFFECTIVE JULY 1, 2021
TOOLS AND EQUPMENT RATES
DESCRIPTON DAILY WEEKLY MONTHLY
ROLLING EQUIPMENT
* DUMP-TRUCK, 2 AXLE 290.00 875.00 2,650.00
* FLATBED TRUCK, 1 TON 205.00 610.00 1,850.00
* FLATBED TRUCK, 5-TON 255.00 765.00 2,315.00
* FORKLIFT, 5000#, INDUSTRTAL PNEUMATIC 215.00 640,00 1,950.00 * FORKLIFT, 5 TON, (GRADALL or LULL) 405,00 1,210.00 3,650.00 * BACKHOE, CASE 580 OR EQUAL 355.00 1,040.00 3,150.00
EXTENSION BOOM FOR FORKLIFT 20.00 65.00 200.00
MANUAL MECHANICAL LIFT (HYLIFT) 35.00 100.00 300.00
TRASH HOPPER FOR FORKLIFT 20.00 65.00 200.00
MAN BASKET FOR CRANE 20.00 60.00 120.00
PICKUP TRUCK WITH RACK 160.00 480,00 1,450.00
CONTRACTORS UTILITY TRUCK (CIVIL WORK) 210.00 630.00 1,900.00 IRONWORKER CREW TRUCK, incl welder 275.00 825.00 2,475.00 PIPEFITTER WELDER TRUCK, incl welder 300.00 850,00 2,500.00 ELECTRIC CART 65,00 200.00 600.00
UTILITY VEHICLE (JOHN DEERE GA TOR) 80.00 250.00 750,00 PIPE WAGON 60.00 180,00 550.00
TRAILER W/500 GALLON WATER TANK 75.00 230.00 700.00
FIRE MARSHALL STATE LANDS HYDRO TEST TRAILER 500.00 1,470.00 3,334.00 MISCELLANEOUS EQUIPMENT:
HYDRO TEST PUMP, AIR (LOW PRESSURE) 40.00 100.00 300.00 HIGH PRESSURE WASHER & TESTER 100.00 300.00 900.00
TRASH PUMP HOMELITE / MULTIQUIP 40.00 100.00 300.00
METAL GANG BOX 10.00 30,00 90,00
MULTI-TON ROLLERS (SET 4) 20.00 60,00 180.00
LIGHT TOWER 88,00 303.00 650.00
TEST PUMP - GAS POWERED/HIGH VOLUME 85.00 255.00 765.00 WALIUE-TALI<lE, INTRINSICALLY SAFE (EA.) 17.00 50.00 150.00 HOLIDAY DETECTOR 40.00 120.00 360,00
GRASSHOPPER 25.00 75.00 225.00
UNI-HYDRO IRONWORlillR 75,00 225.00 675.00
HEPA VACUUM CLEANER 20.00 60.00 180.00
DIGITAL VIBRATION METER W/PROBE 40.00 100.00 300.00
CALIBRATION & RECORDING EQUIPMENT 350.00 1,000.00 1,924.00 MQ 45 GENERATOR 140.00 400.00 1,250.00
GAS GENERATOR, HONDA/YAMAHA 90.00 260.00 780.00
LASER ALIGNMENT EQUIPMENT (ROTALIGN) 300.00 900,00 2,700.00 PNEUMATIC I HYDRAULIC TORQUE WRENCH 330.00 1,000.00 3,000.00 -includes pump, drives (l/2",I" and I 1/2") and sockets WIRE MICROMETER HEADSET ALIGNMENT KIT 150.00 500.00 1,500.00 FARO 3D LASER SCANNER 400.00 1,200.00 3,600.00
-includes Lap Top Computer and reference spheres
PORTABLE HEATER 35.00 100.00 300.00
* Miminmm 4 hour rental with one hom move-in/ move-out time
23 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE - EFFECTIVE JULY 1, 2021
TOOLS AND EQUPMENT RATES
DESCRIPTON DAILY WEEKLY MONTHLY
AIR COMPRESSORS AND ACCESSORIES:
* 125 CFM - DIESEL FUEL 120.00 365.00 1,080.00
* 150 CFM - DIESEL FUEL 130.00 390.00 1,200.00
EXTRA 50' 3/4" HOSE 5.00 20.00 40.00
AIR TOOLS:
AIR DRILL ROCK, 3011 45.00 180.00 400.00
AIR DRILL ROCK, 60# 45.00 180.00 400.00
PAVEMENT BREAKER, 60# 25.00 85.00 225.00
PAVEMENT BREAKER, 90# 25.00 85.00 225.00
AIR TAMPER 30.00 90.00 270.00
FEIN AIR SAW 44.00 136.00 340.00
HD IMPACT WRENCH, 1/2" 25.00 85.00 225.00
HD IMPACT WRENCH, 3/4" 30.00 120.00 250.00
BUSHING GUN 25.00 85.00 225.00
RIVET BUSTER 25.00 85.00 225.00
COP PUS AIR BLOWER (24" DIA) 30.00 95.00 280.00
ELECTRIC TOOLS:
BENCH GRINDER 15.00 45.00 135.00
MAG BASE DRILL MOTOR (HOUGEN) (DRILL BITS FOR 75.00 225.00 675.00
HOUGEN MUST BE PURCHASED BY CLIENT)
MAGNETIC DRILL MOTOR 45.00 135.00 405.00
BAND SAW (WILTON) 25.00 75.00 225.00
HOISTS & JACKS:
BOTTLE JACK 15.00 45.00 135.00
CHAIN FALL, 2 TON 20.00 50.00 150.00
CHAIN FALL, 5 TON 22.00 66.00 180.00
CM PULLER, 1 1/2 TON 10.00 30.00 90.00
CM PULLER, 3 TON 22.00 66.00 180.00
GEAR PULLER, HYDRAULIC 60.00 180.00 540.00
GRIP HOIST, 1 1/2 TON 20.00 50.00 150.00
HYDRAULIC JACK, 25 TON 20.00 60.00 120.00
HYDRAULIC JACK, 50 TON 40.00 120.00 280.00
PORT-A-POWER, 25 TON 40.00 120.00 360.00
PORT-A-POWER, 50 TON 60.00 180.00 540.00
PUSH-PULL MECHANICAL JACK 15.00 45.00 135.00
RAM-SET POWER DRIVE 20.00 50.00 150.00
SCREW JACK, 20 TON 20.00 60.00 120.00
INFLATABLE JACK SYSTEM 12 TON(POWER TEAM) 266.00 798.00 1,995.00 * Miminmm 4 hour rental with one hour move-in / move-out time
24 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE -EFJ<'ECTIVE JULY 1, 2021
TOOLS AND EQUPMENT RA TES
DESCRIPTON DAILY WEEKLY MONTHLY
PIPE TOOLS:
TABLE SAW 20.00 60.00 180.00
POWER MITER SAW 15.00 55.00 160.00
PORTABLE POWER PANEL 40.00 80.00 160.00
* TEE DRILL 25.00 75.00 225.00
DIE W/UNIVERSAL 2 1/2"-4" 30.00 90.00 270.00
535 PIPE THREADING MACHINE 100.00 300.00 900.00
BONDSTRAND SHAVER 25.00 75.00 225.00
1224 PIPE THREADING MACHINE 125.00 375.00 1125.00
FLASH CUTOFF SAW, ELECTRIC 50.00 125.00 250.00
FLASH CUTOFF SAW, GAS 80.00 240.00 720.00
HAND THREADER, ELEC (TO 2") 12.00 36.00 108.00
LINED PIPE END PREP EQUIP FOR POLY PRO & TEFLON 60.00 180.00 540.00 PIPE MULE 25.00 75.00 225.00
PIPE BEVELING MACHINE & ATTACHMENTS 80.00 240.00 720.00 GEORGE FICSHER STAINLESS PIPE BEVELOR 140.00 430.00 1300.00 920 ROLL GROOVER 165.00 500.00 1500.00
CLAMSHELL AFC 10 SEVER AND BEVEL MACHINE 250.00 750.00 2200.00 10" - 54" REFORMING CLAMPS (Dearman ClamQs) 75.00 250.00 750.00 WELDING EQUIPMENT:
CARBON ARC 12.00 36.00 108.00
OXY & ACETYLENE W/CART & 50' OXY HOSE 40.00 120.00 360.00 ELECTRIC WELDER, I 30XP 35.00 105.00 315.00
ELECTRIC WELDER, 250 AMP 40.00 120.00 360.00
ELECTRIC WELDER, 8 PAC 110.00 440.00 1,320.00
ELECTRIC WELDER, 4 PAC 80.00 240.00 720.00
REMOTE CONTROL UNITS (EACH) 7.00 14.00 42.00
REMOTE CONTROL EXTENSION 20.00 60.00 125.00
WELDER, 250 AMP (DIESEL) 150.00 350.00 1,000.00
WELDING CART 150.00 350.00 1,000.00
HELIARC OUTFIT 16.00 48.00 144.00
PIPE BEVEL CUTTER (SPLIT TO SIZES) 22.00 66.00 198.00
PLASMA ARC CUTTING MACHINE 100.00 300.00 900.00
WELDING TABLE W/VISE 10.00 30.00 90.00
THERMAL ARC 130S TIG WELDER 40.00 120.00 360.00
LN 25 MIG WELDER 60.00 180.00 450.00
MILLER XMT 304 40.00 120.00 360.00
STUD WELDER 100.00 400.00 1,200.00
SUPERFLEX RAIL CUTTING SYSTEM 110.00 330.00 1,000.00
* Mimimum 4 hour rental with one hour move-in/ move-out time
25 AGREEMENT FOR SERVICES
BETWEEN THE CITY OF SANTA CLARA AND PERFORMANCE MECHANICAL, INC.
EXHIBIT B-1 RATE SCHEDULE -EFFECTIVE JULY 1, 2021
TOOLS AND EQUPMENT RA TES
DESCRIPTON
CIVIL ACCESSORIES:
GEORGIA BUGGIE
BUILDERS LEVEL
* CEMENT MIXER, GAS 1/4 YD
CONCRETE VIBRATOR, 110 VOLT
LASER-LEVEL W/TRIPOD AND TARGET
OPTICAL LEVEL
VIBRAPLATE
WACKER CVR-100
* CONCRETE SLAB SAW (BLADES NOT INCLUDED)
HILT! FASTENER
CLAY BLADE
BARRICADES
POWDER ACTN ATED ANCHOR BOLT KIT
SAFETY EOIDPMENT
TRI POD RESCUE SYSTEM
SCBA - SCOTT AlR PACK
FALL PROTECTION RETRACTABLE LANYARD
CONFINED SPACE KIT
FRESH AlR SET UP (FOR 2 MEN)
5 MINUTE SCBA ESCAPE PACK
ESCAPE RESPIRATOR
H2S PERSONNEL MONITOR
TMX412, FOUR GAS MONITOR (LEL,02,CO,H2S)
PORTABLE HEPA VENTILATION VACUUM
COOL VESTS
JOB SHACKS & TRAILERS:**
20' TOOL TRAILER
20'CVAN
40' C-VAN
JOB SHACK 8 X 12
JOB SHACK 8X 16
JOB SHACK !OX 16
JOB SHACK 10 X 24
** TRANSPORTATION BILLED SEPARATELY
* Mimimum 4 hour rental with one hour move-in/ move-out time
DAILY WEEKLY MONTHLY
15.00 45.00 105.00
30.00 95.00 250.00
50.00 155.00 470.00
37.00 140.00 280.00
72.00 216.00 648.00
65.00 195.00 585.00
66.00 264.00 594.00
70.00 280.00 700.00
65.00 215.00 600.00
12.00 40.00 150.00
75.00 300.00 1,300.00
1.00 35.00 100.00 300.00
60.00 240.00 700.00
40.00 160.00 400.00
40.00 160.00 400.00
I 00.00 300.00 900.00
75.00 225.00 650.00
40.00 100.00 300.00
21.32 (SINGLE USE ITEM)
5.00 20.00 60.00
80.00 240.00 720.00
30.00 100.00 300.00
10.00 40.00 120.00
200.00 600.00
200.00
300.00
200.00
200.00
250.00
300.00
26 EXHIBIT C
INSURANCE REQUIREMENTS
Without limiting the Contractor's indemnification of the City, and prior to commencing any of the Services required under this Agreement, the Contractor shall provide and maintain in full force and effect, at its sole cost and expense, the following insurance policies with at least the indicated coverages, provisions and endorsements:
A. COMMERCIAL GENERAL LIABILITY INSURANCE
1. Commercial General Liability Insurance policy which provides coverage at least as broad as Insurance Services Office form CG 00 01. Policy limits are subject to review, but shall in no event be less than, the following:
$2,000,000 each occurrence
$2,000,000 General aggregate
$2,000,000 Products/Completed Operations aggregate
$2,000,000 Personal Injury
2. Exact structure and layering of the coverage shall be left to the discretion of Contractor; however, any excess or umbrella policies used to meet the required limits shall be at least as broad as the underlying coverage and shall otherwise follow form.
3. The following provisions shall apply to the Commercial Liability policy as well as any umbrella policy maintained by the Contractor to comply with the insurance requirements of this Agreement:
a. Coverage shall be on a "pay on behalf" basis with defense costs payable in addition to policy limits;
b. There shall be no cross-liability exclusion which precludes coverage for claims or suits by one insured against another; and c. Coverage shall apply separately to each insured against whom a claim is made or a suit is brought, except with respect to the limits of liability.
B. BUSINESS AUTOMOBILE LIABILITY INSURANCE
Business automobile liability insurance policy which provides coverage at least as broad as ISO form CA 00 01 with policy limits a minimum limit of not less than one million dollars ($1,000,000) each accident using, or providing coverage at least as broad as, Insurance Services Office form CA 00 01. Liability coverage shall apply to all owned, non-owned and hired autos.
In the event that the Work being performed under this Agreement involves transporting of hazardous or regulated substances, hazardous or regulated Agreement with Performance Mechanical, Inc
Rev 07-01-2018
27 wastes and/or hazardous or regulated materials, Contractor and/or its subcontractors involved in such activities shall provide coverage with a limit of two million dollars ($2,000,000) per accident covering transportation of such materials by the addition to the Business Auto Coverage Policy of Environmental Impairment Endorsement MCS90 or Insurance Services Office endorsement form CA 99 48, which amends the pollution exclusion in the standard Business Automobile Policy to cover pollutants that are in or upon, being transported or towed by, being loaded onto, or being unloaded from a covered auto.
C. WORKERS' COMPENSATION
1. Workers' Compensation Insurance Policy as required by statute and employer's liability with limits of at least one million dollars ($1,000,000) policy limit Bodily Injury by disease, one million dollars ($1,000,000) each accident/Bodily Injury and one million dollars ($1,000,000) each employee Bodily Injury by disease.
2. The indemnification and hold harmless obligations of Contractor included in this Agreement shall not be limited in any way by any limitation on the amount or type of damage, compensation or benefit payable by or for Contractor or any subcontractor under any Workers' Compensation Act(s), Disability Benefits Act(s) or other employee benefits act(s).
3. This policy must include a Waiver of Subrogation in favor of the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents.
D. PROFESSIONAL LIABILITY
Professional Liability or Errors and Omissions Insurance as appropriate shall be written on a policy form coverage specifically designed to protect against negligent acts, errors or omissions of the Contractor. Covered services as designated in the policy must specifically include work performed under this agreement. Coverage shall be in an amount of not less than one million dollars ($1,000,000) per claim or two million dollars ($2,000,000) aggregate. Any coverage containing a deductible or self-retention must first be approved in writing by the City Attorney's Office.
E. COMPLIANCE WITH REQUIREMENTS
All of the following clauses and/or endorsements, or similar provisions, must be part of each commercial general liability policy, and each umbrella or excess policy.
1. Additional Insureds. City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents are hereby added as additional insureds in respect to liability arising out of Contractor's work for City, using Insurance Services Office (ISO) Endorsement CG 20 1 O 11 85 Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 27 of 34
28 or the combination of CG 20 10 03 97 and CG 20 37 1 O 01, or its equivalent.
2. Primary and non-contributing. Each insurance policy provided by Contractor shall contain language or be endorsed to contain wording making it primary insurance as respects to, and not requiring contribution from, any other insurance which the Indemnities may possess, including any self-insurance or self-insured retention they may have. Any other insurance Indemnities may possess shall be considered excess insurance only and shall not be called upon to contribute with Contractor's insurance.
3. General Aggregate. The general aggregate limits shall apply separately to Contractor's work under this Agreement providing coverage at least as broad as Insurance Services Office (ISO) Endorsement CG 2503, 1985 Edition, or insurer's equivalent (CGL);
4. Cancellation.
5. a. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided due to non-payment of premiums shall be effective until written notice has been given to City at least ten (10) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least ten (10) days prior to the effective date of non-renewal.
b. Each insurance policy shall contain language or be endorsed to reflect that no cancellation or modification of the coverage provided for any cause save and except non-payment of premiums shall be effective until written notice has been given to City at least thirty (30) days prior to the effective date of such modification or cancellation. In the event of non-renewal, written notice shall be given at least thirty (30) days prior to the effective date of nonrenewal.
Other Endorsements. Other endorsements may be required for policies other than the commercial general liability policy if specified in the description of required insurance set forth in Sections A through D of this Exhibit C, above.
F. ADDITIONAL INSURANCE RELATED PROVISIONS
Contractor and City agree as follows:
1. Contractor agrees to ensure that subcontractors, and any other party involved with the Services who is brought onto or involved in the performance of the Services by Contractor, provide the same minimum insurance coverage required of Contractor, except as with respect to Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 28 of 34
29 limits. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Agreement. Contractor agrees that upon request by City, all agreements with, and insurance compliance documents provided by, such subcontractors and others engaged in the project will be submitted to City for review.
2. Contractor agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or Contractor for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
3. The City reserves the right to withhold payments from the Contractor in the event of material noncompliance with the insurance requirements set forth in this Agreement.
G. EVIDENCE OF COVERAGE
Prior to commencement of any Services under this Agreement, Contractor, and each and every subcontractor (of every tier) shall, at its sole cost and expense, provide and maintain not less than the minimum insurance coverage with the endorsements and deductibles indicated in this Agreement. Such insurance coverage shall be maintained with insurers, and under forms of policies, satisfactory to City and as described in this Agreement. Contractor shall file with the City all certificates and endorsements for the required insurance policies for City's approval as to adequacy of the insurance protection.
H. EVIDENCE OF COMPLIANCE
Contractor or its insurance broker shall provide the required proof of insurance compliance, consisting of Insurance Services Office (ISO) endorsement forms or their equivalent and the ACORD form 25-S certificate of insurance (or its equivalent), evidencing all required coverage shall be delivered to City, or its representative as set forth below, at or prior to execution of this Agreement.
Upon City's request, Contractor shall submit to City copies of the actual insurance policies or renewals or replacements. Unless otherwise required by the terms of this Agreement, all certificates, endorsements, coverage verifications and other items required to be delivered to City pursuant to this Agreement shall be mailed to:
EBIX Inc.
City of Santa Clara
P.O. Box 100085- S2
Duluth, GA 30096
Agreement with Pe1formance Mechanical, Inc
Rev 07-01-2018
or 1 EbixWay
John's Creek, GA 30097
30 Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: [email protected]
I. QUALIFYING INSURERS
All of the insurance companies providing insurance for Contractor shall have, and provide written proof of, an A. M. Best rating of at least A minus 6 (A- VI) or shall be an insurance company of equal financial stability that is approved by the City or its insurance compliance representatives.
Agreement with Pe1iormance Mechanical, Inc
Rev 07-01-2018 Page 30 of 34
31 EXHIBIT D
NOTICE OF EXERCISE OF OPTION TO EXTEND AGREEMENT
AGREEMENT TITLE:
CONTRACTOR:
DATE:
(Date the notice is sent must be consistent with the time for exercise set forth in Agreement) Pursuant to Section_ of the Agreement referenced above, the City of Santa Clara hereby exercises its option to extend the term under the following provisions:
I OPTION NO. #of#
NEW OPTION TERM
/ Begin date:
End date:
0 CHANGES IN RATE OF COMPENSATION
I Percentage change in CPI upon which adjustment is based:
Pursuant to Section _ of the Agreement the rates of compensation are hereby adjusted as follows:
use attachment if necessar
MAXIMUM COMPENSATION for New O tion Term:
For the option term exercised by this Notice, City shall pay Contractor an amount not to exceed the amount set forth above for Contractor's services and reimbursable expenses, if any. The undersigned signing on behalf of the City of Santa Clara hereby certifies that an unexpended appropriation is available for the term exercised by this Notice, and that funds are available as of the date of this signature.
Approved as to Form:
BRIAN DOYLE
City Attorney
Agreement with Performance Mechanical, Inc
Rev 07-01-2018
Dated:
DEANNAJ.SANTANA
City Manager
1500 Warburton Avenue
Santa Clara, CA 95050
Telephone: (408) 615-2210
Fax: (408) 241-6771
32 EXHIBIT E
LABOR COMPLIANCE ADDENDUM
This Agreement is subject to the requirements of California Labor Code section 1720 et seq. requiring the payment of prevailing wages, the training of apprentices, and compliance with other applicable requirements.
A. PREVAILING WAGE REQUIREMENTS
1. Contractor shall be obligated to pay not less than the General Prevailing Wage Rate, which can be found at www.dir.ca.gov, which shall be available to any interested party upon request. Contractor is also required to have a copy of the applicable wage determination posted and/or available at each job site.
2. Specifically, contractors are reminded of the need for compliance with Labor Code Section 1774-1775 (the payment of prevailing wages and documentation of such), Section 1776 (the keeping and submission of accurate certified payrolls) and 1777.5 in the employment of apprentices on public works projects. Further, overtime must be paid for work in excess of 8 hours per day or 40 hours per week pursuant to Labor Code Section 1811-1813.
3. Special prevailing wage rates generally apply to work performed on weekends, holidays and for certain shift work. Depending on the location of the project and the amount of travel incurred by workers on the project, certain travel and subsistence payments may also be required. Contractors and subcontractors are on notice that information about such special rates, holidays, premium pay, shift work and travel and subsistence requirements can be found at www.dir.ca.gov.
4. Only bona fide apprentices actively enrolled in a California Division of Apprenticeship Standards approved program may be employed on the project as an apprentice and receive the applicable apprenticeship prevailing wage rates. Apprentices who are not properly supervised and employed in the appropriate ratio shall be paid the full journeyman wages for the classification of work performed.
5. As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, Contractor agrees to present to City, along with its request for payment, all applicable and necessary certified payrolls (for itself and all applicable subcontractors) for the time period covering such payment request.
The term "certified payroll" shall include all required documentation to comply with the mandates set forth in Labor Code Section 1720 et seq, as well as any additional documentation requested by the City or its designee including, but not limited to: certified payroll, fringe benefit statements and backup documentation such as monthly benefit statements, employee timecards, copies of wage statements and cancelled checks, proof of training contributions (CAC2 if applicable), and apprenticeship forms such as DAS-140 and DAS-142.
6. In addition to submitting the certified payrolls and related documentation to City, Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 32 of 34
33 Contractor and all subcontractors shall be required to submit certified payroll records and related documents electronically to the California Department of Industrial Relations. Failure to submit payrolls to the DIR when mandated by the project parameters shall also result in the withholding of progress, retention and/or final payment.
7. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1 (a)].
8. No contractor or subcontractor may be awarded a contract for public work on a public works project, unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Contractors MUST be a registered "public works contractor" with the DIR AT THE TIME OF BID. Where the prime contract is less than $15,000 for maintenance work or less than $25,000 for construction alternation, demolition or repair work, registration is not required.
9. All contractors/subcontractors and related construction services subject to prevailing wage, including but not limited to: trucking, surveying and inspection work must be registered with the Department of Industrial Relations as a "public works contractor". Those who fail to register and maintain their status as a public works contractor shall not be permitted to perform work on the project.
10. Should any contractor or subcontractors not be a registered public works contractor and perform work on the project, Contractor agrees to fully indemnify the City for any fines assessed by the California Department of Industrial Relations against the City for such violation, including all staff costs and attorney's fee relating to such fine.
11. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
8. AUDIT RIGHTS
All records or documents required to be kept pursuant to this Agreement to verify compliance with this Addendum shall be made available for audit at no cost to City, at any time during regular business hours, upon written request by the City Attorney, City Auditor, City Manager, or a designated representative of any of these officers. Copies of such records or documents shall be provided to City for audit at City Hall when ii is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records or documents shall be made available at Contractor's address indicated for receipt of notices in this Agreement.
C. ENFORCEMENT
1. City shall withhold any portion of a payment; including the entire payment amount, until certified payroll forms and related documentation are properly submitted, reviewed and found to be in full compliance. In the event that certified payroll forms do not comply with the requirements of Labor Code Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 33 of 34
34 Section 1720 et seq., City may continue to hold sufficient funds to cover estimated wages and penalties under the Agreement.
2. Based on State funding sources, this project may be subject to special labor compliance requirements of Proposition 84.
3. The City is not obligated to make any payment due to Contractor until Contractor has performed all of its obligations under these provisions. This provision means that City can withhold all or part of a payment to Contractor until all required documentation is submitted. Any payment by the City despite Contractor's failure to fully perform its obligations under these provisions shall not be deemed to be a waiver of any other term or condition contained in this Agreement or a waiver of the right to withhold payment for any subsequent breach of this Addendum.
4. City or the California Department of Industrial Relations may impose penalties upon contractors and subcontractors for failure to comply with prevailing wage requirements. These penalties are up to $200 per day per worker for each wage violation identified; $100 per day per worker for failure to provide the required paperwork and documentation requested within a 10-day window; and $25 per day per worker for any overtime violation.
Agreement with Performance Mechanical, Inc
Rev 07-01-2018 Page 34 of 34