HomeMy WebLinkAboutContracts & Agreements_195A-2014_CCv0001.pdf AGREEMENT FOR BRINE POND CAP REPAIR AND RESURFACE
This agreement to repair and resurface the wastewater treatment plant brine pond cap
("Agreement") is made and entered into this 29"' day of September, 2014 ("Effective Date"), by and
between the City of Redlands, a municipal corporation ("City"), and KAD Paving Company
("Contractor"). City and Contractor are sometimes individually referred to herein as a "Party" and,
together,as the "Parties."
In consideration of the mutual promises contained herein,City and Contractor agree as follows:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to repair and resurface the asphalt cap of the brine pond at the
City's wastewater treatment plant (the "Services") located on 1950 Nevada Street in the City of
Redlands.
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the performance of the Services, and shall not be debarred pursuant to Labor Code sections
1777.1 and 1777.7.
ARTICLE 2 -RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in Exhibit
"A,"which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable federal, state and local Iaws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws and non-discrimination laws, and the Americans with Disabilities Act.
Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification or type of worker needed to perform the Services are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services,
Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
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regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a period of
(1) year from the date of City's issuance of a Notice of Completion for the Services, except where
longer warranty periods are specifically provided by manufacturer of equipment installed in
connection with the provision of the Services. During the (1) one year warranty period, should
Contractor fail to remedy defective material and/or workmanship, or to make replacements within
five (5) days after written notice by City, it is agreed that City may make such repairs and
replacement and the actual cost of the required labor and materials shall be chargeable to and
payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by the
Contractor at its own expense. Any defective material or workmanship which may be discovered
before final acceptance of the Services or within (1) one year from the completion date specified in
the Notice of Completion, shall be corrected immediately by Contractor at its own expense
notwithstanding that such defects may have been overlooked in previous inspections and estimates.
Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform
sound and reliable work as herein described. It is Contractor's responsibility to deliver at the time of
final acceptance a completed project that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be consti aed to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor and its
surety shall reimburse City for costs reasonably incurred while attending the situation.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed."
3.2 Consultant shall perform and complete the Services in a prompt and diligent manner.
ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Forty Thousand Five Hundred and Ninety Dollars ($40,590)
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as complete compensation for the Services.
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice,by warrant payable to Contractor.
4.3 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the day of
delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt
requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the
date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the appropriate
address set forth below, or such other address as a party may provide notice of in accordance
with this section:
City: Contractor:
Chris Diggs Donald J. Wheeler Jr.
Municipal Utilities and Engineering Department KAD Paving Company
City of Redlands 32147 Dunlap Blvd Ste K
P.O. Box 3005 Yucaipa, CA 92399
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section 4.3.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory
requirements with an insurance carrier acceptable to City, or certification to City that Contractor
is self-insured or exempt from the workers' compensation laws of the State of California.
Contractor shall provide City with Exhibit "B," entitled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with minimum
coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate for public liability, property damage and personal injury. City shall be
named as an additional insured and the insurance policy shall include a provision prohibiting
modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
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written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services business
automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Contractor owned vehicles used for the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional insured
and the insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate
of insurance and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Contractor shall indemnify, hold harmless and defend City and its elected officials, employees
and agents from and against any and all claims, losses and liability, including attorneys' fees,
arising from injury or death to persons or damage to property occasioned by any negligent or
intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in
performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the Services
without the prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Contractor shall add the assignee as an additional insured to its insurance
policies and provide City with the insurance endorsements prior to any work being performed by
the assignee. Assignment does not include printing or other customary reimbursable expenses
that may be provided for in this Agreement.
5.7 Contractor shall execute and deliver to City a Payment Bond as required by Civil Code section
5990, in a form as set forth in Exhibit "C," which is attached hereto and incorporated herein by
reference.
ARTICLE 6- GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys'fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Services and not an employee of City. All personnel employed by
Contractor to perform the Services are for its account only, and in no event shall Contractor or
any personnel retained by it be deemed to have been employed by City or engaged by City for
the account of, or on behalf of, City. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the Parties.
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6.4 Unless earlier terminated as provided for below, this Agreement shall terininate upon completion
and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion,upon five (5)
calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations,proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
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IN WITNESS WFfEREOF, duty autborized representatives of the Parties have signed in confinnation of
Ibis Agreement.
CITY OF REDLANDS KAD PAVING COMPANY
74
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BY
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tnriq*'Var(ine�z, Ci o�144k Wheeler Jr,Prestd-e'nt-""',/1 "/
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ATTEST
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Sam Irwin,pity Clerk
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EXHIBIT "A"
Scope of Services
Item No. Estimate Item Description
Quantity
1. 3,000 Sq. Saw cut and remove asphalt pavement and replace with conventional asphalt
Ft. pavement,maximum 2.5' thick.
2. 6,000 L.F. Crack Fill with Hot Rubberized Crack Sealant.
52,000 Slurry seal, Type 2,
3. Sq. Ft.
8
EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTMCATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized
to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure,
either as an individual employer, or as one eniployer in a group of employers, which may be given upon
furnishing proof satisfactory to the Director of Industrial, Relations of ability to self-insure and to pay
any compensation that may become due to his or her employee&
CHECK ONE
am aware of the provisions of Section 3700 of the Labor Code which requires every employer to
�—einsured against liability for Workers' Compensation or to undertake self-insurance in accordance
with the provisions of that Code, and 1. will comply with such provisions before cornmencing the
performance of the work and activities required or permitted under this Agreement. (Labor Code
§
ll :
.1 affirm that at all times, in, performing the work andactivities required or permitted. under this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California, immediately I shall provide the City with a
certificate of consent to self-insure, or a certification of workers' compensation insurance.
I certify under penalty ofperjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
KAD Paving Company
4L2
Date:
tDonald J. Whce�lcrJ
8
BOND NOl 1661000156
OND PREMIUM:IUM: $1,218.66 WHICH IS SUBJECT TO CHANGE BASEDONTHE FINAL CONTRACT AMOUNT
"C"
A C PAVING COMPANY DPA K A 6 ENGINEERING
Whereas,the City of RedlauU,State of a "fo' ia,° db asap r da si ated as
"Principal")bave into, racm(the t -' n b cies agrees to install and complete
certain 1designated public improvements the ' ), which la said agreement, dated September 29, 2614, and
identified,as Brine Pondair and is horoby aferr d to and de a p ordof;and
Vv%creas, t of said Agra I is' r uired before commencing upon the
o a of theto file sand sufficient ps t b .r ith the City f + secure the
claimsto bich,reference is in"fide oras. tion' of t f ofDivision 4 of a Civil
Code of the State ofCalifornia.
Now,, t refor said Principalthe rsi cd as o siren', are held firmly bound to the:
City of cis d all coo sit is a tnr3,1 or ., material,to other parsonslogged in the
perfamance of the aforesaid Agreement ro ,. to in the fores io of Civil procedure in of
Forty Thousand `i Hundred d Dollars 0, 0 f"ot . to ms sited or labor t n of any
of for is d under data Unemployment Isis d Ant with respect to such wow labor,that said surety
"l °y the a in aria tint not exceeding the amount her rte a:sot forth, d also i case-,oil is brought
upon this bond,will y in clition to theface o thereof, osis rc to s fees,including
reasonable attorney's a' in by the City of d successfully oro`, such obli adon, to be
awarded, d fixed by the court, d to b costs d o included in jtsd cn therein d
It is hereby expressly sti atod d m aid thatthis bond l ' a to a fat of all
persons,companies and,corporations entitled to file,claim +fir 1 itln co raoatz Sect art 6 ofart
of Division 4 0l the Civil , to e of a ott to thtu)or thei i in y suit brought upon
this a
ShoWd thetitans of this bond be fully p ,rta� obligation slut n ll d void,
otherwise it r rt it l force and tx
The s hereby stipulates and agrees the std oh � si of tiruog al tions oradditionto the
td of said agreement 6r the specifications ac a p. the some stall its y ner affect its obligations oft;
this bond, it os bolo waive,notice of such c uAge, i oft`time,al# tion addition.
In witness i s instrument has n duly -executed by the Principal d surety above is d,
I V�EMBEP 7 2014.
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CAUFORNIA ALL-PURPOSE ACKNOWLEDGMENT
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and that by hiatUsWwk signatureMon the instrument the
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COMM.#1974168;U acted,executed the instrument.
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ThoWh the information below is not required law, it Otey prove valuable topersons relying on the document
an,d could pravent fraudulent ramoval and teattarhmeni of this fora?to anothei t ocurtr rttm
Description of Attachedce rt ,
Title r Type ratDocument:
Document gate;' Number of Pages:
Signer(s)Other hart Named baa .
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Signer'sl t rrr :. tr'u'e Name:
individual irtctruirt aal
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POWER OF ATTI I ORNEY
AMERICAN CONTRACTORS INDEMNITY COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY .
:KNOW ALL MEN BYII� THESE PRESENTS:That American Contractors:Indemnity Company,a California corporation,United States
Surety Company a Maryland corporation and U.S.` Specialty insurance Company, a Texas ,corporation (collectively the .
"Companies"),do:by these presents make;constitute and appoint:'
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James W.Moilanen,Yung T.Mullick or Jennifer C.Araya of Mission Viejo,California
.its true and lawful Attorney(s)-in-fact,each in their separate capacity if more than one is named.above,with full power:and authority
hereby conferred in its name,place and stead,to execute,acknowledge and deliver any.and all.bonds,recognizances,undertakings . . .
or other instruments or contracts:of suretyship to include riders, amendments, and consents of surety, providing the',bond
penalty does not exceed ****:*Fifteen Million***** Dollars($**15,0.00,000:00**).
1-111
This Power of Attorney shall expire without further action on December 08,2016. This.`Power of1. Atto11 rney is granted.under and by
authority of the following resolutions adopted1 . by the Boards of Directors of the Companies.
Be it Resolved,that the President,any Vice-President,any Assistant Vice-President,any Secretary-or any Assistant Secretary shall be and is hereby vested with full .
power and authority to appoint any one or more suitable persons as Atiomey(s)-in-Pact to represent and act for and on behalf of the Company subject to the following
provisions:
Jtlaney-in-fact maybe given toll power and authority for and in the name of and on behalf o.the Company Co execute;acknowledge and deliver,`'any and all bonds
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recognisances, contracts, agreements or.;indemnity arid'other conditional or obligatory:undertakings, including any and all,consents`for the release of retained :
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percentages,and/or final'esfimates on engineering and constriction contracts;and,any and aU notices<and docurnents:canceling or terminating the Company's liability
`thereunder;a1.
nd any such instruments so executed by any such Attorney-m-Fact be binding upon the Company as if signed by the President and sealed and effected
by the Corporate Secretary.
`Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating
thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to
any bond or undertaking to which it is attached.
IN WITNESS WHEREOF,The Companies have caused this instrument to 11 ,be signed and their corporate seals to be here1.to:affixed,this
10th day of December,2012.
AMERICAN CONTRACTORS INDEMNITY COMPANY: S11,TATES SURETY COMPANY `:U.S.SPECIALTY INSURANCE COMPANY
Corporate Seals "1j1C70`' su LnYu`
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'-a :1.off y' Y? %` .s. , Daniel P.Aguilar;Vice President
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State of California `4uFdal�e"
ry,mm�n !rtl1,01 r„uumi
County of Los Angeles SS:
On 10th day of December,2012,before me.Vanessa Wright,a notary public,personally appeared Daniel P.Aguilar,Vice President of
..American Contractors Indemnity.Company, United States Surety:Company and U.S. Specialty Insurance`Company who proved.to me
on the.basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that
he executed the same in his auth1.orized capacity,and that b11y I.his signature'on the'instrument the persons};or the entity upon behalf of
which the pt rson(s)acted1.,executed the insI 1.11,trument.
l certify under PENALTY OF PERJURY underIthe Iaws °f the.state of California that_the foregoing:paragraph is true and correct
WITNESS my hand and official seal11 .,,,... 11► .
V WRNiNT
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,Signature \�' ( ) "Cas Angelaa;ixtnty,
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I,Jeannie Lee,Assistant.Secretary of American Contractors Indemnity Company,United States:Surety Company and U..S. Specialty
Insurance Company, do hereby certify that the above'and foregoing is a rue and correct copy of a Power of Attorney,:tmecuted by
said Companies,which is still in'full force and effect; furthermore,the resolutions of the.Boards of Directors,set out in the Power of
Attorney are in full force and effect.
In Witness Whereof,l have hereunto set my hand and affixed the seals of said Companies:at Los`Angeles,California this 7th day
° —NbiI 11amt,or ,21.01�r
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Corporate Seals
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