HomeMy WebLinkAboutContracts & Agreements_174-2011_CCv0001.pdf AGREEMENT FOR PAVEMENT REPAIR WORK
This agreement for pavement repair work for -Nevada Street located in the City of Redlands
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("Aureernent ) is made and entered into this 30"' day of Novemlser, -2011 $Effective Dru-"',
Z:7 ), by and
between the City of Redlands, a municipal corporalik'Yo ("City")., aund Kad Paying Company
("Contractoe". City and Contractor are somictimes ipdividuaHy refl-rreA to herein as a "Party"
together, as,the"Parties."
In considerattion of th-,-mutual, promises contained herein, City and Contractor agree as follows:
ARTICLE I -ENGAGEMENTOF CONTRACT(-*
1,1 City hereby retains Contractor to perform pavemeint repa-ir wo-- 1"t-or Nevada Streei at specific
1ions ifted by the City(-Senn es").
cwatti i dent
Contractor and- As subcon-t-f-Wtoni,shalt p/ossess all appropriate State contractors' licenses required
ion wim ttie penorrnance ot pave rnent repair work and
ter tne worK to taepertormea in connect
ARIFRJUL" 2- Rl',.SPONSIMILITIES OF CONTRACTOR
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-fie Ser -hich C� rfi-,wr --re moi I it
i vices a, 11, -on-Mactor shall
The Tec p c: 5, a !,a particularly described in Exhibi
"A."which is attached hereto and iac. orawcdl herein bv this refcrenH-e-
sha 11 com p I y wit!-i a-1 1 a ipp i b 1, F e- a L S a a I law s -1.id re gulati t-,,n S i n t h e
Contractor - i p
pf de" I -atc nd il
forttuince of thte Ser-„c_s ncludline- but riot h _Fu' d- to all anyolicable Labor Code and
lit
I diem wages as
Act. Pursuant to `(xie sect-�,,)g comes of the, pr vail ng rates of per. di
detennined by the Director of the Califiburn-11"a [Den an era of, indilistriml Relations f each cr ft,
UTtifities and Engineer",ng, Departurg-c-ni, lcwcated at the Civin-c Ce-nac.-r, 35 Cajon Street, Sul"ite 15A
I I
Maih
Ing- Bo
- - P,O, x 30-05-1". Redlan, C'ahfiorn-a 23 3,
2, 3 ('--ontractor ackwwledi-xes that if 't v'ohadtt-s the Labor 'CeAde provisions relating to prevailing
waves inat uity may entorce sucn provisions Dy witntimaing payments to contractor or its
2A It-Contraclor execulans als, acm nne-nt It a subcontr tor to pert"brun any portion of the Services.
subcontractor with cu,,pies of the pr visions of Labor Code sectri ns 17177 1, 1'1775, 1776, 17/77,5.
1813 and 1815. Contractor acknowlediazs that dhe stams u-c-nov rorovisik-mNs- es ta-blishirm ne-nalties
0q,pug dant to Labor(Cod., sections 1-1-771-55, and l 35-
2 Uontmctor and its subcontractors stiall compty witn tne provisions or Lanor (-o(je section i //o
2.6 Contractor acknowledges that eight (S) hours constitutes a legal day's work pursuant to Labor
Code section 18 1 .
2,77 Contractor shall comply with the provisions of Labor. Code section 1777.5 as to apprentice ships.
and Labor Code sections 1771, 1775, 17761 1777.5, 1813 and 1815,
2,S Pursuant to Public. Contract Code section 7104, if the Services involve digging trenches or other
excavations that extend deeper than four feet below the surface, Contractor shall promptly, and
before the following conditions are disturbed, notify City, in writing, of any; (1) material that
Contractor believes may be material that is hazardous waste, as defined in Health and Safety
Cade section 25117, that is required to be rernoved to a Class I, Class II or Class III disposal site
in accordance with provisions of existing law. (2) subsurface or latent physical conditions at the
Work site differing from those indicated by information about the site made available to
Contractor prior to entering into this greement or (3 i unknown physical conditions at the site
of any unusual nature, different materially from those ordinarily encountered and generally
recognized as inherent in work of the character provided for in0 this Agreement. Cita shall
promptly investigate the conditions and, if it finds that the conditions do materially so differ or
do involve hazardous waste and cause a decrease or increase Contractor's cost of, or the time
e
rewired for,performance ance of any part of the Services, and shalt issue a change order. If a dispute
arises bet%leen Cite and Contractor as to whether the conditions rrtaterially differ, involve
hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for,
performance of the Services, Contractor shall not he excused from any scheduled completion
date provided for by this Agreement, but shall procc ed with all work to be perfortned under this
Agreement. Contractor shall retain atry and all rights pars 1d d eidier by this Agreement or by
law which pertain to the resolution of disputes between the Parties.
2. n*suant to abor Codi section 6705, if the Services vices require any trench five feet or more in
depth, Contractor shall submit, subiect to Cityappr-oval, in ad-,a ce of excavation, deuatiled
planf�sshpoNving the ydersi n3 of shoring,
sz+ho r n , braving, sloping oother p , <ision t bemade
ma e for a worker
protection fico (,�s.e hazard €.�i 3ca inno #"g yin d of 3ini the _,.tnm-. p� ion ,�c3§.L-€.-h nch i3€. rmtch,s, if
me pian varies trom we stioring system stan€Ya3ru , tide pian strait oe preparea oy a regtstrrrea, c vit
or st ucturat engineer.
[o r nor to anct during any,, excavation, ontractor sitar€ comply wito t rove meat Code SWIM 42-t o
et seq.
Z,r r vrtor to cot encement cu a-,-.y er-vi es, ontrac}}tor strait prop is t-i y war. the rrttormatron
otnerwise touna in t-Lions t ontract r o(ie SWIM 104
_
".l2 Pursuant to Public Contract Code sect'on 710'.5(b), C o a tu� ,. yrs a—are ro _,ss
Cita all rights. title and interest in and to all causes of acTc _s it 1. have under sea _h
y # � 5 under �, r ri c, (Chapter taxi t
Cl�yort c (1�. �.S.C;. s��r;t�ori 1 F �_ , ri2r ��nx.: t: .�. � z
section t ) of Fart ? of Division 1 of Me business and Frolesstons Uooe), arising trorn
r n s of g s, se v ides or inatenacs pursuant to tuts Agreem nt
ART11CLIF13 - PERIOD OF SERVICE
11 Contractor shall commence the Services upon City's delivery to Contractor of a written "Niotice
to Proceed."
3.2 Contractor shall complete the Services within five (51) calendar days from and after the date of the
City's issuance to Contractor of thel\otice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Twenty Nine Thousand Six Hundred Eighty Five Dollars
(IS29,685.00)as complete compensation for the Services.
4.2 Payments by City to Contractor shall be made within thirty (301 days after City's receipt and
approval of Contractor's invoice, by war-ant payable to Contractor,
43 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows-
City:
Chris Diggs
Municipal Utilities and Engineering Dept.
City of Redlands
P.O. Box 3005
Redlands, CA 92373
Contractor:
Donnie Wheeler Jr,
Kad Paving Company
12173 IV, Street
Yucaipa. CA 92399
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.
4,4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities
with an Escrow Agent as a Substitute for any monies withheld by City to ensure Contractor's
performance pursuant to Public Contract Code section'23010.
4,5 Pursuant to Government Code section 4215, City assumes the responsibility for the timely
removal, relocation or protection of existing main or trunkline utility facilities located at the site
of the Services, if such utilities are not identified by City, City shall compensate Contractor for
the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable
.are, and removing or relocating such utility facilities not identified by City with reasonable
accuracy and for equipment on the Services necessarily idled during such work. Contractor shalt
not be assessed liquidated damages for delay in completion of the Services,when such delay was
caused by the failure of City or the owner of the utility to provide for removal or relocation of
such utility facilities. However, City is not required to indicate the presence of existing service
laterals or appurtenances whenever presence of such utilities at the site of Services can be
inferred from the presence of other visible facilities, such as buildings,meter and junction boxes,
on or adjacent to the project site,provided that City must identify, main or trunk-lines.
ARTICLE 5 - 17NNSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primarv. 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 Cim
52 Workers' Compensation and E Anver's Liiijbility,
m] _-- Contractor shall secure and maintain
Workers" Compensation and Employer's Liability insurance for its employees throughout the
performance of the Services Pursuant to Labor Code sections 3700 and 1860, in an amount
which meets statutory requirements, with an insurance carrier acceptable to City. The insurance
policy shall include a provision prohibiting the policy's cancellation except upon thirty(30) days
prior written notice to City. Contractor shall execute and deliver to City a Worker's
Compensation Insurance Certification in the form attached hereto as Exhibit "B" prior to
commencement of the Project,
5 3 Hold Harmless and Indemnification. 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 perfon-ning the Services.
5.4 Assianment. Contractor is expressly prohibited from assigning any of the work associated with
the Services without the express 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 custornary
reimbursable expenses that may be provided for in this Agreetrient,
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throng I I liability insurance,
throughout the duration of the Services comprehensive general liabili - with carriers
acceptable to City, with nuninium coverage of One Million Dollars ($1,000,000) per occurrence
and Two billion 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 written notice to City. A certificate of insurance and
endorsements shall be delivered to City prior to commencement of the Services.
--1
5.6 Business Aute Liability Insurance, Contractor shall secure and maintain in force throughout the
duration of the Project business automobile liability coverage, with minimum limits of One
Million Dollars ( 1.E)00,000)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 police 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.
5,7 Liquidated Mama es. The failure of Contractor to complete the work within time time allowed will
result in damages being sustained by City, Such damages are,and will continue to be,impracticable
and extremely difficult to determine. Contractor shall pay to City, or have withheld frorn monies
due it, the sum of 500 for each consecutive calendar day in excess of the specified time for
completion of the Services. Execution of this Agreement shall constitute agreement by City and
Contractor that$500 per day is the estimated datrmagc to Citycaused by the failure of Contractor to
complete the Services within the allowed time. Such sumn represents liquidated damages and shall
not be construed as a penalty, and may be deducted from payments due the Contractor if such delay
occurs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.I 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 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the; project and not an employee of City. All personnel employed by Contractor to perforin time
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-
63 finless earlier terminated as provided for below. this Agreement shall terminate upon completion
and acceptance of the Project by City.
6A City may terminate this Agreement for any reason, at any time at its; sole discretion,upon five t5i
calendar day's prior written notice to Contractor,
6.5 Upon receipt of a termination notice. Contractor shall (I" promptly discontinue all work
associated with the Services and (,?} 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.
IN WITNESS AHEREOF, duly authorized representatives of the Parties have signets in confirmation of
this Agreement.
CITY OF REDLANDS KAD PAVIN,, G C MP NNY
i
By
Tina undi ,Finance irectc rrTreasurer �onnt�XxVlree�lerk
ATTEST-
,yarn irwin, Cih•Clerk
Proposal 11 -29-20171
:12:23
From: Project:
Donnie Wheeler Jr T .
Kad Paving Company Bassarn
12173 0th Street Redlands Ca '
Yucaipa CA 92399
kadpaving@yahoo.com
: 999 790 3366 W: 999 799 3366 ai ammar itye red a d .c r
F: 919 790 3369
i qn.- Notes: Cost-
Remove 10'x O'street section to depth of "
Recompact sub grade and instal[ "class 2 base under 4' new hot asphalt, 29685
Compaction test done by others
I
TotalCost: 29635,99
Signature Date SJ nate Date
g
Donnie Wheeler r $29-2 2 -201
htp:/r`vPw%,.vo fionap rs.co—
EXHIBIT "B"
WORKERS' COMPEL NSATION INSURANCF CERTIFICATION
Project: Pavement Repair kvork for Nevada Street located in the City of Redlands
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 in one or more insurer duty
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 employer 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 employees,
T am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be
insured against liability for Workers' Compensation or to undertake self-insurance in accordance with
the provisions of that Code, and I will comply with such provisions before, commencing the performance
of the work of this Agreement. (Labor Code §186 1
Kad Paving Company
V: 3 01 Qc)
Date:
Donnie AVIteller Jr.
Contractor's License No,