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HomeMy WebLinkAboutContracts & Agreements_166-2012_CCv0001.pdf AGREEMENT FOR PERMANENT PAVEMENT REPAIR This agreement for permanent pavement repair ("Agreement") is made and entered into this 5"' day of October, 2012 ("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 I -ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to perform permanent pavement repair(the"Services") located on the south side of Riverview Drive between Cave Street and Glover Street in the City of Redlands (the"Project Sites"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the performance of the well testing work, 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 laws 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, including the Americans with Disabilities Act. Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per them wages as determined by the Director of the California Department of Industrial Relations for each craft, classification or type of worker needed to undertake the Project 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. 1.4 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 regarding payroll records maintenance, certifications, retention and inspection. I 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 completion date specified in City's written notice to Contractor of acceptance of the Services. Any work which has been rejected by City; shall be remedied, or removed and replaced, by Contractor at its own expense, with work conforming to Exhibit "A" Scope of Services. Any defective material or workmanship which may be discovered before final acceptance or within (1) one year from City's acceptance of the Services shall he corrected immediately by Contractor at its own expense notwithstanding that it may have been overlooked in previous inspections by City. City's failure to inspect the Services at any stage shall not relieve Contractor from any obligation to perform sound and reliable work as he-rein described. During the (1) one year warranty period, should the 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. Nothing in this section shall be construed 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 shall reimburse City for costs reasonably incurred. 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 Contractor shall complete the Services within ten (10) calendar days from and after the date of the City's issuance to Contractor of the Notice to Proceed. ARTICLE 4-PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of Fourteen Thousand Three Hundred and eighty two dollars ($14,382.00)as complete compensation for the Services. 4.2 Payments by City to Contractor shall be made within ft days(30)thirty after City's receipt and I y approval of Contractor's invoice, by warrant payable to Contractor. 4.3 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- Citv: Contractor: Donnie Wheeler Jr. 2 KAD Paving 32147 Dunlap Blvd., Suite K Yucaipa, CA 92399 Bassam Alzammar Municipal Utilities and Engineering Department City of Redlands P.6.Box 3005 Redlands,CA 9237') 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 Contractor's Insurance to be Primary. 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. 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 modification of coverage limits or cancellation except upon thirty (3)0) 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 Services. 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 performing the Services. 5.4 Assignment. 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. 5.5 Comprehensive General Liability Insurance. 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 3 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. 5.6 Business Auto Liability Insurance. 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. 5.7 Liquidated Damages. The failure, of Contractor to complete the work within the 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 from 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 damage to City caused by the failure of Contractor to complete the Services within the allowed time. Such sum 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 6.1 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. 6.4 Unless earlier terminated as provided for below,this Agreement shall terminate 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) 4 calendar day's 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. IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS IAD PAVING COMPANY By Tina Kundig Wheeler Finance Director/Treasurer ATTEST Sam Irwin, City-Clerk - 6 EXHIBIT "A" Scope of Services Permanent pavement repair located on the south side of Riverview Drive between Cave Street and Glover Street in the City of Redlands shall include: • Remove 8 inches thick section approximately 2000 square feet,re-grade and compact sub-grade to 95 percent. Install 4 inches of class 11 base and compact to 95 percent. • Install 4 inches of asphalt concrete paving. • Grind and overlay approximately 2500 square feet. EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Permanent pavement repair located on the south side of Riverview Drive between Cave Street and Glover Street 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 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 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. I 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 §1861). KAD Paving Company Date: 10- -`BY. -�onni�eWhe�eler Ji-7 Contractor's License No.