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HomeMy WebLinkAboutContracts & Agreements_43-2011_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This agreement for the re-striping of Redlands Boulevard between State Street and Ford Street ("Agreement") is made and entered into as of this 21' day of April, 2011 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City„), and Cal-Stripe Inc. ("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 re-stripe Redlands Boulevard and install reflective pavement markers(the "Services") on Redlands Boulevard between State Street and Ford Street(the"Project Site"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the Services to be 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 diem 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: F.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 pert arm 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. C;Docummts and settings\balzammar\Desktop%AWeerment for Cal stripe.& 1 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 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 Prior to commencement of any Services, Contractor shall provide City with the subcontractor information required by Public Contract Code section 4104. 2.9 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to this Agreement. 2.10 Contractor shall guarantee the Services against the use of defective materials or workmanship for a period of (1) one year from the date specified in City's Notice of Completion issued for the Services. City will endeavor to locate any errors or defective materials or workmanship and call them to the attention of Contractor as the services are being performed. However, City is under no obligation to do so, and shall not be liable because errors or defective material or workmanship by Contractor are not discovered by City. Any work that is rejected by City, shall be remedied, or removed and replaced, by Contractor at Contractor's sole expense, with such work conforming to Exhibit "A" of this Agreement. Any defective material or workmanship which may be discovered before final acceptance, or within (1)one year from the date specified in the Notice of Completion, shall be corrected immediately by Contractor at its sole expense, notwithstanding that such defective material or workmanship may have been overlooked by City in prior inspections. City's failure to inspect the Services at any stage of performance of the Services shall not relieve Contractor from its obligation to perform sound and reliable work as herein described. 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, City may make such repairs and replacements 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 right of City to immediately correct conditions which may be unsafe or which may pose a threat to public health or safety. Should such conditions later be found to be caused by defective material and/or workmanship, Contractor shall reimburse City for the costs City incurs in connection with such corrective work. C:%Oocuments and Settingslbalzammar\DesktopiAgrmnent For Cal stripe.doc 2 The warranty provided for herein shall not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise imposed by law. The remedies provided herein shall not be exclusive, and City shall be entitled to any and all remedies provided by law. 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 fourteen (14) 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 Twenty One Thousand Six Hundred and Ten Dollars ($21,610.00) as 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 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: Contractor: Bassam Alzammar Steve Fleener, Owner Agent Municipal Utilities and Engineering Department Cal-Stripe Inc. City of Redlands 375 South G St. P.O. Box 3005 San Bernardino, CA 92410 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. 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 22300. 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 on the Project Site, if such utilities are not identified by City in Exhibit "A" of this Agreement. City shall compensate Contractor for the costs of locating, repairing damage not due to the failure of Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in Exhibit"A" with reasonable accuracy and for equipment used for the Services necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Services, when such CAl)ocuments and settingslhalzatnmar\DesktoptAgreemectt for Cal Stripe.doc 3 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 the presence of such utilities on the Project Site can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the Project Site. ARTICLE 5 - IN5URANCE 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' Compgnsation and Em to er'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 3704 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 (30) days prier 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 Assi nment. 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 Liabilitly Insurance. Contractor shall procure and maintain in farce throughout its performance of the Services comprehensive general liability insurance, with carriers acceptable to City, with minimum coverage of One Million Dollars ($1,000,004) 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 written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. C:0oc==1s and Settingslbalzzmaraa U)esktop\Agreetnent for Cal styipe.&c 4 5.6 Business Auto Liability Insurance. Contractor shall procure 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 Services within the time specified by this Agreement 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 Five Hundred Dollars ($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 Five Hundred Dollars ($500)per day is the estimated damage to City caused by the failure of Contractor to complete the Services within the specified time. Such sum represents liquidated damages and shall not be construed as a penalty, and may be deducted from payments due 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 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. 6.3 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City. 6.4 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five(5)calendar day's prior written notice to Contractor. 6.5 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 CADoeumnents and Settingsl6al7anui \Deskwp\Ageentent for Cal Stnpe.doe 5 work completed up until notice of termination. 6.6 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. 6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 6.8 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000) or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3, Chapter 1., Article 1.5 of the Public Contract Code (commencing with section 20104). All claims shall be in writing and include the documents necessary to substantiate the claim. 6.9 If any provision or of this Agreement is held to be void or unenforceable under any law or regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. CADoc=ents and Settingslbat-rammuV)esktoplAgeement for Cal Stnpe,&c 6 IN WITNESS "EREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: Tina T. Kundig Sam Irwin Finance Director/ City Treasurer City Clerk Cal-Stripe, Inc. By Steve Ffeener, 4wnei"s Agent CADoemnents and 5ettmgslbalunumrE'--sk-topkAgzeen=t for Cal SEtepeAm 7 Exiii-BIT "A" Scop e of Serviees Redlands Boulevard Re-striping: • Restripe Redlands Boulevard behveen State Street and Ford Street. • Install new Reflective Pavement Markers on Double Yellow and Skip lines. • All crosswalk and legends to be painted using thermoplastic coatings. • All.other striping including speed limit markings shall be painted. EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Redlands Boulevard Restriping, 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 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 begiven 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). Gal-Strip, Inc. Date: q--�P _i Bv: � Steve Fleener, Owner's Agent Contractor's License No.