HomeMy WebLinkAboutContracts & Agreements_200-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this '-2 I st day of October, 2003, by and between
the City of Redlands, a municipal corporation("City") and Dan Capp Crushing ("Contractor").
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 for the crushing and reecycling of stockpiled ashpalt and
concrete at the Califonia Street Landfill (the "Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License
required for the work to be performed as set forth in this Agreement and shall not be
debarred pursuant to California 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," entitled "Scope of Services and Bid Amounts" which is attached hereto and
incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws commencing at California Labor Code
section 1770 et. seq. and non-discrimination laws including the American's with
Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands Municipal Utilities
Department, Civic Center, 35 Cajon Street, Suite ISA, (P.O. Box. 3005 mailing),
Redlands California 92373.
2.3 Contractor further understands that if it violates the California Labor Code as it relates to
prevailing wage, that City shall enforce the California Labor Code by Notice of the
withholding of contract payments to the Contractor or Subcontractor pursuant to Labor
Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this
Project, that the Contractor shall comply with California Labor Code section 1775 and
1777.7 including providing the subcontractor with copies of the provisions of Sections
1771, 1775, 1776, 1777.5. 1813 and 1815 of the Labor Code. Contractor acknowledges
that the statutory provisions for penalties for failure to comply with state wage and hour
laws and to pay prevailing wages will be enforced by the City pursuant to labor Code
sections 1775 and 1813.
2.5 Contractor and any of its Subcontractors shall comply with the provisions of California
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 Section 1771, 1775, 1776, 1777.5 1813 and 1815 of the California
Labor Code.
2.8 Contractor shall obtain a Labor and Materials Payment Bond pursuant to Civil Code
section ')247 and shall execute the Payment Bond form attached hereto as Exhibit "B."
ARTICLE 3 - PERIOD OF SERVICE
3.I Contractor shall perform the Services in a prompt and diligent manner, in accordance
with Exhibit A, Scope of Services and Bid Amounts.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 For the performance of the Services. City will pay Contractor in accordance with Exhibit
A, "Scope of Services and Bid Documents.
4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of
Contractor's hereinabove invoice, by warrant payable to Contractor.
4.3 All notices, bills and payments shall be made in writing and may be given by personal
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delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Gary Van Dorst, Solid Waste Manager
City of Redlands
Municipal Utilities Department
PO Box ')005
Redlands, CA 92373
Contractor: Karen S. Ayres, Secretary-Treasurer
Dan Copp Crushing
1')00 N. Handcock St., 94B
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, bills
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and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be PrimarSt
All insurance required by this Agreement is to be maintained by Contractor for the
duration of this Project and shall be primary with respect to City and non-contributing to
any insurance or self-insurance maintained by City. Contractor shall provide City with
Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of work.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers' Compensation and Employer's
Liability insurance for its employees throughout the duration of this Agreement
pursuant to California Labor Code sections 3700 and 1860 and in an amount
which meets the statutory requirement with an insurance carrier acceptable to City
as signed in attached Exhibit "C." Such insurance shall be primary and non-
contributing to any insurance or self-insurance maintained by City. The insurance
policy shall include a provision prohibiting cancellation of said policy except
upon thirty (30) days prior written notice to City. Certificates of Insurance shall
be delivered to City prior to commencement of work.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries to
Contractor's employees and agrees that the obligation to indemnify, defend and
hold harmless provided for in this Agreement extends to any claim brought by or
on behalf of any employee of Contractor. This waiver is mutually negotiated by
the parties. This shall not apply to any damage resulting from the sole negligence
of City, its agents and employees. To the extent any of the damages referenced
herein were caused by or resulted from the concurrent negligence of City, its
agents or employees, the obligations provided herein to indemnify, defend and
hold harmless are valid and enforceable only to the extent of the negligence of
Contractor, its officers, agents and employees.
C. Contractor shall sign the Worker's Compensation Insurance Certification attached
as Exhibit"C"to this Agreement.
5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and
defend City and its elected officials, agents, and employees from and against any and all
claims, losses or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of Contractor,
its officer, agents and employees in performing the Services required by this Agreement.
5.4 Assivrinient. Contractor is expressly prohibited from subletting or assigning any of the
Services described in this Agreement without the express written consent of City. In the
event of mutual agreement between parties to sublet a portion of the Services, Contractor
shall add the subcontractor as an additional insured and provide City with the insurance
endorsements prior to any work being performed by the subcontractor. Assignment does
not include printing or other customary reimbursable expenses that may be provided in
this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in
force throughout the duration of the Agreement comprehensive general liability insurance
with carriers acceptable to City. 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 is required. City shall be named as an additional
insured and the insurance policy shall include a provision prohibiting cancellation of said
policy except upon thirty (30) days prior written notice to City. Such insurance shall be
primary and non-contributing to any insurance or self-insurance maintained by City.
Certificates of insurance and endorsements shall be delivered to City prior to
commencement of work.
5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage,
with minimum limits of one million ($1,000,000) per occurrence, combined single limit
for bodily injury liability and property damage liability. This coverage shall include all
consultant owned vehicles used on the project, hired and non-owned vehicles, and
employee non-ownership vehicles. City shall be named as an additional insured and a
certificate of insurance shall be delivered to City prior to commencement of work.
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,
6.2 Contractor shall not sublet or assign any of the Services to be performed under this
Agreement. except with the prior written approval of City and in strict compliance with
the terms, provisions, and conditions of this Agreement,
6.3 All documents, records, drawings, electronic data files and data base, photographic prints
and negatives, designs and specifications, cost estimates, and other Project documents
developed by Contractor pursuant to this Agreement and any copyright interest in above
described documents shall become the property of City and shall be delivered to City
upon completion of Services.
6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Services provided pursuant to this Agreement
and not an employee of City. All qualified personnel provided by Contractor pursuant to
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the provisions of this Agreement are to be employed by Contractor 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.
6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all
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 required by this Agreement. Contractor shall be compensated on a pro-rata basis
for any work completed up until notice of termination.
6.7 This Agreement, including the attachments incorporated herein by reference, represents
the entire agreement and understanding between the parties as to the matters contained
herein and any prior negotiations, proposals or oral agreements are superseded by this
Agreement. Any amendment to this Agreement shall be in writing and approved by the
City Council of City and signed by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the
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State of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
By
Mayor Deputy City Clerk
CONTRACTOR
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By Date
EXHIBIT A
AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
SCOPE OF SERVICES AND BID AMOUNTS
The Contractor shall provide the scope of services at the bid amounts enumerated below and in
accordance with the Time of Completion below:
Charges:
1. The minimum charge to the City shall be $45,000 plus tax. The minimum charge shall
cover the move-in and out of equipment plus the crushing of 8,000 tons or less (5,334
cubic yards or less, per each phase). This includes move-inset-up charges in the amount
of$7,000 + tax.
2. The City shall pay the Contractor an additional charge of$200 for running a line 200 feet
from the hydrant to the crusher.
3. The Contractor shall charge the, City an additional $800.00 per hour for standby time,if
necessary.
4. The City shall reimburse the Contractor for the cost of the Payment Bond required by the
City (estimated to be $1,500).
5. If crushing exceeds the minimum,pay quantities will be determined by a survey of the
finished stockpile performed by a licensed surveyor. The weight per cubic yard will be
figured at 1.5 tons based on the average stockpile density. Survey charges will be in
addition to other crushing costs at the rate of$200.00 per hour for field surveyors and
$100.00 per hour for in-house calculation time. City will not remove materials from
finished stockpile until survey is complete.
6. If crushing exceeds the minimum, Contractor shall crush on-site inert material to I"
minus in size. Charges to the City will be based on $4.76/ton($7.141cy based on 1.5 tons
per cubic yard) +tax.
7. The above pricing includes an excavator with hydraulic breaker to size material.
Services:
I. The Contractor's primary crusher will be located within 100 feet of the raw stockpile.
2. The Contractor makes no guarantee as to S.E.. Fines, £ -Value or Durability.
3. The Contractor will provide laborers as needed to remove trash and steel.
Time of Completion:
1. Contractor shall complete all work under this Agreement and remove all equipment from
the site prior to November 14, 2003.
The City shall provide the following:
I Maximum size of raw material to be crushed shall be 2' x 2' by 1'. Rebar or wire mesh
must be trimmed within 3" of maximum size dimension. Pieces containing rebar or wire
mesh are not to be connected to each other. The City is solely responsible for creating the
raw stockpile, which will consist only of reinforced and non-reinforced material. "Non-
Reinforced" material is defined as asphalt concrete (AC), concrete (PCC), gravel, and
rock products. "Reinforced" material is defined as concrete (PCC) with rebar or wire
mesh and cinder block with rebar.
2. The City shall supply water at the minimum rate of 30 g.p.m. from the hydrant located on
Nevada Street nearest the crushing operation.
3. The City shall provide, as requested by Contractor, supplemental dust control watering.
Raw stockpile and area surrounding the crushers will be kept sufficiently moist or plant
will go on standby time.
4. The City is responsible for moving the material as deposited by conveyors.
5. All trash will be disposed of by the City.
Exhibit "B"
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as
„City"), and (hereinafter designated as "Principal") have entered
into an agreement whereby Principal agrees to install and complete certain designated public
improvements, which by said agreement dated , 2003, and identified as Contract No.
, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement, Principal is required before entering upon the
performance of the work, to furnish a good and sufficient labor and materials payment bond with the City
to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of
Division 3 of the Civil Code of the State of California.
NOW, THEREFORE, said Principal and the undersigned as corporate surety, are held and firmly
bound unto the City and all contractors, subcontractors, laborers, materialmen, and any other persons
employed in the performance of the aforesaid agreement and referred to in the aforesaid Civil Code of
the State of California in the sum of dollars
($ ) for materials furnished or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the
same in an amount not exceeding the amount herein above set forth, and also in case suit is brought upon
this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees,
including reasonable attorney's fees, incurred by the City in successfully enforcing such obligation, to be
awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein
rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons,
companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of
Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit
brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of the agreement or to the work to be performed thereunder or the specifications accompanying the
same shall in agnosia affect its obligations on this bond, and it does hereby waive notice of any such
change, extension of time, alteration or addition to the terms of the agreement or to the work or to the
specifications.
IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety named,
on 2003. Bond No.
(SEAL) (SE.4L)
Principal Surety
Bv: By-
Signature Signature
Address:
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(Notarial Acknowledgme tits of'Principal and Surety) Telephone:
Exhibit "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.
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 contract. (Labor Code §1861).
-Y
Date
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Name of Contractor
J
By:
Signature of Authorized Agent
Signatory"""'
itle
Contractor's License No.
Date
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