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HomeMy WebLinkAboutContracts & Agreements_152-2009_CCv0001.pdf ti AGREEMENT FOR PAVEMENT REPAIR WORK i This agreement for pavement repair work at various locations throughout the City of Redlands ("Agreement") is made and entered into this W day of October, 2009 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and G.M. Sager Construction ("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 perform pavement repair work at various locations throughout the City("Work"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the construction of the retaining wall, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2.-RESPONSIBILITIES OF CONTRACTOR 2.1 The specific Work which Contractor shall perform is 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 Work 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 1.773.2, 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 Work 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. SagcerCozi ruc?ic>t.A�cment R=pair,doc y I 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 work on the Project, 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 ZI 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, 2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Zn 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 Pursuant to Public Contract Code section 7104, if the Work involves 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 Code section 25117, that is required to be removed to a Class 1, Class 11 or Class III disposal site in accordance with provisions of existing law; (2) subsurface or latent physical conditions at the Project site differing from those indicated by information about the site made available to Contractor prior to entering into this Agreement; or (3) 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 in this Agreement. City shall 1:ca d.!rn Agreemenfs�,(Nl Sager Constructionavement Repai-doe 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 required for, performance of any part of the Work, and shall issue a change order under the procedures described in this Agreement. If a dispute arises between City and Contractor as to whether the conditions materially differ, involve hazardous waste, or cause a decrease or increase in Contractor's cost of, or time required for, performance of any part of the Project, Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all Work to be performed under this Agreement. Contractor shall retain any and all rights provided either by this Agreement or by law which pertain to the resolution of disputes between the Parties. 2.9 Pursuant to Labor Code section 6705, if the Work requires any trench five feet or more in depth, Contractor shall submit, subject to City's approval, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during,the excavation of such trench or trenches. If the plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. 2.10 Prior to and during any excavation, Contractor shall comply with Government Code section 4216 et seq. 2.11 Because this Agreement was exempt from competitive bidding, prior to commencement of anv Work, Contractor shall provide City with the information otherwise found in Public Contract Code section 4104. 2.12 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, Work or materials pursuant to this Agreement L- ],,ca,d';-n Agreements GNA Sager Constructon—Nnem.ent Repaindoe ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall commence the Work upon City's delivery to Contractor of a written "Notice to Proceed." 3.2 Contractor shall complete the Work within Thirty (30) 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 Nineteen Thousand Five Hundred ($19,500.00) as complete compensation for the Work. 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: Bassam Alzammar Municipal Utilities and Engineering Dept. City of Redlands P.O. Box 3005 Redlands, CA 92373 Contractor: Michael Sager Secretary/Treasurer L'Ica,qjri'Agreements'(;M Sager Contrm-,flon,Panenienl Repair-doc G.VI. Sager Construction, Inc. 1380 S. East End Ave Pomona, CA 91786 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 Z:� 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 site of the Project, if such utilities are not identified by City in the plans and specifications attached as part of Exhibit "A." 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 the plans and specifications with reasonable accuracy and for equipment on the Project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the Project, 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 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, provided that City must identify main or trunkliries in the plans and specifications attached as part of Exhibit "A." ARTICLE 5 - INSURANCE AND INDEMNIFICATION L,ca'djrr.Agreements'(;M Saver(',),.ist,-uction,Pavernert Repair.doc 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 Work, 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 A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Work 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 any Work. B. Contractor expressly waives all rights to subrogation against City and its elected officials, Z:) zn officers and employees for losses arising from work performed by Contractor on the Project by expressly waiving Contractor's immunity for injuries to Contractor's employees. Contractor 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. 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 Work. 54 Assignment. Contractor is expressly prohibited from assigning any of the Work without the express prior written consent of City. In the event of agreement by the Parties to assign a portion Plca'41rn"Agreements�Gkl Sager Construetron.Pavement Repaindcx', -6 of the Work, 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 the duration of the Work 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 written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Work. 5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout the -...........I zn duration of the Project 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 on the Project, 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 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, including fees for the use of in-house counsel by a Party. 1:ca'd.im"ALreernents,GAA Sager ConstructionTaverient Repaindoc 6.2 All documents, records, drawings, electronic data files and data base, photographic prints and neoratives, designs and specifications, cost estimates, and other documents developed by Contractor for the Work shall become the property of City and shall be delivered to City upon completion of the Work. 6.3 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 perform the Project 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 Work by City. 6.5 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. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all Work 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 Work. 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 Z:� I"ca,djm'Agreernents GM Sager Construclion Pavennent Repaindoc California. 6.9 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. 6.10 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. L'ca,gr ,ALreements''GM SagerConsttuMon.Pavement R t ;r.doe 9 IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: ` ,By Tina Kundig City Cterk/ Finance Director/Treasurer G.M. Sager Construction, Inc. Bye Date acs Michael Sager, Secretary/Treasurer !:ca;dJm,AgmementsGIA Sagv-Construction,Paernent Repair.doc 10 EXHIBIT "A" PROPOSAL TO: THE CITY OF REDLANDS,SAN BERNARDINO COUNTY, CALIFORNIA herein called.the"City". Contractor shall include all component parts and everything required to perform, and to provide and fin-nish any and all of the labor, materials, tools, equipment and all utility and transportation services necessary to perform the contract, and complete in a workmanlike manner, all of the work covered by the contract in connection with the City's Project identified as BID SCHEDULE PAVEMENT REPAIR PROJECT LOCATION No. I-55 LA SALLE STREET Item Est. Total or No. Qty. Unit Item Description with Unit Price or Lump Sum Price in Wards Extended Price in Figures Remove existing temporary asphalt pavement and replace approximately 268 sq. ft. up to 8 inches thick permanent pavement. Pavement shall be PG-64'1-0.. inch aggregate in lifts no more than 3 1 1 LS inches per lift. For the lump sum price of Dollars Cents $ Cold plane minimum 1/14 foot and overlay approximately 1216 sq. ft. Pavement shall be PG-64 %inch aggregate. For the lump sum price of 2 1 LS Dollars Cents $ PROJECT LOCATION#1—SUBTOTAL: S 55 LA SALLE STREET SUBTOTAL PRICE WRITTEN IN WORDS: - I - PROJECT LOCATION No.2—INTERSECTION OF ORANGE STREET&LUGONIA AVENUE Item Est. Total or No. Unit Item Description with Unit Price or Lump Sum Price in Words Extended Price Qty in Figures Remove existing temporary asphalt pavement and replace approximately 144 sq. ft. up to 8 inches thick permanent pavement. Pavement shall be PG-64'/4 inch aggregate in lifts no more than 3 inches per lift. (Price to include night work). For the lump sum price 1 I LS of: Dollars Cents $ Cold plane minimum I/I0 foot and overlay approximately 320 sq. /2 ft. Pavement shall be PG-64 inch aggregate. (Price to include night work). For the lump sum price of: 2 1 LS —Dollars Cents $ PROJECT LOCATION#3—SUBTOTAL: INTERSECTION OF ORANGE STREET& LUGONIA AVENUE SUBTOTAL PRICE WRITTEN IN WORDS: PROJECT LOCATION No.3-502&512 LUGONIA AVENUE Item Est. Total or Na {qty. Unit Item Description with Unit Price or Lump Sum Price in Words Extended Price in Figures Remove existing temporary asphalt pavement and replace approximately 40 sq. ft. up to 8 inches thick permanent pavement. Pavement shall be PG-64 3/4 inch aggregate in lifts no more than 3 1 I LS inches per lift. For the lump sum price of: Dollars Cents $ Cold plane minimum 1/10 foot and overlay approximately 60 sq. ft. Pavement shall be PG-64 11/2 inch aggregate. For the Iurnp sum price of: 2 1 LS Dollars Cents $ PROJECT LOCATION#3—SUBTOTAL: S 502&512 LUGONIA AVENUE SUBTOTAL PRICE WRITTEN IN WORDS: - 2 - PROJECT LOCATION No.4-913& 919 LUGONIA AVENUE Item Est. Total or No. Qty. Unit Item Description with Unit Price or Lump Sum Price in Words Extended Price in Figures Remove existing temporary asphalt pavement and replace approximately 100 sq. ft. up to 8 inches thick permanent pavement. Pavement shall be PG-64 3/4 inch aggregate in lifts no more than 3 1 1 LS inches per lift. For the lump sum price of. Dollars Cents $ Cold plane minimum 1/10 foot and overlay approximately 1.32 sq. ft. Pavement shall be PG-64 '/2 inch aggregate. For the lump sum price of: 2 1 LS Dollars Cents $ PROJECT LOCATION#4—SUBTOTAL: $ 913&919 LUGONIA AVENUE SUBTOTAL PRICE WRITTEN IN WORDS: BID SCHEDULE TOTAL PRICE $ BID SCHEDULE TOTAL PRICE WRITTEN IN WORDS: Company Mame Signature Address Name City, State, Zip Title - 3 - PERFORMANCE SCHEDULE: 1. Non-Mandatory job walk is scheduled for 9:00 am, September 9, 2009, at location No. 1. Contact Bassam, Alzarnmar with City of Redlands Municipal Utilities and Engineering Department with any question at(909) 798-7584 ext. 2 2. Prevailing wages — Contractor shall comply with section 1770 to 1780 inclusive of the Labor Code and Master Labor Agreement of Southern California 3. Certified payroll must be submitted prior to payment 4. All items include traffic control. 5. Contractor responsible for encroachment permit from CAL-TRANS for locations No's 2, 3,&4. 6. Contractor responsible for a no fee encroachment permit from City of Redlands for location No. 1. 7. Pavement repair within CAL-TRANS right of way to be per CAL-TRANS standers. 8. Contractor must provide insurance and workers compensation certification requirements before bid is awarded. Questions related to insurance, contact Kim Braun at(909) 798.7679 9. All bid are due by 3:00 p , September 14, 2009, at the City of Redlands Municipal Utilities and Engineering Department EXHIBIT "B" EXISTING CURB AND GUTTER IF DISTANCE IS LESS THAN 5'PAVEMENT SHALL SAW CUT EDGE BE REPLACED IN TOTAL CONTRACTOR SHALL GRIND TOP FOOT OF EXISTING PAVING 18"MIN. PATCH WIDTH 18"MIN, AND PLACE AN OVERLAY CAP EXISTING PAVEMENT ------------i-. SEAL EDGES WITACK 4 u AT -BASE PAVEMENT ASPHALT SHALL BE 1"THICKER THAN EXISTING ASPHALT PAVEMENT. BASE PAVEMENT SHALL BE DONE IN LIFTS NO MORE THAN 3 INCHES PER LIFT. SURFACE RESTORATION DETAIL GENERAL NOTES NTS 1. A 24-HOUR NOTICE MUST BE GIVEN TO A CITY OF REDLANDS INSPECTOR 2, TRAFFIC CONTROL SHALL BE IN COMPLIANCE WITH'WORK AREA TRAFFIC CONTROL HANDBOOK" 1 SAVv`CUT A CLEAN,STRAIGHT,VERTICAL EDGE APPROXIMATELY 1 FOOT BEYOND THE EDGE OF THE REPAIR SECTION. ALL LIQUIDS GENERATED By SAW CUTTING SHALL BE VACUUMED AND LEGALLY DISPOSED OF IN COMPLIANCE WITH THE FEDERAL CLEAN WATER ACT.SAW CUTTING MUST BE COMPLETED IN ADVANCE OF PAVEMENT REPAIR 4. REMOVE THE REPAIR SECTION TO A DEPTH OF 1 INCH GREATER THAN THE EXISTING PAVEMENT,BUT NO LESS THAN 4 INCHES. 5. COMPACT SUBGRADE TO MINIMUM OF 95%RELATIVE DENSITY 6- TACK COAT SHALL BE SSIH ASPHALT EMULSION 7. APPLY AN EVEN TACK COAT TO DRY AND CLEAN VERTICAL EDGES. 8. BASE COURSE SHALL BE(Y4 INCH)PG 64-10 ASPHALT AND COMPACTED TO MAXIMUM DENSITY 9, INSPECTOR MUST BE NOTIFIED TO INSPECT BASE PAVING BEFORE APPLYING FINISHING CAP.ALLOW MINIMUM OF CITY OF REDLANDS 72 HOUR BEFORE APPLYING FINISHING CAP. Municipal Utilities Deportment 10, APPLY AN EVEN HOT TACK COAT TO EDGES AND SURFACE TO BE CAPPED 11. FINISH CAP SHALL BE(Ye INCH)PG 64-10 ASPHALT AND COMPACTED TO MAXIMUM DENSITY,UNLESS OTHERWISE SPECIFIED SURFACE RESTORATION DETAIL 12. APPLY SEAL COAT TO FINISHED EDGES USING SS111 EMULSION "T"SECTION 13. APPLY#30 SILICA SAND TO EDGES OF FINISHED PAVEMENT 14, FINISHED SURFACE SHALL EXHIBIT A SMOOTH,UNIFORM APPEARANCE,FREE OF VOIDS AND SEGREGATION. 15. TRAFFIC CONTROL IS TO REMAIN IN PLACE UNTIL THE NEW PAVEMENT IS ALLOWED TO COOL TO A POINT THAT IT CAN Designed by. Date:_ SUSTAIN MOTOR VEHICLES WITHOUT SCUFFING OR RUTTING. lfa�f A07 Cha by. MKp C�Elqm— — -00 D.. -------- _00�_ 16, ALL FINISHED REPAIRS SHALL BE WITHIN,125 INCH OF EXISTING ASPHALT SURFACES. Dote. 90 EIA "A 0,...by Checked by. _ Asti 00.: Sh-k sh-t, EXHIBIT "C" WORKERS' COMPENSATION INSURANCE CERTI.FICATION Project: Pavement Patch Repair at Various Locations throughout City 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). G.M. Sager Construction, Inc. Date: _ l t-�(A Michael Sager; Secretary Treasurer Contractor's License No.