HomeMy WebLinkAboutContracts & Agreements_134-2006_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this June 20, 2006, by and between the City of
Redlands, a municipal corporation ("City"), and Larry Jacinto Construction, Inc. ("Contractor"). City
and Contractor are individually sometimes 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 complete the repair and replacement of a collapsed storm drain
trench on Ford Street between Redlands Boulevard and Sunset Drive (the "Project").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perforin 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 Project including, but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq. 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 Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10 (P.O. Box. 3005 mailing), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the
Project that 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 1$13.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications,retention and inspection.
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DJM*,Agree\Larry Jacinto
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
2.8 Contractor shall obtain, execute and deliver to City a Labor and Materials Payment Bond,
pursuant to Civil Code section 3247, in the form attached hereto as Exhibit "B."
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written"Notice to
Proceed," and Contractor shall complete the Project in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of One Hundred Twenty-One Thousand Six Hundred Sixty-
Four Dollars ($ 121,664.00) as complete compensation for the work Contractor performs on the
Project. Compensation for the Project is based on a fuel rate of$ 2.60 per gallon for offroad
diesel. Fuel logs and receipts will be kept by Contractor for all fuel deliveries to the job. All
fuel costs in excess of$ 2.80 per gallon will be charged as an extra at cost. All material delivery
fuel surcharges will be charged as an extra at cost. Due to material shortages all unit prices can
be held for 30 days only. Material cost increases will be documented by Contractor and charged
at cost plus 5%.
4.2 Payments by City to Contractor shall be made bi-weekly after City's receipt and approval of
Contractor's invoice, by warrant payable to Contractor as the Project progresses to the value of
ninety percent (90%) of all work completed. Full compensation for the Project shall be paid
within thirty(30) days of City's filing of a Notice of Completion for the Project.
4.3 All notices shall be made in wTitinE:, and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City: Rick Cross
City of Redlands
Public Works Department
PO Box 3005
Redlands, CA 92373
Contractor: Larry Jacinto Construction, Inc.
PO Box 615
Mentone, CA
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 who notices, bills
and payments 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 for the duration of the Project, 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 duration of the Project 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 or 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 "C" prior to
commencement of the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
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. This waiver is mutually negotiated by the Parties. This
subsection 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, employees and
agents.
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 act or omission of Contractor, and its officers, employees and agents, in
performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project,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 in this Agreement.
DMAgree'Larry Jacinto
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Project 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 its modification or cancellation 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 the Project.
5.6 Business Auto Liability Insurance. Contractor shall have business auto 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 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 the Project.
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 in-house counsel of the Parties.
6.2 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 for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor and City agree that 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 Project by City.
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project 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
Project. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.6 No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written
order by the City Engineer and the claim presented with the first estimate after the changed or extra
work is done. Contractor shall famish satisfactory bills,payrolls and vouchers covering all items of
cost and, when requested by the City,provide City access to accounts relating thereto.
After completion of the Project to the satisfaction of the City Engineer, the City Engineer shall
make a final estimate of the amount of work done. City shall pay the entire sum so found to be due
after deducting therefrom all previous payments and any amounts to be retained under the
provisions of this Agreement. All prior partial estimates and payments shall be subject to correction
in the final estimate and payment. The final payment shall not be due and payable until the
expiration of the thirty-five (35) days from and after the recordation of the Notice of Completion
filed by City.
6.7 In entering into this Agreement, Contractor offers and agrees to assign to City all rights, title and
interest and to all causes of action Contractor may have under Section 4 of the Clayton Act (15
U.S.C. Sec. 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 the purchase of goods,
services, or materials pursuant to this Agreement. This assignment shall be made and become
effective at the time City tenders final payment to Contractor, without further acknowledgment by
the Parties.
6.8 If the work under this Agreement involves digging trenches or other excavations that extend deeper
than four (4) feet below the surface, the following shall be done pursuant to California Public
Contract Code Section 7104:
A. 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
Section 25117 of the Health and Safety Code, 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 differing from those indicated.
(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 the contract.
B. City 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 in the Contractor's cost
of, or the time required for, performance of any part of the Project shall issue a change order to
reflect such conditions,
C. In the event that a dispute arises between City and Contractor whether the conditions materially
differ, or involve hazardous waste, or cause a decrease or increase in Contractor cost of, or time
required for, performance of any part of the work, Contractor shall not be excused from any
DJM'Agree''Larry Jacinto
scheduled completion date for the Project, 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 pertains to the resolution of disputes and protests between the
Parties.
6.9 Pursuant to Government Code Section 4215 et seq.,City shall assume the responsibility between the
Parties to this Agreement, for the timely removal, relocation or protection of existing main or trunk
line utility facilities located on the site of the Project, if such utilities are not identified by City in the
specifications for this Agreement. Contractor shall be compensated 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 identified in any plans and specifications for the project with
reasonable accuracy and for equipment on the project necessarily identified 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.
6.10 If Contractor, while performing the contract, discovers utility facilities not identified by City in the
contract plans or specifications, Contractor shall immediately notify City and the utility in
writing.
6.11 Contractor shall comply with Government Code Sections 4216 through 4216.9.
6.12 Contractor shall guarantee all work performed on the Project against defective materials or
workmanship for a period of one (1) year from the date of completion date specified in the
Notice of Completion, except where longer warranty periods are specifically stated. Any
omission or failure on the part of City to discover or notify Contractor of or to condemn
defective work or material at the time of construction shall not be deemed an acceptance, and
Contractor will be required to correct defective work or material prior to final acceptance. In the
event it is necessary for City to file suit to enforce any liability of Contractor pursuant to this
section, City shall be entitled to recover from Contractor, in addition to all other amounts found
due and owing, costs of suit and reasonable expenses and fees, including reasonable attorneys'
fees, incurred by City in successfully enforcing Contractor's obligations, all to be taxed as costs
and included in any judgment rendered.
6.13 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 and verbal agreements relating to the subject matter hereof 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.
6,14 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
duly authorized representatives of the Parties have signed in confirmation of
IN WITNESS WHEREOF, u y p �
this Agreement.
CITY OF REDLANDS ATTEST:
By r f�
Jo son,Mayor City Pferk
LARRY JACINTO CONSTRUCTION, INC.
' �,..- Date
B
DJivi Ayrce\Lasry Jacinto
EXHIBIT"A"
SCOPE OF WORK
WORK
Misc. Removal &Replacement
1. Remove &Dispose of Damaged Asphalt
2. Remove & Recompact Loose Subgrade
3. Replace Asphalt&Base Section
4. Replace Storm Drain Pipe As Necessary
Scope of work excludes the cost of: permits, engineering and survey, inspections, testing, construction
water,NPDES plan and compliance.
Scope of work excludes erosion control.
Scope of work excludes removal or disposal of any unforeseeable subsurface debris, structures, or
otherwise unsuitable materials. Excludes handling of any contaminated or hazardous materials.
Scope of work excludes relocation, removal, or capping of any existing utilities or irrigation.
Scope of work excludes de-watering,water control, and non-conventional excavation of over-saturated
materials.
Owner to provide and pay for a construction water source.
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 ,
2006,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 ,2006. Bond No.
(SEAL) (SEAL)
Principal Surety
By: By:
Signature Signature
Address:
(Notarial Acknowledgments of Principal and Surety) Telephone: {�}
DJM\Agree,Larry Jacinto
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).
June 19, 2006
Date
Larry Jacinto Construction, Inc.
Name of ContrAGk)f--,_-.,
Signature of Authorized Agent
Dennis Drexler,
-3Zi re Presi dent
Signatory's Title
458118
Contractor's License No.
-June 19, 2006
Date