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HomeMy WebLinkAboutContracts & Agreements_74-2021NPS-2.2 (4/23/20) AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the provision of asphalt repair services at the Redlands Wastewater Treatment Plant ("Agreement") is made and entered in this 18th day of May, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and Roy Allan Slurry Seal, 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 engages Contractor to perform asphalt repair services at the Redlands Wastewater Treatment Plant (the "Services"). 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 The Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by 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 Services 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. 2.4 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. 1 L:\ca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-011 Ldoc.jn NPS-2.2 (4/23/20) 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 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, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3.1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City designates John R. Harris, City's Municipal Utilities and Engineering Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A," which is attached hereto and incorporated herein by reference. The Services shall commence as of the Effective Date of this Agreement. 4.2 Contractor shall complete the Services by June 24, 2021, unless the Services are earlier terminated as permitted herein. 4.3 Contractor shall furnish a labor and material bond in the form attached hereto as Exhibit "B," which is attached hereto and incorporated herein by reference, in an amount equal to one hundred percent (1001/o) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5.1 Total compensation for Contractor's performance of the Services shall not exceed the amount of fifty eight thousand eight hundred seventy five dollars and twenty eight cents ($58,875.28). City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Service Costs," which is attached hereto and incorporated herein by reference. 2 L:\ca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FF20-0111.doc.jn NPS-2.2 (4/23/20) 5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section: CITY: City Clerk City of Redlands 35 Cajon Street P.O. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofredlands.org Phone: (909) 798-7531 Fax: (909) 798-7535 CONTRACTOR: Lawrence Allan, President Roy Allan Slurry Seal, Inc 11922 Bloomfield Ave. Santa Fe Springs, CA 90670 lawrence@raslurry.com Phone: (562) 864-3363 Fax: (562) 864-6612 ARTICLE 6 — INSURANCE AND INDEMNIFICATION 6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor. Contractor shall provide City with certificates of insurance and endorsements evidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty (30) days prior written notice to City. A. Workers' Compensation and Employer's Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self -insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit "D," titled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference, prior to performance of the Services. B. Comprehensive General Liability insurance with carriers acceptable to City in the minimum amount 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 such insurance shall be primary and non-contributing to any insurance or self-insurance 3 L:lcaldjm�Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-011l.doc.jn NPS-2.2 (4/23/20) maintained by City. C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor's provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. 6.2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability, including attorneys' fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services. ARTICLE 7 — CONFLICTS OF INTEREST 7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor's Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement. 7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor: A. Does not make a governmental decision whether to: (i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a parry, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof. B. Does not serve in a staff capacity with City and in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City's Conflict of Interest Code under Government Code section 87302. 7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, 4 LAca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-011 l.doc.jn NPS-2.2 (4/23/20) Statement of Economic Interests, with the City Clerk's office pursuant to the written instructions provided by the City Clerk. ARTICLE 8 — GENERAL CONSIDERATIONS 8.1 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 the recovery of its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party. 8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City's immediate termination of this Agreement. 8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor's employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or 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. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation. 8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than five (5) days prior written notice to Contractor of City's intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor's compensation shall be made, but (i) no amount shall be allowed for anticipated profit or unperformed Services, and (u) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related 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 Services completed up to the date of termination. 8.5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor. 8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained 5 L:\ca\djm\AgreementslRoy Allan Slurry Seal Agreement.NPS-2.2.FY20-011 l.doc.jn NPS-2.2 (4/23/20) herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor. 8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 8.8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement. IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confinnation of this Agreement. * 9 P -d i� Paul T. Barich, Mayor ATTEST: e e Donaldson, City Clerk ROY ALLAN SLURRY SEAL, INC By: Lawrence Allan, President 6 L:\ca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-01 I Ldoc.jn NPS-2.2 (4/23/20) EXHIBIT "A" SCOPE OF SERVICES Provide asphalt repair at the City of Redlands Wastewater Treatment Plant Brine Cap located at 1950 Nevada St. Redlands, Ca 92374 (34°5'28"N 117°12'45"W) bplW PteM[! fez µin of drrna Cap y � Ver:�neter f ` er • cny nr x.d�a,n, ..».. izsmamy�.caiav a n�„u, u n.ei.w. ca vxns - i The following is the expected scope of service: 1. Clean debris and dirt off entire surface area of the brine cap (45,786 square feet). 2. Repair of cracked asphalt, application of slurry seal, sealant, and coating on entire surface area (45,786 square feet), including area under the solar panels. 3. Area not covered by solar panels: torch, scrape, and apply oil seal. Furnish and install seal coat to this area (29,432 square feet). 4. Area under solar panels: apply SSIH tack coat and 1 inch asphalt overlay in damaged areas, — 16,354 square feet. 5. Apply Type 1 Emulsion Aggregate Slurry Seal with 2.5% Latex for the total surface area (45,786 square feet). The contractor is not to disconnect any existing conduits or electrical wiring from the solar panels. Access to the brine cap is limited in weight to prevent damages to the impervious liner below the existing asphalt. Vehicles and equipment over 3 tons are not allowed on the brine cap. Loads are not to exceed 500 pounds per square foot. Any damage to the existing brine cap will be at the contractor's expense. No work is to be done during rain events or leave any areas exposed to anticipated rain. Ambient and ground temperature should be at least 50 degrees Fahrenheit when the work is to be performed. 7 LAca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-011 l.doc.jn NPS-2.2 (4/23/20) EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and Roy Allan Slurry Seal, Inc (hereinafter designated as "Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to Repair Services for Repair of Asphalt of the Brine Cap (the "Work"), which said agreement, dated May 24, 2021, and identified as brine cap asphalt repair is hereby referred to and made a part hereof; and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of fifty eight thousand eight hundred and seventy-five dollars and twenty-eight cents ($58,875.28) 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 hereinabove 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 attorneys' 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 insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9550) of Part 6 of Division 4 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 the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition. In witness whereof, this instrument has been duly executed by the Principal and surety above named, on / Y� 202_ j. (SEAL) Al�(�on�actor) k� 'Atlgnature) (SEAL) (Surety) BY: (Signature) Address: (Seal and Notarial Acknowledgment of Telephone( Surety) 8 LAcaArn\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-0111.doc.jn ACKNOWLEDGMENT I A nctary public or other Officer completing this cartificate vex .dies only the identi)tr of tvie individual 11010 Signed the document, to which this certificate is attached.. and not the truithfulness. accuracy, or " Idity i W valt I of that djoacurnent State of California County Of Orange On before me, Ann- Mafie Allan,, Notary Public 1,1T fha nfficert na arne personally appeared LalfflrenCe Allan .hO PrOVed to me on the basis off Batista ctory evidence f-0 be the e Personke, whose Tam—ej —isiam subscribed to the within instrurnent and acknowledged to L Me '�h8' refs executed the same in his/haair author capacit/,-,1ez,), and that byjhjs/heF,#:he1r signaturs(s) on the instrument the person(��-,,', or the entity upon behalf of which the person(sq, acted, executed the -' stri1m in ept. ceftlfy under PENALTY OF IPERJURY under trid Jaws of the State of Calif PaMgraPh is true and correct. omi, that the f1gregoing W1517 NESS my hard and offif cial se -al, A ON-MAWALIM COMMISSi0ft NO. 2U3759 NOTARY PUBLIC. CALIFORNIA ORANGE Coukry MY Comm E,jres JULY 3, 202j Signature CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County % of Orange ) On APR 2 i 2021 1 before me, Summer L. Reyes, Notary Public Date Here Insert Name and Title of the Officer personally appeared Matthew J. Coats Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. S� CF t �y ^ SUMMER L. REYES Notary Public • California Orange County Commission # 2339686 My Comm. Expires Dec 8, 2014 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature AAJy Signatur of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. 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Q, Rbv �.E mi J. :t U-imo `jv, 047S404920212 A005,01 9. EXHIBIT "C" SERVICE COSTS Line Totals (Unit Price * Quantity) SCOPE Description ITEM # NPS-2.2 (4/23/20) Unit of Measure Quantity Unit Price Line Total 1 Clean dirt & debris from entire area Sq. Ft 45786 $0.12 $5,494.32 2 'Type I Emulsion Aggregate Slurry Seal with 2.5% Latex Sq. Ft 45786 $0.35 $16,025.10 3 Torch, Scrape & Apply "Oil Seal" to spots Sq. Ft 29432 $0.20 $5,,886.40 4 Purnish & Install (1) Coat Seal to entire asphalt area - ------ Sq. Ft 29432 $0.18 $5,297.76 5 Apply SS1 H Tack Coat Sq. Ft 16354 $0.05 $817.70 6 Install 1." asphalt overlay in areas with pot holes or damaged asphalt Sq. Ft 1.6354 $1.00 $16,354.00 7 Prevailing Wage LS 1 $0.00 $0.00 8 Travel/ Gas expenses LS 1 $9,000.00 $9,000.00 Subtotal $58,875.28 Total $58,875.28 L:\ca\djm\Agreements\Roy Allan Slimy Seal Agreement.NPS-2.2.FY20-011 I.docjn NPS-2.2 (4/23/20) EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION 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 by one or more insurers 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. CHECK ONE V/ 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 and activities required or permitted under this Agreement. (Labor Code § 1861). I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance. I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct. ROY ALLAN SLURRY SEAL, INC ByL� Date: l Lawrence Allan, President 10 L:\ca\djm\Agreements\Roy Allan Slurry Seal Agreement.NPS-2.2.FY20-011 l.doc.jn