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HomeMy WebLinkAboutContracts & Agreements_34-2024AGREEMENT BETWEEN THE CITY OF REDLANDS AND LARRY JACINTO CONSTRUCTION, INC. FOR THE GRANT OF FUNDS FOR IMPROVEMENTS TO THE PROPOSED ZANJA TRAIL PARKING LOT This agreement ("Agreement") for the grant of City funds for improvements to the proposed parking lot serving the Zanja Trail is made and entered into this 20th day of February, 2024 ("Effective Date), -by and between the City of Redlands, a -California municipal corporation and general law city ("City"), and Larry Jacinto Construction, Inc. a California corporation ("Grantee"). City and Grantee are sometimes individually referred to herein as a "Party" and, together, as the "Parties." RECITALS WHEREAS, the City Council is in receipt of a' grant proposal submitted by Larry Jacinto Construction, Inc. which requests funding for the completion of certain improvements associated with the construction of the proposed Zanja Trail; and WHEREAS, City has found and determined that the provision of fiends to Grantee for the improvements to the parking lot serves a public purpose for the reason that the funds will facilitate the increase in downtown parking to the Redlands community and contribute to the City's goals of enhancing tourism and economic development;" NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree as follows: AGREEMENT Section 1. Grant. City hereby grants to Grantee the sum of Two Hundred Thousand dollars ($200,000.00) (the "Grant Funds") pursuant to the request of Grantee set forth in its grant proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. City shall disburse the Grant Funds to Grantee on or before February 29, 2024. Section 2. Restrictions on Use of Funds. Grantee warrants and represents that the Grant Funds shall not be used for any activity that would violate City, State, or federal statutory or decisional law, and shall be expended solely for improvements Grantee proposes to make to the Zanja Trail parking lot as more particularly described in Exhibit "A" (the "Improvement Work"). In the event the Grant Funds are not used for the Improvement Work, Grantee shall provide written notification to City and shall return the Grant Funds in full to City within ten (10) days of such notice. If the Grant Funds are not fully expended by or before May 3, 2024, Grantee shall return the unexpended Grant Funds to City within thirty (30) days of such date. Section 3. Compliance with California Labor Code. In performing the Improvement Work, Grantee shall comply with all applicable federal, state, and local laws, including, but not limited to, any applicable provisions of the California Labor Code. City makes no representation to Grantee as to whether the Improvement Work constitutes a "Public Work" as that term is defined by California Labor Code section 1720, and Grantee acknowledges and agrees that Grantee shall be solely responsible and liable for the determination of whether such Improvement Work constitutes a "Public Work." Grantee further acknowledges and agrees that City's sole obligation under this 1 I:\cmo\Agreements\Larry Jacinto Construction, Inc, Grant Agreement (Zanja Trail Parking Lot) FY23-OW t,docx-msv2 Agreement is to provide Grantee with the Grant Funds, and that City is not an awarding authority for any contract entered into by Grantee for the Improvement Work, nor is City otherwise undertaking any "Public Work" for purposes of California Labor Code section 1781. Grantee shall defend, indemnify, and hold harmless City and its elected and appointed officials, officers, and employees from and against any and all losses, damages, costs, claims, causes of action and liability based upon the assertion that City or Grantee has failed to comply with any applicable provision of the California Labor Code in connection with Grantee's undertaking of the Improvement Work. Section 4. Reporting and Accounting Requirements. A. Grantee shall maintain true, proper, and complete books, records, and accounts (collectively, "Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the Improvement Work and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles. B, City reserves the .right to designateits empfo_y_ee_ropLes_entatives, or_its .contracted representatives with a Certified Public Accounting firm, who shall have the right to audit Grantee's Books and Records as they relate to the Grant Proposal, and to examine any cost, revenue, payment, claim or other records or supporting documentation relating to Grantee's use and expenditure of the Grant Funds. Any such audit shall be undertaken by City or its representatives at mutually agreed upon reasonable times, and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit. C. City's right to audit shall extend for a period of three (3) years following the date of City's provision of the Grant Funds to Grantee. Grantee agrees to retain all records and documentation relating to the Grant Proposal and Grantee's expenditure of the Grant Funds for such period. Section 5. Indemnification. To the fullest extent permitted by law, Grantee shall indemnify, defend, and hold harmless City, and its elected and appointed officials, officers, employees and agents, (collectively, the "Indemnified Parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgements, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a "Claim;" collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement and Grantee's undertaking of the Improvement Work (including the negligent and/or willful acts, error and/or omission of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee. 2 X:1cmo\Agreements\Larry Jacinto Construction, Inc, Grant Agreement (Zanja Trail Parking Lot) FY23-0031,docx-msv2 Section 6. Grantee Independence. In the performance of this Agreement, Grantee, and the employees and agents of Grantee, shall act in an independent capacity and are not officers, employees, or agents of City. The manner and means of performing the Improvement Work are under the control of Grantee, except to the extent they are limited by statute, rule, or regulation and the express terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Grantee, or any of Grantee's employees or agents, to be the employees or agents of City. Grantee shall have the responsibility for, and control over, .the. means of performing the Improvement Work. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the results of the Improvement Work. Section 7. Prohibition against Transfers. Grantee shall not assign or transfer this Agreement, directly or indirectly, by operation of law or otherwise, without the prior written consent of City. Any attempt to do so without such written consent of City shall be null and void. Section 8—Notices. Any _notice .or other .communication _requir�ed., or whichmay_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 OF REDLANDS City Clerk City of Redlands 35 Cajon Street P.U. Box 3005 (mailing) Redlands, CA 92373 jdonaldson@cityofrecilands.org (909) 798-7531 LARRY JACINTO CONSTRUCTION, INC. Larry Jacinto, President Larry Jacinto Construction, Inc. 9555 Wabash Avenue Redlands, CA 92374 (909) 794-2151 Section 9. General Considerations. A. Waiver. A waiver by either Party of any breach, or of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. B. Entire Agreement, This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties with respect to its subject matter, and all preliminary negotiations and agreements of whatsoever kind or nature relating to the same are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 3 I:\cmo\Agreements\L,arry Jacinto Construction, Inc. Grant Agreement (Zanja Trail Parking Lot) FY23-0031.docx-msv2 C. Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of the Agreement or any other rule of improvements which might otherwise apply. D. Amendment. This Agreement may be modified or amended only by a written document executed by both Grantee and City. E Severability. If any term or provision of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. F. Controlling Law and Venue. The Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California. G. Equal Opportunity Employment. Grantee represents that it is an equal opportunity employer, and it shall not discriminate against any contractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. H. Attorney's Fees. In the event any action is commenced to enforce or interpret any term or provision of this Agreement, the prevailing Party in such action, in addition to costs and any other relief, shall be entitled to the recovery of its reasonable attorneys' fees, including fees for a Party's use of in-house counsel. IN WITNESS WIdEREOF, the Parties have caused this Agreement to be executed as of its Effective Date. CITY OF REDLANDS � s Eddie Tejeda, a or ATTEST Je i rrl� Donaldson, City Clerk LARRY JACINTO CONSTRUCTION, INC. rry Jacinto, ' -esident 4 I:`cmo`Agreements Larry Jacinto Construction. Inc. Grant Agreement (Zanja Trail Parking Lot) F123-003I.docx-msv2 EXHIBIT "A" GRANT PROPOSAL [Attached] 5 L1cmo\Agreernents\Larry Jacinto Constriction, Inc. Grant Agreement (Zanja Trail Parking Lot) FY23-0031,docx-msv2 page 2 of 3 Exhibit A Redlands Conservancy Zanja Trail Phase 2, 7th & 9th Streets Only Redlands, CA January 23, 2024 Proposal No.: 12-0602R4P Bid Description Quantity Units Unit Price Bid Total MOBILIZATION 7TH & 9TH ST IMPROVEMENTS REMOVE CONCRETE FLATWORK SAWCUT & REMOVE AC PAVEMENT REMOVE EXISTING CURB & GUTTER REMOVE & SALVAGE EXISTING ROCK CURB & GUTTER RELOCATE K-RAIL REMOVE EXISTING CHAIN LINK FENCING REMOVE EXISTING AC BERM 4" CONCRETE SIDEWALK, 112-0 CURBS AT RAMPS INSTALL TRUNCATED DOMES 1'W, 8" AC ON NATIVE PAVEMENT PATCH 2.5'W X .2'TH AC GRIND AND OVERLAY FULL LANE AC GRIND & OVERLAY, .2'TH VARIABLE H CURB AT DRIVEWAY RETURNS 8" PCC DRIVEWAY SIGN & STRIPE TRAFFIC CONTROL CONDITIONS: This proposal is based on the following bid documents: 1 LS $ 17,900.00 $ 17,900.00 188 SF $ 11.75 $ 2,209.00 3,860 SF 4.10 15,826.00 65 LF 31.00 2,015,00 69 LF 46.35 3,198.15 200 LF 11.20 2,240.00 190 LF 8.50 1,615.00 210 LF 8.46 1,776.60 2,114 SF 20.85 44,076.90 78 LF 83.55 6,516.90 90 SF 76.50 6,885,00 456 SF 48.65 22,184.40 248 SF 15.75 3,906.00 4,845 SF 5.85 28,343.25 31 LF 59.44 1,842.64 389 SF 26.05 10,133.45 1 LS 9,650.00 9,650.00 1 LS 21,350.00 21,350.00 TOTAL 7TH & 9TH STREET IMPROVEMENTS $ 201,668.29 Construction Plans for Zanja Trail and Greenway Park, Phase 2, by CASC Engineering, Sheets C1.0-C1.6 unapproved., No soils report received. LARRY JACINTO CONSTRUCTION, INC, page 3 of 3 Exhibit A (cont.) Redlands Conservancy Zanja Trail Phase 2, 7th & 9th Streets Only Redlands, CA January 23, 2024 Proposal No.: 12-0602R4P CONDITIONS continued: This proposal includes the following number of move ins for each work category. Additional moves shall be extra as indicated: Moves included Cost of additional moves Demo 1 $ 2,800.00 Curbs and Gutters, Crosswalks 1 3,800.00 Sidewalks & Approaches 1 3,800.00 AC Paving, to be paved with parking lot 1 4,200.00 Bid excludes the cost of: permits, engineering and survey, inspections, testing, construction water. Price excludes removal or disposal of any unforeseeable subsurface debris, structures, or otherwise unsuitable materials. Excludes handling of any contaminated or hazardous materials. Bid excludes relocation, removal, or capping of any existing utilities or irrigation. The following Storm Water Pollution Prevention measures are excluded from this proposal and are to be provided by the Owner/General: The SWPP plan and permit, Notice of Intent, SWPP permit termination, SMARTS updating and uploading, QSP site monitoring and reporting, and storm water testing. All perimeter erosion and sedimentation BMP's and all items on the Erosion Control Plan are to be installed and maintained by Owner. Owner to provide and pay for a construction water source with a constant minimum supply of 350 gpm. Price excludes excavation or handling of rock. Rock is defined as material not productively rippable by a Cat D8N dozer or loadable by a paddlewheel scraper. This proposal excludes de -watering, water control, and non -conventional excavation of over -saturated materials . Bid excludes all remedial grading. A soils report was not provided. Bid excludes: Prime coat, seal coat, soil sterilization. Concrete work prices are based on using the following concrete mix design: 3250 PSI. All concrete, except stamped street crossings, to be natural gray color with broom finish. Bid excludes adjustment of utilities after paving, (manholes, water cans, vaults, etc.) This is a unit price bid. Payment to be made on field measured quantities at the above unit prices. Prevailing wages and certified payroll included. Bonds are excluded. Traffic Control plan is Excluded. Street closures will be required to complete the work at the stated prices. If accepted, unit prices to be held firm through March 31, 2024. This proposal expires 30 days from the above date. LARRY JACINTO CONSTRUCTION, INC,