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PW FY 2017-18 to FY 2018-19 Sidewalk Shaving ServicesCity of San Rafael♦ California Ame11dme11t to Agreeme11t for FY 2017-18 to FY 2018-19 Sidewalk Shaving Senrices THIS AMENDMENT to Agreement for Sidewalk Shaving Services is made and entered into this ~day orOJ~b~ 2018, by and between the CITY OF SAN RAFAEL ("City") and PRECISION EMPRJSE, LLC. (hereinafter called "Contractor"). RECITALS WHEREAS, the parties entered into an Agreement for FY 2017-18 Sidewalk Shaving Services, dated March 1, 2018 ("Agreement", Attachment A), under which Contractor assumed the obligation to furnish all materials, equipment, and labor necessary to perform the work for the project entitled "FY 2017-18 Sidewalk Shaving Services"; and WHEREAS, the City has utilized the $50,000 allotted under the FY 2017-18 Sidewalk Shaving Services as a part of the FY 2017-18 Sidewalk Repair Program, and seeks to continue the contract to support sidewalk shaving work in FY 2018-19; and · WHEREAS, the parties have agreed to extend the term of the Agreement through the end of FY 2018-19 (June 30, 2019) and to add an additional $50,000 to the contract sum for that extended term. AMENDMENT TO AGREEMENT NOW THEREFORE, the parties agree as follows: 1. Section 1 (Scope of the Work) of the Agreement is amended to read: The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform sidewalk shaving services for the City on an "on-call" basis during FY 2017-18 and FY 2018-19 on the terms set forth in this Agreement. 2. Section 3 (Bonds) of the Agreement is amended to read in its entirety as follows: The Contractor shall provide and maintain during the term of this Agreement, a Payment Bond issued by a surety admitted in California, to cover the work under this Agreement, in the amount of $100,000.00. 3. Part (b) of Section 4 (Time of Completion) of the Agreement is amended to read: (b) All work, including punchlist items, shall be completed between July 1, 2017 and June 30, 2019, with such reasonable extensions of time as may be requested by Contractor and approved by City. 4. Section 6 (The Contract Sum) of the Agreement is amended to read in its entirety as follows: ,lJ-!-1-39 1 ORIGINAL ITEM 1. 2. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed, at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. BID ITEMS DESCRIPTION ESTIMATED UNIT l/NIT PRICE TOTAL PRICE QUANTITY lnch~foot Sidewalk Shaving Services 3,000 LS @ $28.00 $84,000.00 Contingency NIA LS @ $28.00 $16,000.00 GRAND TOT AL BID S/001000.00 5. Except as amended herein, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect for the term of this Agreement as amended. IN WITNESS WHEREOF, the parties have executed this Amendment as of the day, month and year first hereinabove written. 2 PRECISION EMPRISE, LLC: ~J Printed Officer Name: h.A-RC c US.~S"ErJ O l and, Lindsay Lara, City Clerk Printed Officer Name: Title: APPROVED AS TO FORM: La.~ F'fZFe Robert F. Epstein, CityA \:ney 1 File No.: 16.04.17 Attachment to Amendment to Agreement for FY 2017-18 to FY 2018-19 Sidewalk Shaving Services Attachment A: Original Form of Agreement for FY 2017-18 Sidewalk Shaving Services dated March 1, 2018 3 City of San Rafael♦ California Form of Agreement for Informal Bids FY 2017 -18 Sidewalk Shaving Services This Agreement is made and entered into this _l_ctay of &t;.. c_ If , 2018 by and between the City of San Rafael (hereinafter called City) and Precision Concrete Cutting, LLC. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for Lhe considerations hereinafter named, agree as follows: I. Scope of the Work, The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "FY 2017-18 Sidewalk Shaving Ser.ices," all in accordance with the requirements and provisions of the Proposal Detail attached hereto as Attachment A. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code Section 1771. and San Rafael Municipal Code Section 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Bonds. The Contractor shall provide and maintain during the course of the project, a Labor and Materials Bond issued by a surety admitted in California, to cover the work under this Agreement, in the amount of $50,000.00. 4. Time of Completion. (a) The work to be performed under this Contract shall be performed on an "on-call" basis and shall commence within (30) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within between July 1, 2017 and June 30, 2018, and with such reasonable·extensions of ti me as may be requested by Contractor and approved by City. S. Liquidated Damages. It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable und extremely difficult to ascertain ,md detennine the :ictual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contraclor under the contract. 6. The Contract Sum. The City shall pay lo the Contractor for the performance of the Contract the amounts determined for the Iota! number of each of the units of work in the following schedule completed, at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract; provided that the total compensation under this Contract shall not exceed $50,000 unless a written amendment is executed by the City and the Contractor. BID ITEMS ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE QUANTITY 1. Inch-foot Sidewalk Shaving Services 1,500 LS @ S28.00 _ $42,000.00 2. Contingency NA LS a1 $28.00 -$8,000.00 GRAND TOTAL BID SSD,000.00 7. Progress Payments. (n) On not later than the 6th dny of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under c:ach item of work that have been completed from the st.'.lrt of the job up to and Agreement· 1 Attachment A including the 25th day of the preceding month, and the value of the work so completed detennined in accordance with the schedule of unit prices for such items togelher with such supporting evidence 11s may be required by the City and or Contractor , (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made. pay to the Contractor 95°0 of the amount of lhe estimate as approved by the Public Works Dep.irtmenl. {c) The Contractor may elect lo receive I 00" o of payments due under the contract from time to time, without retention of any portion of the payment by the public agency. by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be fina 1. 8. Acceptance and Final Payment. (a) Upon receipt of written notice Iha! the work is ready for final inspection and acceptance, the City Engineer shall within S days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the Lerms and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material bi!ls, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such pa:i,ment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (I) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the tenns and conditions governing fin.ii payment, except that it shall not constitute a waiver of claims. 9. Insurance. (a). Scope of Cm-erage. During the lem1 of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars (S 1,000,000) per occurrence two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, nan-owned. and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractor shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one mi!lion dollars (Sl,000,000) per accident for bodily injury or disease. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers. agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under Cantractor·s insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for Agreement • 2 any contribution. The "primary and nonc□ntribut□ry'' coverage in Contractor's policies shall be at least as broad as ISO form CG20 Ol 04 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execulion of !his Contract, Contractor hereby grants to City a waiver of any right to subrogation which any insurer of Contractor may acquire against City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Farm, then, following termination of this Agreement, said insuram;e coverage shall s111vive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insuram:e. Any umbrella or excess insurance sball contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or se!f-insurnnce shall be called upon to protect it as a named insured. B. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage n:guirements and/□r limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (l) the minimum coverage and limits speci tied in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c) Deductibles and SIR's. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any sel r-insured retention (SIR) provision shall provide or be endorsed to provide that lhe SIR may be satislied by either lhe named insured or City or other additional insured party. Al City's option, the deductibles or self-insured retentions with respect lo City shall be reduced or eliminated to City's satisfac1ion, or Contractor shall procure a bond guaranteeing payment of losses and related investigations. claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: ( 1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a fu!! certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as ta form and sufficiency by City. 10. Indemnification. (a) Contractor shall, lo the fullest extent permitted by law. indemnify, rdease, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City lndemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLArMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City lndemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City lndemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City lndcmnitees' share of liability for the active negligence □r willful misconduct In addition, the acceptance Agreement • 3 or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not relieve or reduce the Contractor's indemnification obligations. In the event the City lndemnitees arc made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City lndemnitees their casts of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shal I survive the termination or completion of this Agreement for the full period of time allowed by law. 11. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12, Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of ils duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in acrnrdance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any ·and al! damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the temis and conditions of this Agreement, to the other party. 14. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United Stares Postal Service, posrnge prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or 1fmailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue PO. Box 151560 San Rafar:l, CA 94915-15 60 To Contractor: Precision Concrete Cutting, LLC. PO Box 25265 San Mateo, CA 94401 15. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and CHy expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 16. Entire Agrcemcnli Amendmmts, (a) The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating 10 the subject matter of !his Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. Agreement • 4 (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. (el If any conflicts arise between the terms and conditions of this Agreement, and the ten11s and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall contra I. 17. Waivers. The waiver by either party of any breach or '\.~O lation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 18. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all slate and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Intern.ii Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 19. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely rree of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year wammty period without expense or charge of any narure whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair. or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. ( c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: Agreement· 5 ATTEST: ~~~ Li11dsm• Lara Jnteri~ City Clerk APPROVED AS TO FORM: City Attorney File No.: I 6. 04. I 7 Precision Concrete Cutting, LLC. By: Printed Officer Name: hl<f!..c_ cus,; Er.JO! Title· f1A-t.1Pr6-t rJ G H.(M &f:R. ( CED . and By: Printed Officer Name: Title: Agreement • 6 Step 2 4 6 7 8 9 10 11 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARThlENT PROJECT MANAGER Contracling Department: _D_P_W _________________ _ Project Manager: TS Extension: 3354 -------------------------Project Nwne: Sidewalk Shavin" Services Contractor's Cont11ct: J_os~ph_ o_rt_~B~ Contact's Email: jortega@do_::tgrind.com RESPONSIBLE DEPARTMENT DESCR1PTION COMPLETED DA TE REVIEWER (Initials) a. Email PINS lntroduc1o_ry Notice to Contractor b. Email Contract (in Word} & attachments to City Attorney clo Project Manager Laraine.Gittens@cil2'ofsanrafoel.orJ;1_ City A ttomey Department Director a. Review, revise and comment on draft agreement and return to Project Manager b. Confirm insurance requirements, create Job on PINS, send PINS insurance notice to contractor. Approval of final agreement form to send to contractor. (Prol'ide Depr. Director Financial SummmJ' wl Agreement) Forward three (3) originals of final agreement lo contractor for their Pn>j_ect Manaier signature. Pro1ect Manager PRINT When necessary, contractor-signed agreement agendized for Council approval Cily Conned approval required for l'rufcssional Services Agri:cmcms and purchase.< of goods and .<en·iccs that exceed S75,000 and for Public Work.< Comrac/s 11,a1 e.ccced S175,000 (F:!11crtla1c o/Cow,cil Meeliug) CONTINUE ROUTING PROCESS WITH HARD COPY Forward signed original agreement to City Attorney with printed copy of Prolect Man~er .. this routi~ ronn __ C_ity~A_t_to_m_e~y--+-R_e_v_ie_w_a_n_d approve hard copy of si~ed agreement Review and approve insurance in PINS, and bonds (for public works City Attorney contract~ City Manaier/Mayor _ !',£reement executed~ Council authorized official Attest signatures. retains original agreement and forwards copies to project City Clerk _ ~]§;er Project Manager Forward Final Copy to Contractor 9/1 W018 9/18/:!0l 8 9/20/2018 9/30/:!0l 8 NIA 11/19/J0lS v_j'W) J!}'fl__[l;i': II/ 2J./fk --1t[t~{Ll TS LG BG TS