HomeMy WebLinkAboutPW Roof Repair - 519 4th St.City of San Rafael ♦ California
Agreement
For
UPPER AND LOWER ROOF REPAIRS AT 519 4TH STREET
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This Agreement is made and entered into this .2 )"?day of �� 2014, by and between
the City of San Rafael (hereinafter called City) and De Mello Roofing, Inc. (hereinafter called
Contractor).
The City and the Contractor, for the consideration hereinafter stated, agree as follows:
I. Scope of the Work
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work as required for the Upper and Lower Roof Repairs, per
the scope of work contained in the Contractor's proposal attached hereto as Exhibit A.
II. Coordination.
The City's Project Director, responsible for the supervision of all aspects of the progress and
execution of this Agreement for City is Rafael Omar Garcia. The Contractor's Project Manager,
responsible for the progress and execution of this Agreement for the Contractor is Joseph Villa.
The parties will notify each other in writing at least ten (10) days in advance of any change in the
individuals assigned to these positions.
III. Insurance
(a) Scope of Coverage. During the term of this Agreement, the Contractor shall maintain, at no
expense to the City, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of one million
dollars ($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, non -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, the Contractor shall maintain worker's compensation and
employer's liability insurance, as required by the State Labor Code and other applicable laws and
regulations, and as necessary to protect both the Contractor and the City against all liability for
injuries to the Contractor's officers and employees. The Contractor's worker's compensation
insurance shall be specifically endorsed to waive any right of subrogation against the 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:
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1. The insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additionally named insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under Contractor's insurance policies shall be primary
with respect to any insurance or coverage maintained by City and shall not call upon City's insurance
or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in
Contractor's policies shall be at least as broad as ISO form CG20 0104 13.
3. The insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. The insurance policies shall be specifically endorsed to provide that the insurance carrier
shall not cancel, tenninate or otherwise modify the tenns and conditions of said insurance policies
except upon ten (10) days written notice to the City.
5. If the insurance is written on a Claims Made Form, then, following termination of this
Agreement, said insurance coverage shall survive 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 insurance. Any umbrella or excess insurance shall 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 self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance proceeds broader
than or in excess of the specified minimum insurance coverage requirements and/or limits shall be
available to the City or any other additional insured party. Furthermore, the requirements for
coverage and limits shall be: (1) the minimum coverage and limits specified 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 the Contractor's
insurance policies must be declared to and approved by the Project Manager and the City's City
Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention
(SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the
named insured or the City or other additional insured party. At City's option, the deductibles or self-
insured retentions with respect to the City shall be reduced or eliminated to the City's satisfaction, or
the Contractor shall procure a bond guaranteeing payment of losses and related investigations,
claims administration, attorney's fees and defense expenses.
(d) Proof of Insurance. The Contractor shall provide to the Project Manager or City's City
Attorney 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
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specific endorsements evidencing the other insurance requirements set forth in this Agreement. The
City reserves the right to obtain a full certified copy of any insurance policy and endorsements from
the Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it
later. The insurance shall be approved as to form and sufficiency by Project Manager and the City's
City Attorney.
IV. Time of Completion
(a) The acquisition of materials performed under this Contract shall be commenced within
Five (5) Working Days after the date of written notice by the City to the Contractor to
proceed.
(b) All work shall be completed within Sixty (60) Working Days, and with such reasonable
extensions of time as may be requested by the Contractor and approved by the City.
V. 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 this Agreement, damage will be sustained by the City, and
that it is and will be impracticable and extremely difficult to ascertain and determine the actual
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
Contractor under this Agreement.
VI. Compensation
The City shall pay to the Contractor for the full performance of the work under this Agreement
the fixed amount of $2,775.00 as specified in Exhibit A attached to this Agreement.
VII. Payments
(a) On not later than the 6th day of every month the Public Works Department shall prepare
and submit an estimate covering the work completed from the start of the job up to and
including the 25th day of the preceding month, and the value of the work so completed
together with such supporting evidence as may be required by the City and/or the
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% of the amount of the estimate as
approved by the Public Works Department.
(c) The Contractor may elect to receive 100% of payments due under this Agreement from
time to time, without retention of any portion of the payment by the City, by depositing
securities of equivalent value with the City in accordance with the provisions of Section
4590 of the Government 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 final.
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VIII. Acceptance and Final Payment
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance,
the City shall within 5 days make such inspection, and when it finds the work acceptable
under the Agreement and the Agreement fully performed, the City will promptly issue a
Notice of Completion, stating that the work required by this Agreement has been completed
and is accepted by the City under the terms 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 bills, 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 payment 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: (1) 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 terns and conditions governing final payment, except that it shall
not constitute a waiver of claims.
IX. Compliance with Caltrans Standards and Specs and All Applicable Laws
All work shall be perfonned in compliance with the Caltrans Standard Plans and Specifications
2010, the California Building Code, the California Electrical Code and all other applicable federal,
state and local laws, codes and regulations.
X. Indemnification
(a) The Contractor shall, to the fullest extent permitted by law, indemnify, release, defend
with counsel approved by the City, and hold harmless the City, its officers, agents,
employees and volunteers (collectively, the "City Indemnitees"), 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
"CLAIMS"), arising out of the 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 Indemnitees. However, to the extent that liability is caused by the active
negligence or willful misconduct of the City Indemnitees, the Contractor's
indemnification obligation shall be reduced in proportion to the City Indemnitees' share of
liability for the active negligence or willful misconduct. In addition, the acceptance 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 Indemnitees are made a party to any action, lawsuit, or
other adversarial proceeding arising from Contractor's performance of or operations under
this Agreement, The Contractor shall provide a defense to the City Indemnitees or at
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City's option reimburse the City Indemnitees their costs 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 shall survive the termination or completion of this Agreement for the full
period of time allowed by law.
XI. Nondiscrimination.
The 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.
XII. No Third Party Beneficiaries
The City and the 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 terms and conditions of this Agreement, to the
other party.
XIII. 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 States Postal Service, postage prepaid, addressed to the parties intended to
be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the
date of deposit with the United States Postal Service. Notice shall be given as follows:
To City: To Contractor:
Public Works Director De Mello Roofing, Inc.
City of San Rafael 45 Jordan Street
1400 Fifth Avenue San Rafael, CA 94901
P.O. Box 151560
San Rafael, CA 94915-1560
XIV. Independent Contractor
For the purposes, and for the duration, of this Agreement, the Contractor, its officers, agents and
employees shall act in the capacity of an independent contractor, and not as employees of the City.
The Contractor and the City expressly intend and agree that the status of the Contractor, its
officers, agents and employees be that of an independent contractor and not that of an employee of the
City.
XV. Entire Agreement; Amendments
(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 to the subject matter of this
Agreement, shall be valid or binding, except by way of a written amendment to this
Agreement.
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(d) The terns 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.
(e) If any conflicts arise between the terns and conditions of this Agreement, and the terms and
conditions of the attached exhibits or the documents expressly incorporated by reference, the
terms and conditions of this Agreement shall control.
XVI. Waivers
The waiver by either party of any breach or violation 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
tern, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of
the same or other tern, 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 tern, condition, covenant of this Agreement or any applicable law, ordnance or
regulation.
XVII. City Business License; Other Taxes
The Contractor shall obtain and maintain during the duration of tlus Agreement, a City business
license as required by the San Rafael Municipal Code. The Contractor shall pay any and all state and
federal taxes and any other applicable taxes. The City shall not be required to pay for any work
performed under this Agreement, until the Contractor has provided the City with a completed
Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification).
XVIII. Prevailing Wages
The Contractor shall pay prevailing wages to all of its employees performing work under this
Agreement in accordance with the California Labor Code Section 1771 and San Rafael Municipal
Code Section 11.50.180(C).
XIX. Warranties
(a) Except as otherwise expressly provided in this Agreement, and excepting only items of
routine maintenance, ordinary wear and tear and unusual abuse or neglect by the City, the
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 this Agreement, to be absolutely free of all defects of workmanship
and materials for a period of one year after final acceptance of the entire work by the City.
The 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 warranty period without expense or charge of
any nature whatsoever to the City.
(b) In the event that the Contractor shall fail to comply with the conditions of the foregoing
warranty within ten (10) days after being notified of the defect in writing, the City shall have
the right, but shall not be obligated, to repair, or obtain the repair of, the defect and the
Contractor shall pay to the 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, the City
shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor
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shall pay to the 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
the City.
(c) In addition to the above, the Contractor shall snake a written assignment of any applicable
manufacturers' and other product warranties to the City, prior to completion and final
acceptance of the work by the City.
IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to
execute this Agreement the day and year first hereinabove written.
CITY OF SAN RAFAEL:
By:
.fir IX(R X JimSchu City Manager
Hti1�4 K71f h'e'r
Attest:
Esther C. Beirne, City Clerk
Approved as to Form:
Robert F. Epstein, City Attorney
CONTRACTOR:
DeMello Roofing, Inc.
By. �w
Printed Name _ Vf &- t,4
Title: �.f
m���NT
Page 7
ALL WORK GUARANTEED 3 YEARS
WITH THE EXCEPTION OF MEMBRANES & ROOF REPAIRS
FREE ESTIMATES
DeMELLO ROOFING, INC.
45 JORDAN STREET o SAN RAFAEL, CA 94901
(415) 456-0741 n FAX (415) 456-1273
NAME
CITY OF SAN RAFAEL c/o KITCHELL CO.
;99:
E:NSOMMER@KITCHELL.COM
JOB ADDRESS
519 4TH ST. SAN RAFAEL, CA
PROPOSAL AND CONTRACT
LICENSE NO 290726 C-39
WE PROPOSE TO FURNISH MATERIAL AND LABOR TO DO AND COMPLETE THE FOLLOWING:
- SEAL PERIMETER EDGE METAL WITH HOT ASPHALT, $1,340.00
• LOWER ROOF
- SEAL HEADER BREAK ON REAR WALL, $ 110.00
- PULL AND REPLACE TWO VENTS ON LOWER ROOF. $ 380.00
- RE -COAT DRY -FLAX ON UPPER DRAINS WITH HOT ASPHALT $ 110.00
- COVER OPENING ON EMPTY ROOF JACK. $ 35.00
- RE -SEAL AROUND TWO SUMP DRAINS ON LOWER ROOF. $ 520.00
DATE
AUG. 26, 2016
PHONE
PHONE
• UPPER ROOF
- GLAZE OVER SOFT SPOT ON UPPER ROOF AT WALL.
- SEAL FISHMOUTH IN CAP SHEET LAP JOINT.t,l
RE -SEAL BOTH SIDES OF WALL AT 4" CONDUIT. $ 280.00
- CLEAN UP AND HAUL ROOFING DEBRIS AWAY.
1. TERMS OF PAYMENT SHALL BE NET CASH DUE IMMEDIATELY ON COMPLETION. Delinquent accounts over 15 days will be charged a
service charge of 1'/:% per month. In the event it becomes necessary to institute suit or employ an attorney to collect the payment due under this
agreement or any modification thereunder, acceptor shall be liable to DeMello Roofing, Inc. for court costs and attorney's fees in a reasonable amount.
2. The work to be performed hereunder shall be substantially commenced within approximately working days from the date of delivery to contractor
of this proposal and contract signed by purchaser, and shall be substantially completed within business days after commencement. Substantial
commencement as hereinabove referred to means the delivery of materials to the job site or at least one man-hour of labor after the issuance of all
necessary permits. Failure by Contractor to substantially commence said work without lawful excuse within 20 business days from the stated approximate
commencement date is a violation of the Contractor's License Law. Contractor shall not be liable for any delays in starting or completing work by factors
beyond its control such as, but not limited to unavailability of material or workforce, inclement weather, rain or the threat thereof, and acts of God.
3. Any altercation from this agreement involving extra costs, material or labor will be executed only on written orders for the same and will become an extra
charge over the sum mentioned herein.
4. Customer is responsible for replacement of any dry rotted or defective sheathing, fascia boards or damage caused by termites.
5 Contractor is not responsible for correcting existing roof surfaces to eliminate ponding or collection of water unless such work is included in the proposal
No guarantee from the contractor that all ponding will be eliminated from surfaces.
6 Contractor shall not be held responsible for damage to ceiling during the course of roofing, including cracks in seams or popped nails in sheetrock
ceilings.
7. Any fees, costs or expenses assessed or required by a local public entity to be charged to customer over and above the contract price.
Permit fees are not included in contract.
8. Any T.V. antennas, lead-in wires, pipes, air conditioners or other material on top of the roof shall be removed, protected and reinstalled by the
customer in order to accommodate the progress of work.
9. Under section 1210 of the Uniform Building Code, DeMello Roofing, Inc. will not be responsible for installing or providing smoke detectors
10 Purchaser agrees to remove or protect all personal property inside and out (including but not limited to, carports, rugs, drapes, furniture, shrubs, plants
and other personal property) and Contractor shall not be held responsible for damages to or loss of such items. Purchaser agrees that he has been
advised of the possibility of significant amounts of dust being created during the performance of Contractor's obligations and expressly agrees that
Contractor shall not be liable for any damages or soiling of personal property which occurs because of presence of such dust Removal of dust and minor
debris accumulating in attic spaces and garage areas is the responsibility of the homeowner
11 No allowance in contract for removal of asbestos.
12 Owner assumes risk of loss for damages incurred from inclement weather while job is in progress
NOTICE TO OWNER EXPLAINING MECHANICS LIEN LAW IS ON THE REVERSE SIDE OF THIS CONTRACT. (SIGN BOTH SIDES OF THIS CONTRACT)
Contractors are required by law to be licensed and regulated by the Contractors State License Board. Any questions concerning the responsibility of a
contractor may be referred to the Registrar of the Board whose address is: Contractor State License Board, 1020 N Street, Sacramento, CA 95814.
ESTIMATE SUBJECT TO PRICE INCREASE IF NOT ACCEPTED WITHIN 15 DAYS OF ABOVE DATE
BY JOSEPH VILLA
DEMELLO ROOFING, INC. PU CHASER" DATE
PLEASE
RETURN SIGNED ORIGINAL CONTRACT TO DEMELLO ROOFING, INC., RETAIN A COPY FOR YOUR`E RDS
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 DEPARTMENT PROJECT MANAGER:
Contracting Department: DPW
Project Manager: Bill Guerin
Extension: 3110
Contractor Name: De Mello Roofing
Contractor's Contact: Joseph Villa
Contact's Email: demelloroofing@sbcglobal.net
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1 Project Manager
a. Email PINS Introductory Notice to Contractor
9/23/2016
10/6/2016
b. Email contract (in Word) & attachments to City
RL
Atty c/o Laraine.Gittens@cityofsanrafael.org
2 City Attorney
a. Review, revise, and comment on draft agreement
Click here to
and return to Project Manager
enter a date.
❑
b. Confirm insurance requirements, create Job on
Click here to
PINS, send PINS insurance notice to contractor
enter a date.
❑
3 Project Manager
Forward three (3) originals of final agreement to
Click here to
❑
contractor for their signature
enter a date.
4 Project Manager
When necessary, * contractor-siened agreement
® N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑
Public Works Contract > $125,000
Date of Council approval
Click here to
enter a date.
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5 Project Manager
Forward signed original agreements to City
10/6/16
RL
Attorney with printed copy of this routing form
6 City Attorney
Review and approve hard copy of signed
7 City Attorney
agreement
Review and approve insurance in PINS, andAbn
Public Works Contracts)��,,,yQ�
21 �����(for
8 City Manager/ Mayor
Agreement executed by Council authorized official
9 City Clerk
Attest signatures, retains original agreement and
forwards copies to Project Manager
7
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14-16-