HomeMy WebLinkAboutPW Economic Development Moving Services; Essential FacilitiesCity of San Rafael ♦ California
Form of Agreement for Informal Bids
Ahmed's Moving Express, Inc.
This Agreement is made and entered into this 2,4olday of -*'� . 2017 by and between the City of San Rafael
(hereinafter called City) and Ahmed's Moving Express, Inc.. (hereinafter called Contractor). Witnesseth, that the City and the
Contractor, for the considerations hereinafter named, agree as follows:
1. 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 "Moving Services for Economic Development and Parking Services Offices" all in accordance with
Contractor's bids dated April 13, 2017 and February 14, 2017, attached hereto as Exhibits 1 and 2 respectively, and
incorporated herein by reference.
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. Time of Completion.
(a) The work to be 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, after lead time as set forth in Contractor's bid
attached hereto.
(b) All work, including punchlist items, shall be completed within 10 WORKING DAYS. and with such reasonable
extensions of time as may be requested by Contractor and approved by City.
4. 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 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 the contract.
5. The Contract Sum.
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 for work in the following scheduled completed at the unit price stated. The number of units contained in this
schedule is approximately 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
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
Ahmed's Moving Express, Inc. Ex 1 not
1. to exceed $3,850.00and EX 2 - not to exceed I LS a
$1,735.00 $5,585.00 $5.585.00
GRAND TOTAL BID $5.585.00
6. Progress Payments.
(a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate
covering the total quantities under each item of work that have been 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 determined in accordance
�' _ -7(:)5 Agreement • 1
with the schedule of unit prices for such items together with such supporting evidence as 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 950.0' 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 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 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.
Acceptance and Final Payment.
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the Engineer shall within 5
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 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 Engineer 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 terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
8. Insurance.
(a). Scope of Coverage. During the term 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 ($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, 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 million
dollars ($1,000,000) 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 Contractor'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 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,
terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days
written notice to 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 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 Contractor's insurance policies must be declared
to and approved by the City, 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 City
or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be
reduced or eliminated to City's satisfaction, 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
full 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 to form and sufficiency by City.
9. Indemnification.
(a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City,
and hold harmless 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
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
Agreement • 3
this Agreement, Contractor shall provide a defense to the City Indemnitees or at 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.
10. 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.
11. 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 its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in
accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless
City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any
noncompliance or violation of any laws, ordinances, codes or regulations.
12. 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 terms and conditions of this Agreement, to the other party.
13. 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: Public Works Director
City of San Rafael
1400 Fifth Avenue
P.O. Box 151560
San Rafael, CA 94915-1560
To Contractor: Sherry Julin
Ahmed's Moving Express, Inc.
4322 Redwood Highway #200
San Rafael, CA 94903
14. 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 City 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.
15. 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.
(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.
Agreement • 4
(e) If any conflicts arise between the terms 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.
16. 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 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.
17. 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 state 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 Internal Revenue
Service Form W-9 (Request for Taxpayer Identification Number and Certification).
18. 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 free 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 warranty period without expense or charge of any nature
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.
Agreement • 5
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:
Jim schutr
City Mana er
ATTEST:
G . 4&,-c.e -mac ,
Esther C. Beirne
City Clerk
APPROVED AS TO FORM:
Robert F. Epstein
City Attorney
File No.: 16.16.15
Ahmed's Moving Express, Inc.
By:
Printed Name: /
Title:�VUl-GLV
Agreement • 6
Not To Exceed Estimate Prepared For: Andrea Gilles City of SR Economic Dev Dept
Agent Ahmed's Moving Express, Inc.
4322 Redwood Highway #200
San Rafael, CA 94903
Phone: 415-492-2122 Fax: 415.492-1390
CALT-PUC-0189499
Origin Information
Destination Information
Shipper: Andrea Gilles City of SR Economic
Shipper: Andrea Gilles City of SR Economic
Dev Dept
Dev Dept
Address: 1313 5th Ave
Address: 1408 Mission Ave ???
Address 2:
Address 2: Boyd Gate House
City, ST, Zip: San Rafael, CA 94901
City, ST, Zip: San Rafael, CA 94901
Phone (H): (415) 485-3383
Phone (H):
Phone (W):
Phone (W):
Email: andrea.gilles@cityofsenrafael.org
Tariff: Local
I Effective Date: 04/1312017
Local Moving Charges
6 Movers(s), 1 Van(s), 7.25
Hours(s). Hourly Rale: $330.00
Travel Time: 0.25 hour(s). Hourly Rate: $330.00 per hour
Estimate/Order For Service
Service Information
Salesperson:
Order Number:
Pack Dates: 05/15/2017 to 05/30/2017
Load Dates: 05/15/2017 to 05/30/2017
Deliver Dates: 05/15/2017 to 05/30/2017
Estimated Weight: 17,098
Local Movino Charaes $2,475.00
Additional Charges
Supply 80 Auto Bottoms and delivery for PBO $300.00
Basement move 50-60% of contents $950.00
Second Truck for main offices move $125.00
Total Miscellaneous: $1,375.00
Valuation: $0.60 per pound
Total Valuation: $0.00
Local Additional Charaes $1,375.00
Total Estimated Not To Exceed Charges: $3,850.00
Signature of a esperson
04/13/2017
Date Signature of Consumer
Valuation Options Listed below are the Valuation Options that are offered and the total price for the
move with each option.
Type o (Charge Total
Currently Applied 10.60/lb 1$0.00 1$3,850.00
PAGE 1 OF 1
Date
Not To Exceed Estimate Prepared For: City of San Rafael Parking
Agent Ahmed's Moving Express, Inc.
4322 Redwood Highway #200
San Rafael, CA 94903
Phone: 415.492-2122 Fax: 415-492-1390
PUC:
Origin Information Destination Information
Shipper: City of San Rafael Parking Shipper: City of San Rafael Parking
Address: 1060 D St Address: 1030 C St
Address 2: Address 2:
City, ST, Zip: San Rafael, CA 94901 City, ST, Zip: San Rafael, CA 94901
Phone (W): (415) 486-3073 Phone (H):
Phone (W): (415) 458 5335 Phone (W):
Email: lim.myhers@cityofsonrafael.org
Tariff: Local I Effective Date: 0 211 412 01 7
Local Moving Charges
4 Movers(s), 1 Van(s), 6.75 Hours(s). Hourly Rale: $230.00
Travel Time: 0.25 hour(s). Hourly Rate: $230.00 per hour
Local Packing Charges 1 packer, 1 van, 0.00 hours, $50.00 per hour
Travel Time: 0.00 hour(s) Hourly Rale: $50.00 per hour
Article Qtv Cost Ea. Cost
Wardrobe 4 $0.00 $0.00
Sub Total: $0.00
Additional Charges
Second Truck $125.00
Two weeks notice is requested $0.00
Signature of Salesperson
Valuation: $0.60 per pound per article
Estimate/Order For Service
e,y -
2 ----
Service Information
Salesperson:
Order Number:
Pack Dates: 03/30/2017 to 03/30/2017
Load Dates: 03/30/2017 to 03/30/2017
Deliver Dates: 03/30/2017 to 03130/2017
Estimated Weight: 9,660
Loral Movino Charoes $1,610.00
Packino Total: $0.00
Total Miscellaneous: $125.00
Total Valuation: $0.00
Local Additional Charoes $125.00
Total Estimated Not To Exceed Charges: $1,735.00
02/14/2017
Data Signature of Consumer
Valuation Options Listed below are the Valuation Options that are offered and the total price for the
move with each option.
Type (Charge Total
ICurrenlly Applied 1$0.60 per pound per article 1$0.00 1$1,735.00
PAGE 1 OF 1
Dale
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: Department of Public Works
Project Manager: Cindy Ray
Extension: x5326
Project Name: Mover for Parking Services and Economic Development
Contractor Name: Ahmed's Moving Express, Inc.
Contractor's Contact: Sherry Julin
Contact's Email: moveme(a.ahmedsmovin2.com
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
5/12/2017
® CR
b. Email contract (in Word) & attachments to City
5/12/2017
Atty c/o Laraine.Gittens@cityofsanrafael.org
2
City Attorney
a. Review, revise, and comment on draft agreement
5/15/2017
X LAG
and return to Project Manager
b. Confirm insurance requirements, create Job on
5/15/2017
X LAG
PINS, send PINS insurance notice to contractor
3
Project Manager
Forward three (3) originals of final agreement to
5/15/2017
CR
contractor for their signature
4
Project Manager
When necessary, * contractor -sinned agreement
X N/A
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
❑ CR
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 05/15/17 CR
Attorney with printed copy of this routing form
6 City Attorney Review and approve hard copy of signed �M011-7 �l
agreement
7 City Attorney Review and approve insurance in INS , a d bonds h 1/y
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council a thoriz official
9 City Clerk Attest signatures, retains original agreement and
forwards copies to Project Manager