HomeMy WebLinkAboutPW Sidewalk Shaving Services FY2017-18; First AmendmentCity of San Rafael ♦ California
Amendment to Agreement for
FY 2017-18 to FY 2018-19 Sidewalk Shaving Services
THIS AMENDMENT to Agreement for Sidewalk Shaving Services is made and entered into this
day of D�u„f 2018, by and between the CITY OF SAN RAFAEL ("City") and PRECISION
EMPRISE, 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:
-�-I -719 N
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
ITEM DESCRIPTION ESTIMATED UNIT UNIT PRICE TOTAL PRICE
QUANTITY
1. Inch -foot Sidewalk Shaving Services 31000 LS a $28.00 = $84,000.00
2. Contingency N A LS a $28.00 = $16,000.00
GRAND TOTAL BID $100,000.00
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
CITY OF SAN RAFAEL:
AA,%. S
Jim Schutz Cit Manager
ATTEST:
Lindsay Lara, City Clerk
APPROVED AS TO FORM:
- L a ";2, 4. F
Robert F. Epstein, City Attfbmey
File No.: 16.04.17
PRECISION EMPRISE,, LLC:
'
Printed Officer Name: h AKC Cj S55 J (D i
Title:
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and,
Printed Officer Name:
Title:
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
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 _day of b&gC H , 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 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 "FY 2017-18 Sidewalk Shaving Services ," 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 tinder 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 time as may be requested by Contractor and approved by City.
5. 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.
6. 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 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 a. 528.00 $42,000.00
2. Contingency N A LS a) S28.00 — $8,000.00
GRAND TOTAL BID $50,000.00
7. 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
Agreement • 1
Attachment A
including the 25th day of the preceding month, and the value of the work so completed determined in accordance
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 95°u of the amount of the estimate as approved by the Public Works Department.
(c) The Contractor may elect to receive 100°0 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 final.
8. Acceptance and Final Payment.
(a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall
within 5 days make such inspection, and when he finds the work acceptable tinder 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 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 terms and conditions governing final payment, except that it shall not constitute a
waiver of claims.
9. 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 (51,000,000)
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 (51,000,000) 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 to Contractor's policies shall be at least as
broad as ISO form CO20 01 04 13.
3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and
personal injury.
4. By execution of this 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 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.
10. 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
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 Indemnitees are 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 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.
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 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.
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 terms 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 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: 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 to 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.
16. 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.
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.
(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.
17. 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.
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 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).
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 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.
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 Sch its
City Nia ger
Agreement • 5
ATTEST:
Lindsav Lara
Interim City Clerk
APPROVED AS TO FORM:
Robert F. 'pstem
City Attorney
File No.: 16.04.17
Precision Concrete Cutting, LLC.
By:
)--
Printed Officer Name: W(- CUSS
Title: typift(rt>vV nEt•-tu-r, CED
and
By:
Printed Officer Name:
Title:
Agreement • 6
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: TS
Extension: 3354
Project Name: Sidewalk Shaving Services
Contractor's Contact: Joseph Ortega
Contact's Email: iorbgt; idontarind.com
City Council approval required for Professional Services Agreements and
purchases ofgoods and services that exceed 575,000 and for Puhlic Works
COMPLETED DATE REVIEWER
9/11/2018 TS
9/18/3018 LG
9/20/3018 BG
9/30/2018
5 -I Project Manager l Contracts that exceed S175,000 (Enter date of Council Meeting) I N/A
RESPONSIBLE
tep
DEPARTMENT
DESCRIPTION
6
Project Manager
a. Email PINS Introductory Notice to Contractor
b. Email Contract (in Word) & attachments to City Attorney c/o
1
Project Manager
cityofsanrafael.org
Laraine.Gittens@cityofsanrafael.org
City Attorney
Review and approve hard copy of signed agreement
a. Review, revise and comment on draft agreement and return to Project
Manager
8
b. Confirm insurance requirements, create Job on PINS, send PINS
2
City Attorney
insurance notice to contractor.
City
Department
Approval of final agreement form to send to contractor. (Provide Dept.
3
Director
Director Financial Suaaan, uV Agreennent)
Forward three (3) originals of final agreement to contractor for their
4
Project Manager
signature.
City Clerk
manager
When necessary, contractor -signed agreement agendized for Council
City Council approval required for Professional Services Agreements and
purchases ofgoods and services that exceed 575,000 and for Puhlic Works
COMPLETED DATE REVIEWER
9/11/2018 TS
9/18/3018 LG
9/20/3018 BG
9/30/2018
5 -I Project Manager l Contracts that exceed S175,000 (Enter date of Council Meeting) I N/A
PRINT CONTINUE ROUTING PROCESS WITH HARD COPY
Forward signed original agreement to City Attorney with printed copy of
6
Project Manager
this routing form
11/19/2018
�2
7
City Attorney
Review and approve hard copy of signed agreement
Review and approve insurance in PINS, and bonds (for public works_f-
8
City Attorney
contracts)
City
J l
�1 Ae
9
Manager/Mayor
Agreement executed by Council authorized official
Attest signatures, retains original agreement and forwards copies to project
o
10
City Clerk
manager
1 Z a
11 1 Project Manager IForvard Final Copy to Contractor
TS
TS
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