Roquet Paving Inc-2006-23 AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND ROQUET PAVING INC.,
(CONTRACTOR) FOR THE PROVISION OF ROAD
MAINTENANCE SERVICES ON MT.VERNON AVENUE.
THIS AGREEMENT IS ENTERED INTO THIS 14 DAY OF SEPTEMBER 2006 BY AND
BETWEEN THE CITY OF GRAND TERRACE ("CITY") AND CONTRACTOR FOR ROAD
MAINTENANCE SERVICES ON MT. VERNON AVENUE.
RECITALS
WHEREAS, CONTRACTOR is a licensed contractor who is qualified and a licensed in the
State of California.
WHEREAS, CITY desiresAo utilize the-services of CONTRACTOR to road maintenance
services.
NOW,THEREFORE,THE PARTIES AGREE AS FOLLOWS:
SECTION 1. SERVICES OR SCOPE OF WORK
Contractor shall perform a variety of services for the,ROAD MAINTENANCE SERVICES ON MT.
VERNON AVENUE as follows:
A. For and in consideration of the payments and agreements hereinafter mentioned to be made and
performed by said City, said Contractor agrees with said City to perform and complete in a
workmanlike manner all work required under the City's Specifications, to furnish at his own
expense all labor, materials, equipment, tools and services necessary therefore, except those
materials, equipment, tools and services as may,be stipulated in said specification to be furnished
by said City and to do everything required by this Agreement and the said Specifications.
B. In entering into a Maintenance Contract for a subcontract to supply goods, services or materials
pursuant to a Maintenance Contract, the Contractor or subcontractor offers and agrees to assign to
the City all rights, title, and interest in and to all causes of action it may have under Section 4 of
the Clayton Act (15 U.S.C. Sec. 15,) or under the Cartwright Act (Chapter 2 commencing with
Section 16700) of Part 2 of Division 7 of the Business and Professions Code, arising from
purchases of goods, services, or materials pursuant to the Maintenance Contract or the subcontract.
This assignment shall be made and become effective at the time the City tenders final payment to
the Contractor without further acknowledgment by the parties.
C. Bid Performance
Said Bond or Check, as described in the Bid Package, shall be given as a guarantee that
CONTRACTOR, if awarded the Contract, will enter into said Contract with the CITY OF
GRAND TERRACE within ten (10) calendar days after receipt of an Award of Contract Notice
from the CITY, and that the CONTRACTOR will furnish the necessary Insurance Certificates, a
Faithful Performance Bond, and a Labor and Materials Bond.
City of Grand Terrace-ROAD MAINTENANCE SERVICES ON MT. VERNON.AVENUE 1
In the case of refusal or failure upon the part of the CONTRACTOR to enter into,said Contract,
the Check or Bid Bond, as the case may be, which accompanied the Bid shall be forfeited to the
CITY.
D. DEFINITION OF PROPOSED ITEMS OF WORK
The unit prices to be paid for the items listed on the proposal form EXHIBIT B, shall
include.full compensation for furnishing all permits, labor, materials, tools and equipment
necessary to complete all work required to accomplish the following items in accordance
with the Standard Specifications, these Special Conditions and any detail drawings or
plans.
1. ROAD MAINTENANCE_SERVICES ON MT.VERNON AVENUE
Work included under this item shall consist of furnishing all permits, labor,
materials, fees, environmental notices and. equipment to. complete said ROAD
MAINTENANCE SERVICES ON MT. VERNON AVENUE in accordance with
the applicable sections of the Standard Specifications, these Special Conditions and'
the 2001 California Codes.
The Contractor shall remove and dispose of all debris, asphalt, and any subgrade
materials. All debris generated from-the Contractors operation shall become the
property of the Contractor and shall be disposed of at a legally acceptable disposal
site furnished by.the Contractor and hauled on a route approved by all authorized
agencies and the Director of Public Works. Payment for'the.disposal of all debris
shall be considered as included in the various ,contract items of work and no
additional compensation shall be made therefore.
Details:
Mt Vernon between Barton Road and DeBerry section:
- Grind Mt. Vernon between Barton Road and DeBerry street from curb to curb totaling
73,000 sq.ft 21/z inches deep and properly dispose of the grindings.
- Install petromat (4 oz. fabric) over 73,000 sq.ft. with AR 4000 oil.
- Overlay 73,000 sq.ft. with 21/2 inches AC (asphalt type state 3/4 inch)
Mt Vernon between Barton Road to the southern tip of the median at Grand Terrace Road:
- Grind Mt. Vernon between Barton Road,and the southern top of the median at Grand
Terrace Road totaling 179,900 sq.ft 21/z inches deep and properly dispose of the grindings.
- Install petromat(4 oz. fabric) over 179,900 sq.ft. with AR 4000 oil.
Overlay 119,900 sq.ft. with 2%2 inches ACi(asphalt type state 3/4 inch)
Both locations:
City of Grand Terrace-ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 2
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-The Contractor shall be responsible for all traffic management and the obtaining
and placing of any required temporary construction warning signs and traffic
delineators.
-The Contractor shall work between the hours of 7:30 a.m. - 5:3Vp.m., Monday
through Friday.
-Raise 17 manholes on Mt Vernon
-Provide temporary striping
The work shall be done under the supervision of the' Assistant City Manager and no work or
portion of the work shall be paid for until it is approved for payment by the ,Assistant City
Manager, but this shall not prevent'approval of and payment for completed portions,of the work as.
it progresses
SECTION 2. SERVICES PROVIDED
CONTRACTOR shall provide all labor, supervision and equipment required to perform said services.
SECTION 3. COMPENSATION
Contractor shall be paid pursuant to the Schedule and Prices submitted in Exhibit B.
The total ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE is not to exceed
$435,668 without written consent by the CITY.
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SECTION 4. BUSINESS LICENSE
CONTRACTOR shall, within five (5) days of executing this contract, obtain a current City of Grand
Terrace business license, during the term of this contract or any extension thereto,
SECTION 5. INDEPENDENT CONTRACTOR
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The parties agree that CONTRACTOR is an independent contractor who is being paid to produce a
result. CONTRACTOR is in no way an employee of CITY.' CONTRACTOR controls the means of
accomplishing the work. CONTRACTOR shall pay all Federal and State payroll taxes for employees
of CONTRACTOR and said employees shall in no way be deemed or construed to be employees of
CITY for any purposes.
SECTION 6. EFFECTIVE DATE/TERM
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This agreement shall become effective upon the date of execution of the Agreement by both.parties.
City of Grand Terrace-ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 3
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This contract shall terminate on November 15, 2006,unless renewed. All work must be completed
within 45 days of the contract effective date. A late fee of$100 per day may be accessed by the City
for work not completed in a timely manner.
SECTION 7. TERMINATION
City shall have the right to terminate this agreement,at a'date earlier than specified for!default. Before
CITY exercises said right it shall give CONTRACTOR 10 days notice of the facts constituting the
default and a chance to cure any deficiencies within that time. If those deficiencies have not been
cured, CITY shall have the right to send CONTRACTOR notice that the contract has been terminated
for default pursuant to this paragraph by giving notice as provided herein.
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY. !
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SECTION 9. NOTICE
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The parties may give notice under this contract by sending such notice certified mail,addressed as
follows:
TO CITY: CITY OF GRAND TERRACE
22795 Barton Rd.
Grand Terrace, CA 92313
ATTN: STEVE BERRY
'TO CONTRACTOR:
Roquet Paving Inc.
PO BOX 887 '
Colton, CA'92324
Such notice shall be deemed received five(5)days after mailing,whether signed for or not.
SECTION 10. GRATUITIES ! I
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CONTRACTOR warrants that neither it nor any of its employees, agents or representatives has offered
or given any gratuities to CITY'S employees, agents or representatives with a view toward securing
this contract or securing favorable treatment with respect thereto.
SECTION 11. CONFLICT OF INTEREST
CONTRACTOR warrants that he has no blood or marriage relationship, and that he is[not in any way
associated with any architect, engineer or other preparer of the plans and specifications for this project.
CONTRACTOR acknowledges that CITY has detailed Conflict of Interest rules, agrees to abide by
those rules, and agrees that any breach of those rules shall give CITY the right to rescind, cancel or
otherwise terminate this agreement, at CITY'S discretion.
City of Grand Terrace-ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 4
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SECTION 12. INTEGRATION
This agreement constitutes the entire agreement and understanding between the parties hereto, and it
shall not be considered,modified, altered, changed, or amended in any respect unless, in writing and
signed by the parties hereto.
SECTION 13. NO WAIVER
The failure of the CITY at the time to require performance by the CONTRACTOR of any provisions
hereof shall in no way affect the right of the CITY thereafter to enforce same. Nor shall waiver by the
CITY of any breach of any provisions hereof be taken or held to be'a waiver of any succeeding breach
of such provision or as a waiver of any provision itself.
SECTION 14. INSURANCE
The Contractor shall supply insurance and licensing as follows:
Commercial General Liability:
Primary insurance shall be provided on IOSCGL form No. CG 00 01 1185 or 88. Total limits shall be
no less than 1 million dollars per occurrence for all coverage's and 2 million dollars general aggregate.
City and its employees and agents shall be added as additional insureds using ISO additional insured
endorsement form CG 20 10 11 85 (in no event will City accept an endorsement form,with an edition
date later than 1990). Coverage shall apply on a primary non-contributing basis inrelation to any
other insurance or self-insurance, primary or excess, available to City or any employee or agent of
City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional
insured. Umbrella Liability Insurance (over primary) shall apply to bodily injury/property damage;
personal injury/advertising injury, at-a minimum, and shall include a"drop down"provision providing
primary coverage above a maximum $25,000.00 self insured, retention for liability not covered by
primary policies but covered by the umbrella policy. Coverage shall be following form to any
underlying coverage. Coverage shall be provided' on a "pay on behalf' basis, with defense costs
payable in addition to policy limits. There shall be no cross liability exclusion. Policies .shall have
concurrent starting and ending dates.
Worker's Compensation:
Shall be written on a policy form providing workers' compensation statutory benefits as required by
law. Employer's liability limits, shall be no less- than one million dollars per accident or disease.
Employer's liability coverage shall be scheduled under any umbrella policy described,,above. Unless
otherwise agreed, this policy shall be endorsed to waive any right of subrogation as respects the City,
its employees or agents.
The Contractor shall also provide the City with a Certificate of Worker's Compensation Insurance and
completed Declaration Regarding Licenses Status form. Contractors must also have i a valid City'of
Grand Terrace Business License.
Auto Insurance•
CONTRACTOR shall provide Auto Insurance as follows:
City of Grand Terrace-ROAD MAINTENANCE SERVICES'ON 'MT. VERNON AVENUE 5
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Business Auto/Umbrella, Liability Insurance.' Primary coverage shall be: written on ISO
Business Auto Coverage form CA 00 0106 92 including symbol 1 (Any Auto). Limits shall be no
less than (one) 1 million dollars per accident. Starting, and ending dates shall be concurrent. If
Contractor owns no autos, a non-owned auto ,endorsement to the General Liability. policy
described above is acceptable.
SECTION 15 LEGAL ACTION
Should the City bring any legal or equitable action for the purpose'of protecting or enforcing its,rights
under this Agreement, the City shall recover, in addition to all other relief; its reasonable attorneys
fees and court costs to be fixed by the Court.
SECTION 16 ATTORNEY'S FEES
The parties agree that should any dispute arise concerning the interpretation of this contract, or
regarding the performance or non-performance of this contract, that the prevailing; party shall be
entitled to reasonable attorney's fees.
SECTION 17 EXTRA WORK
The Contractor hereby agrees that he will not proceed with'any Extra Work unless he has been
authorized in writing-to do so by CITY.
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SECTION 18 PREVAILING WAGE
The successful Bidder will be required to pay not less than the prevailing wage scale determined
by the Director of the California Department of Industrial Relations, copies of which'scale are on
file in the office of the City Clerk and the office of the Director of Public Works/City Engineer
and which shall be made available to any interested party on request. Additionally, the ,Contractor
shall comply with the provisions of Labor Code Section 1777.5.
WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: = CITY OF GRAND TERRACE
tit—
C'ityClerk Mayor
APPRO D AS TO FORM: CONTRACTOR,
By:
City Attorney
Title:
City of Grand Terrace' ROAD MAINTENANCE SERVICES ON MT:VERNON AVENUE 6
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FHuM : LUUM15 IN!-;. HHUNE NU: y516Ei5bbb5 Sep: b5 �4�L6 25F'M N2
-ACORD
,M CERTIFICATE OF LIABILITY INSURANCE•
DATE
I 09/05/2006
:eRooucER Loorziis InSLIrflnCC SCrvices THIS CERTIFICATE IS ISSUED AS,A MATTER OF INFORMATION
SITS Limpnitc AvC.,Ste$ ONLY AND CONFERS NO RIGHTS] UPON THE CERTIFICATE
IS CERTIFICATE
HOLDER.
H iAMEND,
PIE°P.O.Box 3128 A(-TER THECOVERAGE AFFORDEDBY TH OLLCIIESS W
Riverside CA 92519 INSURERS AFFORDING COVERAGE
I nsuRED Roquet Paving Inc. 1 INSURER A Mt,FT vle Insurance Co.
P.O.Box 887 INSURER B:Mercury Comm'I Auto _
Colton CA 92324 INSURER C: --
INSURER 0:INSURER E: � •. ^
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8 ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES,AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
IN SR 'POLICY CPF90TIVE POLICY EXPIRATION
TYPE OF INSURANCE POLICY NUMBER LIMBS
A GENERAL LIABILITY MOL0I48542 EACH OCCURRENCE g 1000000
X COMMERCIAL GENERAL LIABILITY 08/OI/2006 08/Ol/2007 ;
FIRE DAMAGE An one Ciro $ 50000
CLAIMS MADE XL�OCCUR MED EXP An one arson 5000
PERSONAL RADVINJURY 2 1000000
GENERAL AGGREGATE S 2000000
GEN'L AGGREGATE EC TAPPLIES PER: PRODUCTS-C8MP10P AGG 1000000
POLICY PRO- LOC "'
AUTOMOBILE LIABILITY ACI 1057938 06/02/2006 06/02/2007 COMBINED SINGLE LIMIT
ANY AUTO (EeeeadeM) § 1000000
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY' $
(Per peman)
HIRED AUTOS
XtRA
NED AUTOS BODILY INJURY 1 6
(Per accldont}
ed.Autos
PROPERTY DAMAGE $
(Per Aeddont)
GARAGELIABILITY
AUTO ONLY-EA A.r=OENT
O -OTHER THAN EAACC S
AUTO ONLY: AGG
Is
ILITYEA�;h1OCCURRENCE s
CLAIMS MADE
AGGREGATEBLE
N S $
WORKERS COMPENSATION AND WC STATU OTH-
EMPLOYERS LIABILITYPR
E.L.EACH ACCIDENT
E.L.,DISEASE-EA EMPLOYEE 9
OTHER E.L.DISEASE•POLICY LIMIT S
I ,
DESCRIPTION OF OPERATIONSILOCATIONSNEHICLPrS1FXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS•
Certificate holder,its employees,,agents,and representatives are named as additional insureds.
Insurance i$primary and non-contributory-
-
CERTIFICATE HOLDER
ADDITIONAL INSURED;INSURER LETTER: CANCELLATION
Tf1tEF111E.HENTAMVFR.
F THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIONCity of Grand Terrace ,THE ISSUING INSURER WILL ENDEAVOR TO MAI 10,DAYS WRITTEN
Community Services Dept, CERTIFICATE HOLDER NAMED TO THE LEBUT FAILURE TO DD SD SHALL22795 Barton Road LIO,ATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
Grand Terrace CA 92313 ES.
AUTHORIZED REPRESENTATIVE r '
ACO^nD 25.S(7/97) CACORD CORPORATION 1888
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FROM LOOMIS INS. PHONE NO.� 9516950665 Sep. 05 2006 01:25PIl P3
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Policy Number: MGLO148542 Mt. Hawley Insurance Company
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THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ rr CAREFULLY,
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ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS
(FORM C) {
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART,
(if no entry appears.below, information.required to complete this endorsement will be shown In the osoiarations as appii-
cable to this endorsement.)
WHO IS AN INSURED(Section IQ is amended to include as an insured the person or organization shown in the Sched-
ule,but only with respect to liability arising out of"your w6rk"for that insured by or for you,
To the extent required under contract chin policy will apply as primary insurance to additional insureds scheduled below
and other.Insurance which may be available to such additional insureds will be non-contributory.
Section IY„,Condition 4.,of.this-policy Is amended accordingly,
SCHEDULE
Name of Person or-Organization:
All persons or organizations where required by written contract.
ALL QTWER TERMS AND CONDITIQNS aF THIS POLICY REMAIN UNCHANGED.
CERTHOLDER COPY SJ
STATE P.O. BOX 420807, SAN FRANCISCO,CA 94142,-0807
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 09-05-2006 GROUP: 000046
POLICY NUMBER: 0010522-2006
CERTIFICATE ID: 130
CERTIFICATE EXPIRES: 01-01-2007
01-01-2008/01-01-2007
CITY OF GRAND TERRACE Si JOB:MT VERNON RD RECONSTRUCTION
22795 BARTON RD
GRAND TERRACE CA 92313-5207
This is to certify that we have issued a valid Workers' Compensation insurance policy in a form approved by the
California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancelled prior to its normal expiration.
This certificate of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded
by the policy listed herein. Notwithstanding any requirement, term or condition of any contract or other document
with respect >o which this certificate of insurance may be issued or to which it may pertain, the insurance
afforded by the policy described herein is subject to all the terms, exclusions, and conditions, of such ;policy.
tTHORIZED REPRESENTATI PRESIDENT
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE..
ENDORSEMENT #0016 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2005-01-01 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF GRAND TERRACE
ENDORSEMENT #1600 - JOE ,ROQUET PRESIDENT - EXCLUDED.
ENDORSEMENT #1600 - MIKE ROQUET VPRES - EXCLUDED,.
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 01-01-2004 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
ROQUET PAVING, INC SJ
PO BOX 887
COLTON CA 92324
IVJL,CS]
(REV.!-05) PRINTED 09-05-2006