Roquet Paving Inc-2006-28 EXHIBIT "A"
AGREEMENT BETWEEN THE CITY OF GRAND
TERRACE AND ROQUET PAVING INC.,
(CONTRACTOR) FOR THE PROVISION OF ROAD
MAINTENANCE SERVICES ON MT. VERNON AVENUE
PHASE H.
THIS AGREEMENT IS ENTERED INTO THIS DAY OF 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 desires to 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 PHASE II 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
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 1
from the CITY, and that the CONTRACTOR will furnish the necessary Insurance Certificates, a
Faithful Performance Bond, and a Labor and Materials Bond.
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 PHASE H 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 DeBerry and Main Street:
- Grind Mt. Vernon between DeBerry Street(not including the intersection) and Main
Street(through the middle of the intersection) from curb to curb totaling approximately
232,100 sq.ft 2%inches deep and properly dispose of the grindings.
- Pave leveling course with a minimum of%2 inch thick asphalt over 232,100 sq. ft.
- Install petromat (4 oz. fabric) over 232,100 sq.ft. with AR 4000 oil.
- Overlay 232,100 sq.ft. with 2%2 inches AC (asphalt type state;3/4 inch)
Including:
-Mobilization I
-Traffic control
-Raise 19 manholes on Mt Vernon
-Provide temporary striping
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 2
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
$429,163 without written consent by the CITY.
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
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
This agreement shall become effective upon the date of execution of the Agreement by both parties.
This contract shall terminate on March 1, 2007 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.
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 3
SECTION 8. ASSIGNMENT
No assignment of this contract may be made without the express written consent of CITY.
SECTION 9. NOTICE
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
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.
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.
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 4
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 I 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 in relation 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 a valid City of
Grand Terrace Business License.
Auto Insurance•
CONTRACTOR shall provide Auto Insurance as follows:
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 attorney's
fees and court costs to be fixed by the Court.
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 5
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.
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.
WITNESS WHEREOF,the parties hereto have set their hands and seals the day and year first above
written.
ATTEST: CITY OF GRAND TERRACE
Vuiva��� Br�—'
City Clerk Mayor
APPROVED AS TO FORM: CONTRACTOR
By:
City Attorney
Title:
City of Grand Terrace- ROAD MAINTENANCE SERVICES ON MT. VERNON AVENUE 6
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PROPOSAL TO THE CITY OF GRAND TERRACE
BID SCHEDULE
ITEM ITEM QTY TOTAL
NO. COST
1 Mobilization 1 a 4 00.0-0
2 Traffic Control 1 13 900.00
3 Raise 19 manhole covers 1 ZL 230.00
4 Temporary tab striping 1 o00.00
5 Grind 232,100 sq.ft 2 '/ " deep and properly 1
dispose of grindings b$ 375. PC,-
6 Pave leveling course with a minimum of '/a inch
thick asphalt over 232,100 s . ft. 1$ 000.G0
6 Install 4oz. Petromat 232,100 s .ft. w/AR 4000 oil 1 Nq 10.00
7 Overlay 232,100 sq.ft. with 2'/z inches AC 1
(asphalt type state 3/ inch)
TOTAL AMOUNT OF BID IN FIGURES: $ N Z.q P t G,�.o0
TOTAL AMOUNT OF BID IN WORDS: $. lour �Lmdred 4wimtq-runp,-Nu-Dand One hundre.d
df" three .
MT VERNON ROAD RECONSTRUCTION PHASE/l