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HomeMy WebLinkAboutAGMT - Free Lance Masonry (Main Street Paver Repair ST2008)PROFESSIONAL MAINTENANCE SERVICES AGREEMENT for Main Street Paver Repair (CIP ST2008) between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 P Free Lance Masonry 15432 Hanover Lane Huntington Beach, CA 92647 714-206-9000 This Professional Service Agreement ("the Agreement") is made as of January 10, 2020, (the "Effective Date"), by and between Free Lance Masonry ("Contractor"), a sole proprietorship, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires certain professional paver repair services ("Services") B. Contractor has submitted a cost proposal for the Services, dated December 2, 2019, and more fully described in Section 1.0, attached hereto as Exhibit A and incorporated herein by this reference. C. Contractor represents that the principal members of its firm are qualified California State licensed contractor, License Number 732267, and are fully qualified to perform the services contemplated by this Agreement in a good and professional manner; and it desires to perform such services as provided herein. Contractor's DIR registration number is 1000539847. NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Scope of Services 1.1. Contractor shall provide those services (collectively "Services") set forth in the cost proposal attached hereto as Exhibit A and incorporated herein by this reference. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control. 1.2. Contractor shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. 1.3. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.4. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 2of14 1.5. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. 2.0 Term The term of this Agreement shall commence on January 10, 2020, and shall remain in full force and effect until June 30, 2020, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Contractor's Compensation 3.1. City will pay Contractor in accordance with the hourly rates shown on the fee schedule set forth in Exhibit A for the Services but in no event will the City pay more than the total not -to -exceed amount of $30,000.00 (Thirty Thousand dollars) for the Original Term. 3.2. Contractor will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization. Any additional work authorized by the City Council pursuant to this Section will be compensated in accordance with the fee schedule set forth in Exhibit A. 4.0 Method of Payment 4.1. Contractor shall submit to City monthly invoices for all Services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the Services were rendered and shall describe in detail the Services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the Services performed for each day in the period. City will pay Contractor within 30 days of receiving Contractor's invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Contractor. 4.2. Upon 24-hour notice from City, Contractor shall allow City or City's agents or representatives to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights 3of14 under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. This Agreement may be terminated by City, without cause, or by Contractor based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination. 5.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Lance Unkovich is the Contractor's primary representative for purposes of this Agreement. Lance Unkovich shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager To Contractor: Free Lance Masonry 15432 Hanover Lane Huntington Beach, CA 92647 Attn: Lance Unkovich 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 4of14 8.0 Independent Contractor 8.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision, and Contractor and all of Contractor's personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Contractor will determine the means, methods, and details by which Contractor's personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 8.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Contractor's performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 8.3. Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not 5of14 become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 8.4. Contractor shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices, or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 8.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 9.0 PERS Compliance and Indemnification 9.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the applicable retirement laws and regulations. 9.2. Indemnification. Contractor shall defend (with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 9.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. 6 of 14 10.0 Confidentiality Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Contractor's covenant under this Section shall survive the termination of this Agreement. 11.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. 12.0 Assignment Contractor shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect. 13.0 Inspection and Audit of Records Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. City's rights under this Section 13.0 shall survive for three (3) years after expiration, termination or final payment under this Agreement, whichever occurs later. 14.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards 7of14 outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 15.0 Insurance 15.1. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 15.2. Contractor shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); and (3) Workers' Compensation and Employer's Liability coverages. Contractor shall maintain limits no less than: (1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage; and (3) Workers' Compensation in the amount required by law and Employer's Liability: $1,000,000 per accident and in the aggregate for bodily injury or disease; and if a "claims made" policy is provided, then the policy shall be endorsed to provide an extended reporting period of not less than three years. 15.3. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to state: (1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or 8of14 other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, (3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; (4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 15.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers. 15.5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Contractor guarantees that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 16.0 Indemnification, Hold Harmless, and Duty to Defend Contractor and the City agree that the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) should, to the fullest extent permitted by law, be fully protected from any loss, injury, damage, claim, liability, lawsuit, cost, expense, attorneys' fees, litigation costs, defense costs, court costs and/or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City and all other Indemnitees. Contractor acknowledges that the City would not have entered into this Agreement in the absence of the commitment of Contractor to indemnify and protect the City and the other Indemnitees, as set forth in this Agreement. 9 of 14 16.1. Indemnity. To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 16.0) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions, or willful misconduct, of the Contractor, and/or its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.2. Other Indemnitees. Other than in the performance of professional services, and to the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify the Indemnitees from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Damages"), in law or equity, whether actual, alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of Contractor, its officers, agents, servants, employees, subcontractors, materialmen, suppliers, or contractors, or their officers, agents, servants or employees (or any entity or individual that Contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Damages with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection with such defense. Contractor shall reimburse the Indemnitees for 10 of 14 any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 16.3. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 16.0 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Contractor's subcontractor, its officers, agents, servants, employees, subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that Contractor's subcontractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. 16.4. The obligations of Contractor under this or any other provision of this Agreement shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives any statutory immunity under such statutes or laws as to the Indemnitees. Contractor's indemnity obligation set forth in this Section 16.0 shall not be limited by the limits of any policies of insurance required or provided by Contractor pursuant to this Agreement. 16.5. Contractor's covenants under this Section 16.0 shall survive the expiration or termination of this Agreement. 17.0 Equal Opportunity Contractor affirmatively represents that it is an equal opportunity employer. Contractor shall not discriminate against any subcontractor, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non-discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination. 18.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance 11 of 14 in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 19.0 Prevailing Wage and Payroll Records If this Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, then Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein. 20.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 21.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 22.0 Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California. 23.0 No Third Party Rights No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement. 24.0 Waiver No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 25.0 Prohibited Interests; Conflict of Interest 25.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall 12 of 14 avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 25.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 25.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this subsection 26.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith. 27.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 28.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that 13 of 14 by his or her execution, the Contractor is formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Steve yrte , Attest: M f ukkb\ . L warv's P V n AA a � 'L u Approved as to Form:° By: Craig K. Steele, City Attorney CONTRACT R: Free Lance Masonry By: Name: 4e- Un rn V j i Its: By: �r Name: 4' cam, Its: (Please note, two signatures required for corporations pursuant to California Corporations Code Section 313 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and( ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) 14 of 14 EXHIBIT A Contractor's Cost Proposal November 12, 2019 Dear Bidders, The City of Seal Beach, is soliciting proposals from qualified contractors to remove uneven or damaged, and broken brick paver work, in addition to reinstalling pavers in the downtown business district areas of Main Street. Alt twds must meet applicable Prevailing Waste laws and have a Department of Industrial_ ftlgM nun*er (DIR). Proiect Description- Project Description The selected Conbramw will be responsible for the fionowine. • Removal, repairs and installation of any damaged or broken brick pavers. • Repairing any brick pavers that are uneven % above of the level surface. • Contractor will provide all materials except pavers and wood for border, labor, supervision and equipment to perform all work assigned by the City. Work will also include removing any tree roots, removing the damaged brick pavers safely and properly as to avoid further damage, disposal of removed material, preparing the subbase installation of new bricks pavers at varying depths based on usage and location, as well as timely cleanup and removal of all excess material and barricades. AN brick paver work construction/repairs must conform to current Southern California American pubic Works Association standards (GreenBook). • Contractor will be responsible for utilities spot locations if needed, securing traffic control and pedestrian protection. • City will furnish the brick pavers and wood borders for the sidewalk. • Brick work must match existing brick pavers along Main Street. Free Lance Masonry State Lic. 732267 15432 Hanover Lane Huntington Beach, CA 92647 714-206-9000 hbmasonman@yahoo.com City of Seal Beach 211 8th St. Seal Beach, CA 90740 ESTIMATE ESTIMATE NO. 12/2/2019 1531 PROJECT Paver Repair 2020 DESCRIPTION QTY TOTAL Downtown Business District Areas Street Sidewalk Paving Repair & Reinstallation "2019 - 2020" Fix Tripping Areas Along Sidewalks From Tree Root Uplifting & Sinking Square footage unit price for Brick Paver Repairs is $11.50 SF Remove existing pavers, cut small tree roots, re -level area, compact, clean sand & dirt off the pavers, re -install, compact, sand and clean-up Free Lance will secure traffic control & pedestrian protection City to supply all pavers for repairs and the wood border for tree wells att loscheattie TOTAL $0.00 Price includes all materials &labor stated above Price based on description above Free Lance will maintain a clean & orderly job site daily throughout the duration of the project All work to be contingent upon weather (acts of nature) strikes, accidents or delays beyond our control All work to be completed in a workman -like manner according to standard practices EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. all Deparknent of Industrial Relations STATE OF CALIFORNIA APPLICATION FOR PUBLIC WORKS CONTRACTOR REGISTRATION Registration Information Type: New Period: December 4, 2019 —June 30, 2020 Contractor Information Contractor Name: Lance Edward Unkovich Trade Name: FREE - LANCE MASONRY License Type Number: PW -LR -1000539847 Contractor Physical Address Physical Business Country: United States of America Physical Business Address: 15432 HANOVER LANE Contractor Mailing Address Mailing Business Country: Mailing Business Address: Contact Info Daytime Phone: Mobile Phone: Physical Business City/ Province: HUNTINGTON BEACH Physical Business State: CA Physical Business Postal Code: 92647 Mailing Business City/ Province: Mailing Business State: Mailing Business Postal Code: Daytime Phone Ext.: Business Email: hbmasonman@gmail.com Applicant's Email: hbmasonman@gmail.com Registration Services:: Page 1 of 2 12/17/2019 4:10:40 PM Workers' Compensation Professional Employer Organization (PEO) Do you lease employees through Professional Employer Organization? No Workers' Compensation Overview Exempt from workers' compensation insurance Carrier: Policyholder Name: Policy Number: Inception Date: Expiration Date: Certification Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award Yes I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes I certify that one of the following is true: (1) 1 am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB. I understand refunds are not authorized I, LANCE UNKOVICH, the undersigned, am, Lance Edward Unkovich with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled. I certify this on: 12/17/2019 3:58:59 PM Legal Entity Information Legal Entity Type: Sole Proprietorship Name: Lance Edward Unkovich Registration Services:: Page 2 of 2 0 N m E cn C O d O Z N N Of O cu N W E U v Q C E o C: Q N co 0 EO CL tf Cf) CU U') c CD C O Op " eM X000 U LL co O N J W CL L O �d UO E, C cc 9 Q- U `'JD c 0+ o m d E(A C� O, _ _ 6 v N L- W Z 60). >, 04 C L N L•Ocm cLf N f"2,y o �OF°U� F- 02W t V L V 4) E Y C to 4) V v c N J O ■0 f+ L AMP n N E O U O ^ E V C E 0 OCU � E LL m t V O U E .� L V ..,_. O = U O ; coV 0 c Y0 4-� O N ( Z in L v, E LU O E a O cn C O co Z N N Of O cu N W E U v Q C Z Z V o C: Q co 0 EO uj tf Cf) CU U') c Q O cc O Op " eM X000 U LL co yi J W N L O �d UO E, C cc 9 Q- U `'JD c 0+ o O O � N M 6 Z Z N- M N �- E(A C� O, _ _ 6 N L- W Z 60). >, 04 C L N L•Ocm cLf N f"2,y �OF°U� F- 02W Z E N (n Q O L W E U v Q Z Z V O ' C: Q cu uj O r- W c W W m cc m X000 LE vu- om>,-0 << C J r L Q Z 2 Z mN0..� aMcnz l- mZ0Wmr-�2rn FREE -LA -01 JA VAREZ ACORO DATE (MwDDIYYYY) �� CERTIFICATE OF LIABILITY INSURANCE 12/19/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Johnny Alvarez NAME:- - - -- -- - NFP Property & Casualty Services Inc PHONE ggg 900-9989 i FAX 9840 Business Park Dr. Ste. B I (A/C, No, Ext): ( ) _ (A/C, NO►: ADDRE Johnn alvarez n .com Sacramento, CA 95827 ADDRESS: —_ Y fP _ INSURED Free - Lance Masonry 15432 Hanover Lane Huntington Beach, CA 92647 INSURER ($) AFFORDING COVERAGE NAIL 1< INSURER A:Securit, National Insurance Compa_y'19879 INSURER B: INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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 BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTIF TYPE OF INSURANCE ADDUBR POLICY NUMBER POLICY EFF POLICY EXP LIMBS A X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE 1,000,000 EACH OCCURRENCE $ CLAIMS -MADE X OCCUR -� X X NA104725206 2/4/2019 2/4/2020 DAMAGE TO RENTED iu0,000 PREMISES (Ea ocwrrencal - MED EXP one - -) S - 5,00 PERSONAL & ADV INJURY $ 1,000,00 � � - fir_ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- 7, LOC POLICY JECT J J - FPRODUCTS -_COMP/OPAGG I $2'���'��� OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -_(_Ea aG�ciden� ANY AUTO - �BOOILY INJURY tPerperson) $ WNED SCHEDULED - _ AUTOS ONLY AUTOS AUTOS BODILY INJURY Per accident $ ON WN p y ONLY AU7 S ONEY PROPERTY AMAGE (P_eraccidern�_-- + $_. UMBRELLA UAB t { OCCUR EACH OCCURRENCE S $ EXCESS LIAB CLAIMS-MADEAGGREGATE F I $ DED RETENTION $ WORKERS PER I OTH STATUTE ER_ AND EMPLOYERS' LIABILITY Y / N I', �- _1 ANY PROPRIETOR/PARTNER/EXECUTIVE F-� NIA, E.L EACH ACCIDENT - --- -$ EXCLUDED? '_ 1 FIiWn yin . NHR $ -- L If yeses BIONe under DE OF OPERATIONS below E.L. DISEASE - POLICEMPLOYEE MIT I I DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more sate bt BUrequire✓ CITY OF SEAL BEACH IS ADDED AS ADDITIONAL INSURED, COVERAGE IS PRIMARY AND NON-CONTRITOR , WAIVER OF SUBROGATION APPLIES WITH RESPECT TO GENERAL LIABILITY PER THE CONDITIONS OF THE ATTACHED FORM: 49-0108 0711. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF SEAL BEACH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 211 8TH STREET SEAL BEACH, CA 90740 AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/Y 12/19/201919 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WANED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Bannister & Associates Insurance Agency CA License #0691071 305 17th Street Huntington Beach CA 92648 CONTACT NAME: Rich T Higgins PHONE c o (714) 536-6086 FAX No:(714) 536-4054 E-MAIL ADDRESS: rich@bei-ina.coam INSURERS AFFORDING COVERAGE NAIC i INSURERA: California Automobile Insuranc 38342 INSURED (562) 692-4442 INSURER B INSURER C: Lance Unkovich dba Free -Lance Masonry 15432 Hanover Lane INSURER D: INSURERE: Huntington Beach CA 92647 O PREMISES Ea ocwrrence $ MED EXP (Any one person) $ INSURER F: rnvccAr_cc rFRTIFIrATE NUMBER* Cert TD 3499 REVISION NUMBER: THIS IS TO CERTIFY THAT 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 BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY MWDDI EFF POLICY EXP LIMITS Seal Beach CA 90740 COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE FlOCCUR O PREMISES Ea ocwrrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ RPOLICY1:1 PRO-- LOC OTHER: AUTOMOBILE LIABILITYMBINE ntSINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ A X ANY AUTO RA040000035892 11/16/201911/16/2020 BODILY INJURY (Per accident) $ OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY J PRO PERI; DAMAGE $ Per acadent 1 a I 1 UMBRELLA LIM OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIUB CLAIMS -MADE DED RETENTION $ $ WORKERS COMPENSATION STATUTE ER AND EMPLOYERS' LIABILITY N ANYPROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ OFFICER/MEMBEREXCLUDED? ❑ (Mandatory In NH) NIA E.L DISEASE -POLICY LIMIT $ [fie describe under DESCRIPTION OF OPERATIONS below S $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more apace Is required) r_ERTIFICATE HOLDER CANCELLATION ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Seal Beach 211 8th St. AUTHORIZED REPRESENTATIVE Seal Beach CA 90740 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 1 of 1 November 12, 2019 Dear Bidders, The City of Seal Beach, is soliciting proposals from qualified contractors to remove uneven or damaged, and broken brick paver work, in addition to reinstalling pavers in the downtown business district areas of Main Street. All bids must meet applicable Prevailing Wage Laws and have a Department of Industrial Relations number (DIR). Proiect Description: Project Description The selected Contractor will be responsible for the following: • Removal, repairs and installation of any damaged or broken brick pavers. • Repairing any brick pavers that are uneven 34 above of the level surface. • Contractor will provide all materials except pavers and wood for border, labor, supervision and equipment to perform all work assigned by the City. Work will also include removing any tree roots, removing the damaged brick pavers safely and properly as to avoid further damage, disposal of removed material, preparing the subbase installation of new bricks pavers at varying depths based on usage and location, as well as timely cleanup and removal of all excess material and barricades. All brick paver work construction/repairs must conform to current Southern California American Public Works Association standards (Green Book). • Contractor will be responsible for utilities spot locations if needed, securing traffic control and pedestrian protection. • City will furnish the brick pavers and wood borders for the sidewalk. • Brick work must match existing brick pavers along Main Street. ` • If Bids: Bid should be on unit price per square footage: Square foot unit price Brick Paver Repairs $ 11.50 SF U--�'n L -Q— Un kov 1 cl-� 1 I`-1 Le ( - CIO v(-) Please use this notification as a bid form and email your bid electronically to Joe Talarico (562)431-2527 at italarico�sealbeachca.eov Bids are due no later than 5:00 p.m. on December 2nd, 2019. Bidders are highly encouraged to visit the City to familiarize themselves with the scope of work required prior to submitting a bid. If you have any questions regarding this bid, please do not hesitate to contact me or Tim Kelsey at (562)431-2527 x 1341. Attachment A: Sample Professional Services Agreement Sincerely, Joseph Talarico Maintenance Services Supervisor A" 0i Free Lance Masonry State Lic. 732267 15432 Hanover Lane Huntington Beach, CA 92647 714-206-9000 hbmasonman@yahoo.com City of Seal Beach 211 8th St. Seal Beach, CA 90740 ESTIMATE ESTIMATE NO. 12/2/2019 1531 PROJECT Paver Repair 2020 DESCRIPTION CITY TOTAL Downtown Business District Areas Street Sidewalk Paving Repair & Reinstallation "2019 - 2020" Fix Tripping Areas Along Sidewalks From Tree Root Uplifting & Sinking Square footage unit price for Brick Paver Repairs is $11.50 SF Remove existing pavers, cut small tree roots, re -level area, compact, clean sand & dirt off the pavers, re -install, compact, sand and clean-up Free Lance will secure traffic control & pedestrian protection City to supply all pavers for repairs and the wood border for tree wells tall to sc e u e TOTAL $0.00 Price includes all materials & labor stated above Price based on description above Free Lance will maintain a clean & orderly job site daily throughout the duration of the project All work to be contingent upon weather (acts of nature) strikes, accidents or delays beyond our control All work to be completed in a workman -like manner according to standard practices November 12, 2019 Dear Bidders, The City of Seal Beach, is soliciting proposals from qualified contractors to remove uneven or damaged, and broken brick paver work, in addition to reinstalling pavers in the downtown business district areas of Main Street. All bids must meet applicable Prevailing Wage Laws and have a Department of Industrial Relations number (DIR). Project Description: Project Description The selected Contractor will be responsible for the following: • Removal, repairs and installation of any damaged or broken brick pavers. • Repairing any brick pavers that are uneven % above of the level surface. • Contractor will provide all materials except pavers and wood for border, labor, supervision and equipment to perform all work assigned by the City. Work will also include removing any tree roots, removing the damaged brick pavers safely and properly as to avoid further damage, disposal of removed material, preparing the subbase installation of new bricks pavers at varying depths based on usage and location, as well as timely cleanup and removal of all excess material and barricades. All brick paver work construction/repairs must conform to current Southern California American Public Works Association standards (GreenBook). • Contractor will be responsible for utilities spot locations if needed, securing traffic control and pedestrian protection. • City will furnish the brick pavers and wood borders for the sidewalk. • Brick work must match existing brick pavers along Main Street. Bids: Bid should be on unit price per square footage: Square foot unit price Brick Paver Repairs $ Golden State Constructors 12.50 Plea se th s notification as a bid form and email your bid electronically to Joe Talarico (562)431-2527 at italarico6walbeachca.aov Bids are due no later than 5:00 p.m. on December 2nd, 2019. Bidders are highly encouraged to visit the City to familiarize themselves with the scope of work required prior to submitting a bid. If you have any questions regarding this bid, please do not hesitate to contact me or Tim Kelsey at (562)431-2527 x 1341. Attachment A: Sample Professional Services Agreement Sincerely, Joseph Talarico Maintenance Services Supervisor Winnie Bell From: Jennifer Robles Sent: Monday, January 27, 2020 1:24 PM To: Winnie Bell Subject: Free Lance Masonry Hi Winnie, Free Lance Masonry is exempt from professional liability and worker's comp since he doesn't have any employees. Thank you, Jennifer Robles Executive Assistant Public Works & Community Development City of Seal Beach - 211 Eighth Street, Seal Beach, CA 90740 (562) 431-2527 Ext. 1326 Civility Principles: 1. Treat everyone courteously; 2. Listen to others respectfully; 3. Exercise self-control; 4. Give open-minded consideration to all viewpoints; 5. Focus on the issues and avoid personalizing debate; and, 6. Embrace respectful disagreement and dissent as democratic rights, inherent components of an inclusive public process, and tools for forging sound decisions. For Information about Seal Beach, please see our city website: www.sealbeachca.gov NOTICE: This communication may contain privileged or other confidential information. If you are not the intended recipient of this communication, or an employee or agent responsible for delivering this communication to the intended recipient, please advise the sender by reply email and immediately delete the message and any attachments without copying or disclosing the contents. Thank you.