HomeMy WebLinkAboutAGMT - Ron's Maintenance Inc (Fall 2020 Catch Basin Cleaning)PUBLIC WORKS AGREEMENT
for
Fall 2020 Catch Basin Cleaning
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
N
Ron's Maintenance, Inc.
P.O. Box 4562
Downey, CA 90241
(562) 879-7207
This Professional Services Agreement ("the Agreement") is made as of October 26,
2020 (the "Effective Date"), by and between Ron's Maintenance, Inc., a California
corporation ("Contractor"), and the City of Seal Beach ("City"), a California charter city,
(collectively, "the Parties").
RECITALS
A. City desires certain professional storm drain catch basin cleaning
services.
B. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.035(D), City solicited informal bids from vendors to carry
out the Project, and obtained two written bids and one no response bid.
Contractor has submitted an informal bid to the City for the Project dated in the
amount of $9,720.00, attached hereto as Exhibit A and incorporated herein by
reference, which constitutes the lowest acceptable quotation.
C. Pursuant to the authority provided by its City Charter and Seal Beach
Municipal Code § 3.20.035(D), City desires to engage Contractor to provide
professional storm drain catch basin cleaning services in the manner set forth
herein and more fully described in Section 1.0.
D. Contractor represents that the principal members of its firm are qualified
California -licensed contractors (License #972124, DIR #1000025381) 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.
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 Scope of Services 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
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performing all Services. 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 City shall not operate as a release of Contractor from such standard of
care and workmanship.
1.5. Contractor will not be compensated for any work performed not
specified in the Scope of Services unless 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 Manager.
Payment for additional work in excess of this amount requires prior City Council
authorization.
2.0 Term
2.1. The term of this Agreement shall commence on October 26, 2020
and shall remain in full force and effect until work is fully completed unless
sooner terminated as provided in Section 6.0 of this Agreement.
3.0 Contractor's Compensation
3.1. City will pay Contractor in accordance with the cost proposal 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 Nine Thousand Seven Hundred Twenty and
00/100 Dollars ($9,720.00) for the Term.
3.2. Any additional work authorized by the City Manager pursuant to
Section 1.5 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
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business hours all records, invoices, time cards, cost control sheets and other
records maintained by Contractor in connection with this Agreement. City's rights
under this Section 4.2 shall survive for three (3) years following the termination of
this Agreement.
5.0 Payment and Performance Bonds; Guaranty
Unless otherwise expressly provided in the bid documents, or exempted by City,
prior to commencing work, Contractor shall provide a payment bond and
performance bond, each in an amount equal to 100% of the Contract price. The
bond forms required to be executed are attached hereto and incorporated by
reference herein. Pursuant to the bid documents for this Project, the performance
bond shall include Contractor's written guaranty of Contractor's work for a period
of one year following notice of completion.
6.0 Termination
6.1. 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.
6.2. 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.
7.0 Party Representatives
7.1. The City Manager is City's representative for purposes of this
Agreement.
7.2. Ronnie Norman is Contractor's primary representative for purposes
of this Agreement. Ronnie Norman 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.
8.0 Notices
8.1. 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
ddresses:
To City: City of Seal Beach
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211 -8th Street
Seal Beach, California 90740
Attn: City Manager
To Contractor: Ron's Maintenance
P.O. Box 4562
Downey, CA 90241
Attn: Ronnie Norman
8.2. Actual notice shall be deemed adequate notice on the date actual
notice occurred, regardless of the method of service.
9.0 Independent Contractor
9.1. Contractor is an independent contractor and not an employee of
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.
9.2. 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
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information about or to check on the status of projects pertaining to the Services
under this Agreement.
9.3. 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
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.
9.4. 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 9.0. 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.
10.0 PERS Compliance and Indemnification
10.1. 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
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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.
10.2. 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 10.0. 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.
11.0 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.
12.0 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.
13.0 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.
14.0 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
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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 14.0 shall survive for three (3) years after expiration, termination or
final payment under this Agreement, whichever occurs later.
15.0 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
outlined by CAL OSHA. 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.
16.0 Insurance
16.1. Contractor shall not commence work under this Agreement until it
has provided evidence satisfactory to 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 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 City if requested.
All certificates and endorsements shall be received and approved by City before
work commences. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
16.2. 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 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
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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.
16.3. The insurance policies shall contain the following provisions, or
Contractor shall provide endorsements on forms supplied or approved by 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 City; (2) any failure to comply with reporting or
other provisions of the policies, including breaches of warranties, shall not
affect coverage provided to City, its directors, officials, officers, employees,
agents, volunteers and agents serving as independent contractors in the role of
City officials; (3) coverage shall be primary insurance as respects the City, its
directors, officials, officers, employees, agents, volunteers and agents serving as
independent contractors in the role of City officials, or if excess, shall stand in an
unbroken chain of coverage excess of Contractor's scheduled underlying
coverage and that any insurance or self-insurance maintained by City, its
directors, officials, officers, employees, agents, volunteers and agents serving as
independent contractors in the role of City officials shall be excess of Contractor's
insurance and shall not be called upon to contribute with it; (4) for general liability
insurance, that City, its directors, officials, officers, employees, agents,
volunteers and agents serving as independent contractors in the role of City
officials shall be covered as additional insureds with respect to the services or
operations performed by or on behalf of Contractor, including materials, parts or
equipment furnished in connection with such work; and (5) for automobile liability,
that City, its directors, officials, officers, employees, agents, volunteers and
agents serving as independent contractors in the role of City officials 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 Contractor or for which Contractor is responsible.
16.4. 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 City, its directors, officials, officers,
employees, agents, volunteers and agents serving as independent contractors in
the role of City officials.
16.5. Any deductibles or self-insured retentions shall be declared to and
approved by City. Contractor guarantees that, at the option of City, either: (1) the
insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects City, its directors, officials, officers, employees, agents, and volunteers;
or (2) Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
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16.6. Each insurance policy, except for any professional liability policy,
required by this Section 16.0 shall expressly waive the insurer's right of
subrogation against City and its officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors
in the role of City or agency officials.
17.0 Indemnification, Hold Harmless, and Duty to Defend
Contractor and City agree that 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 17.0) 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 City and all other Indemnitees. Contractor
acknowledges that City would not have entered into this Agreement in the
absence of the commitment of Contractor to indemnify and protect City and the
other Indemnitees, as set forth in this Agreement.
17.1. Indemnity. To the fullest extent permitted by law, Contractor shall,
at its sole cost and expense, protect, defend, hold harmless and indemnify 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
17.0) from and against any and all damages, costs, expenses, liabilities, claims,
demands, causes of action, bid protests, stop notices, suits, 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, in any manner arising out
of, pertaining to, or relating to the acts or omissions of Contractor, and/or its
directors, 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, and/or willful misconduct, 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. 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 reasonable attorneys' fees and experts' costs actually incurred in
connection with such defense. Contractor shall reimburse the Indemnitees for
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any and all legal expenses and costs incurred by the Indemnitees in connection
therewith.
17.2. Civil Code Exception. Nothing in this Section 17.0 shall be
construed to encompass Indemnitees' sole negligence or willful misconduct to
the limited extent that the underlying Contract is subject to Civil Code Section
2782(a) or the City's active negligence to the limited extent that the Agreement is
subject to Civil Code Section 2782(b), provided such sole negligence, willful
misconduct or active negligence is determined by final arbitration or court
decision or by agreement of the Parties.
17.3. Subcontractor Indemnification. Contractor shall obtain executed
indemnity agreements with provisions identical to those in this Section 17.0 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 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.
17.4. Bid Protest. In addition to its obligations pursuant to Section 17.1,
Contractor shall reimburse City for all attorneys' fees and costs incurred by City
in connection with, arising out of or incident to any bid protest.
17.5. Waiver of Right of Subrogation. Contractor, on behalf of itself and
all parties claiming under or through it, hereby waives all rights of subrogation
against the Indemnitees, while acting within the scope of their duties, from all
claims, losses, and liabilities arising out of or incident to activities or operations
performed by or on behalf of Contractor.
17.6. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any
rights they may each possess against Contractor because of the acceptance by
City, or the deposit with City, of any insurance policy or certificate required
pursuant to this Agreement.
17.7. Insurance Not Limitation. 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 17.0 shall not be limited
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by the limits of any policies of insurance required or provided by Contractor
pursuant to this Agreement.
17.8. Survival. Contractor's covenants under this Section 17.0 shall
survive the expiration or termination of this Agreement.
18.0 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.
19.0 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
in accordance with the provisions of that Code, and agrees to comply with such
provisions before commencing the performance of the Services.
20.0 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.
21.0 Suspension
City may, in writing, order Contractor to suspend all or any part of the
Contractor's Services for the convenience of City or for work stoppages beyond
the control of City or Contractor. A suspension of the Services does not void
this Agreement.
22.0 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.
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23.0 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.
24.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws
of the State of California.
25.0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party
as a result of this Agreement.
26.0 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.
27.0 Prohibited Interests; Conflict of Interest
27.1. 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
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 Sections 1090 and 87100) in any decision made by City on
any matter in connection with which Contractor has been retained.
27.2. 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.
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27.3.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 Section 27.0.
28.0 Antitrust Claims
In entering into this Agreement, Contractor offers and agrees to assign to 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 California
Business and Professions Code) arising from purchases of goods, services, or
materials pursuant to the Agreement. This assignment shall be made and
become effective at the time City tenders final payment to Contractor without
further acknowledgment by the parties.
29.0 Trenching and Excavations.
Pursuant to Public Contract Code Section 7104, if the project involves trenching
more than four (4) feet deep, Contractor shall promptly and before the following
conditions are disturbed notify the City in writing of any:
29.1. Material that Contractor believes may be material that is hazardous
waste, as defined in California Health and Safety Code Section 25117, that is
required to be removed to a Class I, Class II, or Class III disposal site in
accordance with provisions of existing law; and/or Subsurface or latent physical
conditions at the site differing from those indicated; and/or
29.2. Unknown physical conditions at the site of any unusual nature,
different materially from those ordinarily encountered and generally recognized
as inherent in work of the character provided for in the Agreement.
29.3.As required by Labor Code Section 6705 and in addition thereto,
whenever work under the Contract that involves an estimated expenditure in
excess of twenty-five thousand dollars ($25,000) for the excavation of any trench
or trenches five (5) feet or more in depth, Contractor shall submit for acceptance
by City in advance of excavation, a detailed plan showing the design of shoring,
bracing, sloping, or other provisions to be made for worker protection from the
hazard of caving ground during the excavation, of such trench or trenches. If
such plan varies from the shoring system standards established by the
Construction Safety Orders of the Division of Industrial Safety, the plan shall be
13 of 16
prepared by a registered civil or structural engineer employed by Contractor, and
all costs therefor shall be included in the price of the Agreement. Nothing in this
provision shall be deemed to allow the use of a shoring, sloping, or other
protective system less effective than that required by the Construction Safety
Orders. Nothing in this provision shall be construed to impose tort liability on the
City or on any City officer, agent, consultant, representative, or employee. All
plans, processing and shoring costs are Contractor's responsibility and must be
included in Contractor's bid.
30.0 Location of Existing Elements
Pursuant to Government Code Sections 4216 to 4216.9, the methods used and
costs involved to locate existing elements, points of connection and all
construction methods are Contractor's sole responsibility. Accuracy of
information furnished, as to existing conditions, is not guaranteed. Contractor, at
its sole expense, must make all investigations necessary to determine locations
of existing elements, which may include, without limitation, contacting U.S.A.
alert and other private underground locating firm(s), and/or utilizing potholes,
specialized locating equipment and/or hand trenching.
31.0 Third Party Claims Fees
Pursuant to Public Contract Code Section 9201, City has full authority to
compromise or otherwise settle any claim relating to this Agreement at any time.
City shall timely notify Contractor of the receipt of any third -party claim relating to
the Agreement. City shall be entitled to recover its reasonable costs incurred in
providing the notification required by Public Contract Code Section 9201(b).
32.0 Non -Collusion
Contractor hereby certifies that this bid is genuine and not a sham or collusive, or
made in the interest or on behalf of any person or business not herein named.
Contractor further certifies that Contractor has not directly or indirectly induced or
solicited any other bidder to furnish a sham bid, or any other person or business
to refrain from bidding, and Contractor has not in any manner sought by collusion
to secure itself an advantage over any other bidder. Contractor also affirms that it
has signed and submitted with its bid to City a Non -collusion Declaration as
required by Public Contract Code Section 7106.
33.0 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.
14 of 16
34.0 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.
35.0 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
by his or her execution, 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:
St6e1*ffr,-PubIi6 Works Director
Attest:
By:
lona D. Ha k
Approved a F
By:
Craig A. Steele, City Attorney
CONTRACTOR: Ron's Maintenance, a
California corporation
By:
Name:
Its:
By:
Name:
Its: .SL, e.,- Nr. -v
(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.)
15 of 16
EXHIBIT A
Contractor's Proposal
Roh's Maintenance, Inc.
P.O. Box 4562, Downey, California, 90241
Email: Ron@Ronsmaintenance.com
Phone: 562-879-7207
September 28, 2020
Grant Tavasci
City of Seal Beach
211 Eighth St
Seal Beach, CA 90740
Hi Grant:
Ron's Maintenance Inc. (RMI) is pleased to quote the City of Seal Beach for the cleaning services of the
216 Catch Basins in the city. The price of $45.00/per basin includes cleaning and inspection, City of Seal
Beach will provide a trash bin and location for disposal of debris, See below for detailed breakdown.
Should you have any questions, feel free to contact me at 213-359-3827. Looking forward to hearing
from you.
Sincerely,
7
a Norman
Catch
Total
ITEM NO.
DESCRIPTION
Basin Unit
Total for one
Cleaning
Annual
Price
cleaning
Frequency
Units
i
cost
1
Catch Basin Cleaning
f
216 1$45.00
$9,720.00
f
i 1
$9,720.00
TOTAL
AMOUNT
$9,720.00
Should you have any questions, feel free to contact me at 213-359-3827. Looking forward to hearing
from you.
Sincerely,
7
a Norman
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.
OP ID: BE
CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DDIYYYY)
09/15/2020
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 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(sL
Capiai Insurance Agency, Inc.
License No. OB4533
P.O. Box 489
Downeyy, CA 90241-0489
CAPIZZI INSURANCE
INSURED _ -ROWS MAINTENANCE - ---
11542 HORLEY AVENUE
DOWNEY, CA 90241
E-MAIL - _-- -- __ -_fAIC, No
ADDRESS:
PRODUCER
CUST9mERID#__RONSMAI - -
INSURE SAFFORDING COVERAGE
_--_-_ NAIC# _
INSURER A : COLONY INSURANCE COMPANY
--- --
INSURER B: CALIFORNIA AUTOMOBILE INS _{38342
—_
INSURER C :
INSURERD: ---
INSURER E : - _. -_ - _•..__ _.._.
""•e- %jv_, 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.
----
LTR TYPE OF INSURANCE L --- __ -.._ � .. a (NMID�YYY MPSYuffi--._.-..wym UMfTS._
POLICY NUMBER
GENERAL LIABILITY
A
EACH OCCURRENCE g 1,000,0
X COMMERCIAL GENERAL_ LIABILITY X X 1103 GL 015362-04 D4AM—�,E
09!0712020 09!0712021RENTED
PREMISES
E. occurrence_--- 8 - 100,0'
CLAIMS -MADE LXJ OCCUR -----.
MED EXP (Any one person) $ 5,01
PERSONAL BADV INJURY g --.1,000,01
-
J-- -- I GENERAL AGGREGATE 2,000,01
GEN'L AGGREGATE LIMIT APPLIES PER. I - -- -.
PRODUCTS - COMP/OP AGG $ 2,000,01
X '
POLICY PRO- LOC MAX AGG $ _ 5,000,01
AUTOMOBILE LIABILITY
~�I COMBINED SINGLE LIMIT
B X ANY AUTO BA040000047562
_ 10!21/2020 (Edd
S 1,000,01
1
ALL OWNED AUTOS
- BODILY INJURY (Per person�S
SCHEDULED AUTOS j BODILY INJURY (Per accident) 9
X HIRED AUTOS PROPERTY DAMAGE $
(PER ACCIDENT)
X NON -OWNED AUTOS
X UMBRELLA LIAR X_ OCCUR ~ g
EXCESS LIAB I EACH OCCURRENCE 15 3,000,00
CLAIMS -MADE; L— -.-
A _ _-..-- XS4247342 AGGREGATE . is 3,000,0
- DEDUCTIBLE ! 09/0712020 09/07/2021 -----
RETENTION S_--
! WORKERS COMPENSATION g
AND EMPLOYERS' LIABILITY WC STATU- OTH-
ANY PROPRIETORIPARTNER/EXECUTIVE Y/
N 'TORY LIMITS;__ ER
OFFlCER/MEMBER EXCLUDED? ❑ ;NIA Ii I E.L. EACH ACCIDENT y
(Mandatory in NH) t ___ -- — _
If yes, describe under r E.L. DISEASE - EA EMPLOYE $
DESCRIPTION OF OPERATIONS below - —
-L. DISEASE - POLICY LIMIT ! $
IESCRIPTION OFHOPEgRAgTIONS! LOCRAoTlON /VEHICLES Attach ACORD 101 AddBiorW Remarks Schedule if More space is required)
CTY OF SEAL BEACH INAD AD L `N�.S�REDCLU IIN8 IAjA ' R OF
EN C
uy�tv'Vt I�S�BJEC I Pf�LICYRMSNTE U pEp1 pB4Y�13 ITT ONT&T PERFORMS
,CONDITIONS AND EXCLUSIONS.
SEALBEA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
CITY OF SEAL BEACH ACCORDANCE WITH THE POLICY PROVISIONS.
211 EIGHTH STREET
SEAL BEACH, CA 90740 AUTHORLEEDR�EPRREESENTATIVE
ACORD 25 (2009/09) The ACORD name and logo are registered marc sof ACORD RD CORPORATION. All rights reserved.
POLICYHOLDER COPY
SC
P.O. BOX 8192, PLEASANTON, CA 94588
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 10-20-2020
CITY OF SEAL BEACH Sc
211 8TH ST
SEAL BEACH CA 90740-6305
GROUP:
POLICY NUMBER: 1430157-2020
CERTIFICATE ID: 103
CERTIFICATE EXPIRES: 07-01-2021
07-01-2020/07-01-2021
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 upon 30 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 to 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.
Authorized Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2020-10-20 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED:
CITY OF SEAL BEACH
ENDORSEMENT #2065 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 07-01-2000 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
EMPLOYER
RON'S MAINTENANCE, INC. SC
11542 HORLEY AVE
DOWNEY CA 90241
[P18,H0]
(REV.7-2074) PRINTED : 10-20-2020