AGREEMENT FOR SERVICES BETWEEN
THE CITY OF SALINAS AND PREMO ROOTING COMPANY
Facilities and Sign Shop Roof Replacement
THIS A(;REEMENT is executed this 6th day of J:une 2022, Agreement between the City of Salinas. a Califomia Charter city and municipal corporation (hereinafter "City") and Premo Roofing Company, a California corporation (Flereinafter "Contractor").
IT IS HERI,BY MUTUALLY AGRE,B,D AS FOLLOWS:
1 . Scope. Contractor hereby agrees to provide to the City, as the scope of services under this Agreement, the following services: Replacement ofroofs over the Sign Shop and Facilities buildings. Scope of work is further discussed in Attachment B and Contractor's Proposal dated 06/1t22, Attachment C contains the Denaftnrent of Industrial Relations informatio n.
2. Timeliness. Contractor shall perlorm all tasks in a timely fashion, as set forth more specifically in Section 3 below. Failure to so pedbrm is hereby deemed a material breach of this Agreement, and City may teminate this Agreement with no further liability hereunder, or the city may agree in writing with Contractor to an extension of time.
3. Term. The work under this Agreement shall commence upon council approval and shall be completed by 12-30-2022 unless City grants a wdtten extension of time as set forth in Section 2 above.
4. Pavment. City agrees to pay and Contractor agrees to accept as full and lair consideration for the perlormancc of this Agreement, One Hnndred and Nineteen Thousand Four Ilundred and Fifty Dollars $119.450 more fully described in title ofContractors fee schedule.
Attachment B Contractor has no right of rcimbursement lbr expenses under this Agreement.
Compensation shall become due and payable 30 days after City's approval of Contractor's submission of monthly written invoices to the City. The payment of any compensation shall be contingent upon performalce ofthe terms and oonditions of this Agreement to the satisfaction of the City. If City determines that the work set forth in the written invoicc has not been performed in accordance with the tems of this Agreemenl, city shall no1 be responsible for payment until suoh time as the work has been satisfactorily perlbrmed.
5. Meet & Confer. Contractor agrees to meet and confer with City or its agents or employees with regard to services as set for1h herein as may be required by city to insure timely and adequate performance of this Agreement.
6. Insurance. Contractor shall procure and maintain for the duration of this Agreement insurance meeting the requirements specified in Attachm t A hereto
7. Indemnification. Conlractor shall hold harmless, defend at its own expense, and ,{greemenl lbr Services v. January 2021
Premo Rooflng CoDrpi]lry
June 2022
Page I ofq
CITY OF SALINAS
Steve Carrigan
City Manager
APPROVED AS'I'O FORM:
Christopher A. Callihan, City Attorney, or
Rhonda Combs, Assistant City Attomey
C()N il{A
Irs (Title):
Agreenlcnl Ibr Scrviccs v. Jrnu.lry 2021
Premo Rooling Conrpiuv
Junc 2022
I'age I ofg
or on behalfofthe Contractor. General liability coverage can be provided in the tbrm ofan endorsement to the Contractor's insurance (at least as broad as ISO Form CG 20 10. CG 11 85 or both CG 20 10. CG 2026,CG 20 33, or CG 20 38: and CG 20 37 forms iflater revisions used).
2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurancc coveragc at least as broad as ISO CG 20 0l 04 13 as respects the City. its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers. olficials, employees, or volunleers shall be excess of the Contractor's insurance and shall not contribute with it.
3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.
4. A copy of the claims repofting requirements must be submitted by Contractor to the City.
5. Ifthe services involve lead-based paint or asbcstos identification/remediation. the Contractor's Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. Ilthe services involve mold identillcation/remediation, the Contraotor's Pollution Liability policy shall not contain a mold exclusion, and the definition ofPollution shall include microbial matter. including mold.
Acceptability of Ins ure rs
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.
Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire I'rom Contractor by virrue ofthe payment ofany loss. Contractor agrees to obtain any endorsement that may be necessary to allect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver ofsubrogation in favor ofthe City for all work perlbrmed by the Contractor. its employees. agcnts and subcontractors.
Verification of Cove rage
Contractor shall fumish the City with original Certificates of Insurance including an additional insured endorsement and all required amendatory endorsements (or copies ofthe applicable policy language elfecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the cGL policy listing all policy endorsements to city before work begins Flowever. failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies ofall required insurance policies, including endorsements, required by these specifications, a1 any time.
Subcontroclors
Contractor shall require and verify that all subcontractors maintain insurance meeting al1 the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.
Maintentnce of Ins urance
Maintenance ofinsurance by Contractor as specilied shall in no way be interpreted as relieving Agreeme l fbr Services v. January 2021
Premo Rool'ing Company
June 2022
ASrccDrcnl for Services v. .l^nLrary 2021
Premo Roofing Conrpany
JLrnc 2022
\ttlchmcnt IJ
PREMO
ROOFING
Office: (83r) 443-36o5 . premoroofing.com
235 ReindollarAve, Suite A, Marina, CA93933. Est. 1983 . Lice # 436265 P&rro
?R,A?OSAL AJ\TD
NAME: City of Salinas
ADDRESS: 426 Work Street, Salinas, GA 93901
JOB ADDRESS: Same (Sign Shop & Building Maintenance Shop) The undersigned agrees to furnish and provide necessary labor, materials, tools, to do, perform and complete in a good workmanlike manner the following:
June 7 , 2022
implements and appliances
fay[or S,letak ?tsR tvleta[T.oof ?anpb
Preparation:
'1. Provide and utilize safety harrlesses and roof mounted anchors as needed to perform work.
2. Provide ground warning system around perimeter of building of work being performed above.
3. Cover and protect interior workspaces with 6 Mil plastic suspended from ceiling.
4. Remove the existing metal panel roof system and dispose (Cut insulation from below if found to be needed for removal of panels).
5. Cut the top of existing wall panels that extend above roof line to allow for the installation of the new metal roof panels.
Main Roof lnstallation (Metal Panels):
'1. lnstall new 24-gauge pre-painted (Kynar 500 Factory Baked Enamel) eave flashing and secure in place (Existing substrate detail would have to allow for the installation of the new edge metal).
2. lnstall new Taylor 24 gauge pre-painted z4-gauge pre-painted (Kynar 500 Factory Baked Enamel) PBR metal roof panels over the entire roof area and secure to existing Steel & Wood girders with neoprene washer screws according to manufactureds required spacing.
3. Apply a strip of Butyl tape between each overlapping seam.
4. lnstall stich screws along seams according to manufacture/s required spacing
5. lnstall new compatible pipe and vent flashings at all roof penetrations and incorporate into the new metal roof system (Large custom vents are figured to be reused).
6. lnstall new pre-painted (Kynar 500 Factory Baked Enamel) rake flashing and secure in place.
7. lnstall new metal ridge cap over pre-formed factory closure strip.
Additional Details
'1 . Proposed bid price is for the Sign Shop & Building Maintenance buildings (Excludes small section of new metal roof panels at the North end of Building Maintenance Shop).
2. Close off or replace skylight panels as desired by the City of Salinas.
3. Remove and reattach existing gutters as needed for re-roofing.
4. lnstall new panels with a 6" overhang at perimeter eave locations.
5. Prevailing wage rates'Have Been'included in the proposed bid price.
All the above is to be completed for the sum of: $1 '19,450.00.
One Hundred Nineteen Thousand Four Hundred Fifty and NO/100 Cost Breakdown:
1. Building Maintenance Shop- $86,680.00 (lncludes No(h section previously excluded 1.150 sq ft. and removal of large roof vent)
2. Sign Shop- $32,770.00 (lncludes installing skylight panels where desired).
Exclusions:
1. Attic space venting (lntake and exhaust).
2. Replacement of existing spray foam insulation.
3. New gutters and downspouts.
4. Replacing of large roof mounted vent.
5. Remove of interior components of large roof vent.
6. Any additional labor or materials not outlined in the above Proposal & Contract ADDITIONAL TERiiS. CONDITIONS AND NOTICES THAT YOU, THE OWNER :
. lf needed, replacement of rotten sheathing is billed on a time and material basis (excluding painting). . Any asbestos discovered on the premise shall be the sole responsibility ofthe owner and Premo Roofing takes no responsibility with respect to the removal and/or disposal of the same. . lf it becomes necessary to institute suit or to employ an attorney in connection with any dispute arising under the terms and conditions of this contract, the prevailing party shall be entitled to recover all court costs and reasonable attorney's fees in addition to all damages proven. . lf terms and conditlons of Proposal & Contract are accepted, the owner ofthe property is required to sign below indicating acceptance of Proposal & Contract. lf an agent or someone other than the owner signs for approval on the owne/s behalf, a Preliminary Lien Notice will be filed and sent to owner of property (See Mechanic's Lien Law information shown below).
o ln the event you cancel the signed contract, after work has started, or materials ordered, a 10olo cancellation fee of the bid proposal amount shall be charged in addition to any incurred costs, permit fees, or accrued overhead expenses.
o The terms of payment shall be: Progress payments with balance due in full upon completion of work. . This proposal is void if not accepted within 30 days. o "Under the Mechanic's Lien Law (California Code of Civil Procedure, Section 1181 ET SEQ.), any contractor, subcontractor, laborer, supplier, or other person who helps to improve your property but is not paid for his work or supplies, has a right to enforce a claim against your property. This meansthat, aftera court hearing, your property could be sold by a court officer and the proceeds of the sale used to salisfy the indebtedness. This can happen even if you have paid your own contractor in full, if the subcontractor, laborer, or supplier remains unpaid."
Respectfully Submitted,
By
J
Company
L
s
se #436765
(-
You are herebv authorized to furnish all materials and labor reouired to comolete the work mentioned in the above proposdl for which l/we agree to pay the amount mentioned in the said proposal and in accordance with the terms thereof.
ACCEPTED AND AUTHORIZED BY
Date Signed
Signed
ACCEPTANCE
Date
Attachment C
DEPARTMENT OF INDUSTRIAL RELATIONS'STATE LABOR CODE
Labor Law Rcquirements
(CCR TitIe 8, Section 1642L)
This public works project is subject to compliance monitoring and enlorcement by the California Department of industrial Relations ("DIR"). A1l work shall bc in accordance with wage scales and applicable determinations made by the Director olthe DIR, as provided by Arlicle 2, Chaptcr l.
Division 2,Part7 of the Labor Code olthe State of California. comrncncing with $1771.
Penalties for violations may bc applied by the DIR pursuant 10 the Labor Code $1813 and $ 1815. The Contractor shall indemnily, hold harmless, and dcfend the City (with counsel reasonably approved by the City) against any claim lor damages, compensation, fines, penalties. or other amounts arising out ol the lailure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages as determined pursuant to Labor Code $ 1720, and hereby agrees to, $$ 1771-1774: to ernploy apprenticcs pursuanl to L,abor Code $ 1777.5 et seq., and/or to comply with the other applicable provisions oflabor Code $ 1720 et;gq., $$1771- 1114, 51777.5 et seq., and the implementing regulations ofthe DIR in connection with the scope of work. This indemnification section shall survive the expiration of the Term.
The Federal and State Labor Law requirements applicable to the Agreement are composed ol, but not limited, to the following items:
Payment of Prevailing Wage Rates: AII oontractors" including subcontractors, shall pay no less than the prevailing rate ol wages (Labor Code $1775), including the rates for holidal,s and ovedime work (Labor Code 8{1813 and l8l5). ro all workers employed in the execution of the contract (Labor Code $1774). pursuant to Labor Code $$1720-1784.
The prevailing rates are those issued as wage determinations by thc DIR. lor cach cralI. classification and type of r,,,ork. The curent wage rate information can be found at the DIR's website at: lrttns://wr,",u' .dir.ca.gov/oDr l/DPreWae cDetermination.htnr.
Copies ol the prevailing rale of per diem wages are on file at City,s public Works Department (principal place ofoffice). conlractor shall post a copy ofthe delermination of the Director of DIR of the prevailing ratc ofper diem wages at eachjob site.
Apprentices: contractor and subcontractors shall employ registered apprentices on this public works Agreement pursuant to Labor Code $1777.5. All contractors on this project (prime and subcontractors) are required to submit the Division of Apprenticeship Standards' C'DAS') Public Works Contract Award Inlormation (DAS 140) form to ail applicable apprenticeship committees no later than 1 0 days belore commencing work.
Additionally, all contractors are required to request registered apprentices (DAS 142 form).
Penalties for failure to pay prevailing wagcs (for non-exempt projccts) ancl failure to employ apprentices include lbrf'eitures and debarment under Labor Code s{1775 and 1177.7.
certified Payroll Records: All contractors, including subcontractors. must maintain and file cerlified payroll records ("cPRs") pursuant to I-abor code {1776. Additionally, all contractors and subcontractors must furnish certified payroll records into the DIR's Electronic Certified Payroll Rcporting (..eCpRs") database Agreement for Scrvices v. January 2021
Premo Roofing Company
.lunc 207?
2 J
htr s: //cli li n .dir.ca. r'/e(- PIt/ es/cCPROn lincForm. . Penalties apply toil s 1 Contractor and any Subcontractors for failure to do so under Labor Code $1777.
Subcontracting: Contractors are required to list all subcontractors hired to perform work on this public works agreement.
Proper Licensing/Registration: All contractors and subcontractors are required to be propcrly licensed, in accordance with the Provisions of Chapter 9 of Division 3 ol the Business and Prol'essions Codc and subject to the requirements of -ti4l04 ol the public Contract Clode. In addition. all contractors including subcontractors must submil proof of currenl rcgistration to perfbm public work, purst-lant to Labor Code $ 1 771 . I . Contractors are required to be properly lioensed and to requirc all subcontractors to be properly licensed. Irenalties lor employing workers while unlicenscd under Labor Code Q1021 and under the Clalilbrnia Contractors License Law found at Business and Professions Code $7000 et. scq.
Job Site Notices: Conrractors are required to post all required notices (posters) on thejob site in an area accessible to allworkcrs. including subcontractors. Posters must be readable and placed in visible areas allowing workers to access the posters before. during, and after work shills. Jobsites with multiple locations must include a pofiable poster board to ensure continued access to the infbrmation. Posters placed in foreman, supervisor, or employee vehicles, in an offsite job trailer, or inside a temporary restroom do not meet the posting requirenrent. Posters may be printed from the DIR's website at:
5 6
http://www.clir.ca ror /s prrodh.lrtnr I.
7. Nondiscrimination in Employment Equal Employment Opportunitl (,.EEO"):
Employmcnt discrimination is prohibited. pursuanr to Labor Code t 1777.6, the Governmcnt C-ode. and Titlc VII olthe Civil Rights Ac1 of 1964.
8. Kickbacks Prohibited: Contractors and subcontractors are prohibited tiom recapturing wages illegally by accepting or extracting "kickbacks" from employee wages pursuant to LaborCode$1778.
9. Acceptance of Fees Prohibited: contractors and subcontractors are prohibited from accepting lees lbr registering any person for public work or for filling work orders on public works contracts. pursuanr ro Labor Code $$ I 779 and 1780.
10. unfair competition Prohibited: contractors and subcontractors are prohibited from engaging in unf'air competition as specilied under Business and professions code $$17200 - 17208.
11. workers' Compensation: contractors and subcontractors must be properly insured for workers' compensation under l,abor code $1861. Contractor hereby represents that contractor is aware of the provisions ol Section 3700 of the Labor code. which require every employee to be insured against liability for workers" compensation or to undertake self-insurance in accordance with the provisions o1-that code. and contractor will comply with such provisions belore commencing the perlbrmance of the work of this agreement.
12. OSHA: Contractors and subcontractors must abide by the Occupational, Safety, and llealth Laws and regulations that apply.
Agreemenl fbr Serviccs v. JaJruary 2021
I'romo Roofing Compimy
Jure 2022