HomeMy WebLinkAboutC-5071 - Agreement for Repair and Installation Services for Roof Repair Installation at City FacilityAGREEMENT FOR REPAIR AND INSTALLATION SERVICES
WITH CRANK BROTHERS ROOFING COMPANY, INC. FOR ROOF REPAIR
INSTALLATION AT CITY FACILITY
THIS AGREEMENT FOR REPAIR SERVICES ( "Agreement ") is made and
entered into as of this ;-3 day of January, 2012 ( "Commencement Date ") by and
between the CITY OF NEWPORT BEACH, a California Municipal Corporation and
charter city ( "City"), and CRANK BROTHERS ROOFING COMPANY, INC., a California
corporation ( "Contractor'), whose principal place of business is 10015 Muirlands Blvd,
Suite E, Irvine, CA 92618 and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City requires roof repair and new roof installation services at a city owned facility,
located at 829 Harbor Island Drive.
C. City desires to engage Contractor to repair and replace roofing to two buildings
located at 829 Harbor Island Drive ( "Project ").
D. Contractor has examined the location of all proposed work, carefully reviewed
and evaluated the specifications set forth by the City for the Project, and is
familiar with all conditions relevant to the performance of services and has
committed to perform all work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM
The term of this Agreement shall commence on the Commencement Date, and shall
terminate on February 29, 2012, unless terminated earlier as set forth herein.
2. SCOPE OF WORK
2.1. City and Contractor acknowledge that the above Recitals are true and
correct and are hereby incorporated by reference. Contractor shall perform all the work
described in the Scope of Work attached hereto as Exhibit A and incorporated herein by
this reference ( "Services' or "Work "). As a material inducement to the City entering into
this Agreement, Contractor represents and warrants that Contractor is a provider of first
class work and Contractor is experienced in performing the Work contemplated herein
and, in light of such status and experience, Contractor covenants that it shall follow the
highest professional standards in performing the Work required hereunder and that all
materials will be of good quality. For purposes of this Agreement, the phrase "highest
professional standards" shall mean those standards of practice recognized by one or
more first -class firms performing similar work under similar circumstances.
2.2. Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and
all utility and transportation services necessary for the Project.
3. TIME OF PERFORMANCE
3.1. Time is of the essence in the performance of Services under this
Agreement and Contractor shall perform the Services in accordance with the schedule
included in Exhibit A. The failure by Contractor to strictly adhere to the schedule may
result in termination of this Agreement by City.
3.2. Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Consultant's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice to the other party so that all delays can be addressed.
3.3. Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator not later than two (2) calendar days after the start
of the condition that purportedly causes a delay. The Project Administrator shall review
all such requests and may grant reasonable time extensions for unforeseeable delays
that are beyond Consultant's control.
3.4. For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
telephone, fax, hand - delivery or mail.
4. COMPENSATION
4.1. City shall pay Contractor for the Services on a time and expense not -to-
exceed basis, in accordance with the provisions of this Section and the Schedule of
Billing Rates attached hereto as Exhibit B and incorporated herein by reference. No
rate changes shall be made during the term of this Agreement without the prior written
approval of the City. Contractor's total compensation for Services performed in
accordance with this Agreement, including all reimbursable items, shall not exceed
Twenty Eight Thousand Five Hundred Ninety Four Dollars and 00 /100
($28,594.00) without written amendment to the Agreement.
5. ADMINISTRATION
This Agreement will be administered by the Municipal Operations Department.
Operations Support Superintendent or his /her designee shall be the Project
Administrator and shall have the authority to act for City under this Agreement. The
Project Administrator or his /her authorized representative shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
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6. TYPE AND INSTALLATION OF MATERIALS /STANDARD OF CARE
6.1. Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
in Exhibit A shall not be installed unless approved in advance by the Project
Administrator.
6.2. All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a
manner commensurate with highest professional standards. All Services shall be
performed by qualified and experienced personnel who are not employed by City, nor
have any contractual relationship with City.
7. RESPONSIBILITY FOR DAMAGES OR INJURY
7.1. City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or
its subcontractors, or its workers, or anyone employed by either of them.
7.2. Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the
Work of any subcontractor or supplier selected by the Contractor.
7.3. To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties') from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorney's fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims "), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Contractor's presence or
activities conducted on the Project (including the negligent and /or willful acts, errors
and /or omissions of Contractor, its principals, officers, agents, employees, vendors,
suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of
them or for whose acts they may be liable or any or all of them).
7.4. Notwithstanding the foregoing, nothing herein shall be construed to
require Contractor to indemnify the Indemnified Parties from any Claim arising from the
sole negligence or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorney's fees in any action
on or to enforce the terms of this Agreement. This indemnity shall apply to all claims
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and liability regardless of whether any insurance policies are applicable. The policy
limits do not act as a limitation upon the amount of indemnification to be provided by the
Consultant.
7.5. Contractor shall perform all Project Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original
condition and former usefulness as soon as possible, and to protect public and private
property. Contractor shall be liable for any private or public property damaged during
the performance of the Project Work.
7.6. To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
7.7. The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
8. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor its
employees are to be considered employees of the City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Contractor shall have the responsibility for and control over the means of performing the
Work, provided that Contractor is in compliance with the terms of this Agreement.
Anything in this Agreement that may appear to give City the right to direct Contractor as
to the details of the performance or to exercise a measure of control over Contractor
shall mean only that Contractor shall follow the desires of City with respect to the results
of the Services.
9. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the Work
to be performed. City agrees to cooperate with the Contractor on the Project.
10. INSURANCE
10.1. Without limiting Contractor's indemnification of City, and prior to
commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. The cost of such insurance
shall be included in Contractor's bid.
10.2. Coverage and Limit Requirements.
10.2.1. Workers' Compensation. Contractor shall maintain Workers'
Compensation Insurance providing statutory benefits and employer's liability insurance
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with limits of at least one million dollars ($1,000,000) each type for Contractor's
employees in accordance with the laws of the State of California, Section 3700 of the
Labor Code. In addition, Contractor shall require each subcontractor to similarly
maintain Workers' Compensation Insurance and Employer's Liability Insurance in
accordance with the laws of the State of California, Section 3700 for all of the
subcontractor's employees. The insurer issuing the Workers' Compensation insurance
shall amend its policy by endorsement to waive all rights of subrogation against City, its
elected or appointed officers, agents, officials, employees and volunteers. Contractor
shall submit to City, along with the required certificate of insurance, a copy of such
waiver of subrogation endorsement.
10.2.2. General Liability. Contractor shall maintain commercial general
liability insurance in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) General Aggregate and two million dollars
($2,000,000) Products and Completed Operations Aggregate for bodily injury, personal
injury, and property damage, including without limitation, blanket contractual liability.
Coverage shall be at least as broad as that provided by Insurance Services Office form
CG 00 01. None of the policies required herein shall be in compliance with these
requirements if they include any limiting endorsement that has not been first submitted
to City and approved in writing.
10.2.3. Automobile Liability. Contractor shall maintain automobile
insurance covering bodily injury and property damage for all activities of the Contractor
arising out of or in connection with Work to be performed under this Agreement,
including coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit for each accident.
10.2.4. Builders Risk. For Agreements or Contracts with
Construction /Builders Risk property exposures, Contractor shall maintain Builders Risk
insurance or an installation floater as directed by City, covering damages to the Work
for "all risk" or special form causes of loss with limits equal to one hundred percent
(100 %) of the completed value of contract, with coverage to continue until final
acceptance of the Work by City. At the discretion of City, the requirement for such
coverage may include additional protection for Earthquake and /or Flood. City shall be
included as an insured on such policy, and Contractor shall provide the City with a copy
of the policy.
10.3. Other Insurance Provisions or Requirements.
10.3.1. Evidence of Insurance. Contractor shall provide certificates of
insurance to City as evidence of the insurance coverage required herein; along with a
waiver of subrogation endorsement for workers' compensation and an additional
insured endorsement for general liability. Insurance certificates and endorsements
must be approved by City's Risk Manager prior to commencement of performance or
issuance of any permit. Current evidence of insurance shall be kept on file with City at
all times during the term of this Agreement. All of the executed documents referenced in
this Agreement must be returned within ten (10) working days after the date on the
"Notification of Award," so that the City may review and approve all insurance and bond
Crank Brothers Roofing Company, Inc. Page 5
documentation. City reserves the right to require complete, certified copies of all
required insurance policies, at any time.
10.3.2. General liability insurance provisions. Primary and excess or
umbrella liability policies are to contain, or be endorsed to contain, the following
provisions:
10.3.2.1. City, its elected or appointed officers, agents,
officials, employees, and volunteers are to be covered as additional insureds as
respects: liability arising out of activities performed by or on behalf of Contractor,
including the insured's general supervision of Contractor; products and completed
operations of Contractor; premises owned, occupied or used by Contractor. The
coverage shall contain no special limitations on the scope of protection afforded to City,
its elected or appointed officers, officials, employees, agents or volunteers. Contractor
shall submit to City a copy of the additional insured endorsement along with the
required certificates of insurance.
10.3.2.2. Contractor's insurance coverage shall be
primary insurance and /or primary source of recovery as respects City, its elected or
appointed officers, agents, officials, employees and volunteers as respects to all claims,
losses, or liability arising directly or indirectly from the Contractors operations or
services provided to the City. Any insurance or self- insurance maintained by City, its
officers, officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
10.3.2.3. Contractor's insurance shall apply separately to
each insured against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
10.4. Acceptable Insurers. All insurance policies shall be issued by an
insurance company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders' Rating
of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the
latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk
Manager.
10.5. Notice of Cancellation. Contractor agrees to oblige its insurance broker
and insurers to provide to City with 30 days notice of cancellation (except for
nonpayment for which 10 days notice is required) or nonrenewal of coverage for each
required coverage except for builders risk insurance. The builder's risk policy will
contain or be endorsed to contain a provision providing for 30 days written notice to City
of cancellation or nonrenewal, except for nonpayment for which 10 days notice is
required.
10.6. Self- Insured Retentions. Contractor agrees not to self- insure or to use any
self- insured retentions on any portion of the insurance required herein and further
agrees that it will not allow any indemnifying party to self- insure its obligations to City. If
contractor's existing coverage includes a self- insured retention, the self- insured
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retention must be declared to City. City may review options with the contractor, which
may include reduction or elimination of the self- insured retention, substitution of other
coverage, or other solutions. Contractor agrees to be responsible for payment of any
deductibles on their policies.
10.7. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of any claim made or suit instituted arising out of or resulting from Contractor's
performance under this agreement.
10.8. Waiver. All insurance coverage maintained or procured pursuant to this
agreement shall be endorsed to waive subrogation against City, its elected or appointed
officers, agents, officials, employees and volunteers, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Contractor hereby waives its
own right of recovery against City, and shall require similar written express waivers and
insurance clauses from each of its subcontractors.
10.9. Enforcement of Contract Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of the City to inform Contractor of
non - compliance with any requirement imposes no additional obligations on the City nor
does it waive any rights hereunder.
10.10. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by any insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type.
10.11. City's Remedies. City shall have the right to order the Contractor to stop
Work under this Agreement and /or withhold any payment(s) that become due to
Contractor hereunder until Contractor demonstrates compliance with the requirements
of this article. In the alternative, City may purchase the required coverage and charge
Contractor the cost of the premiums or deduct the cost from Contractor's payments.
10.12. Coverage not Limited. All insurance coverage and limits provided by
contractor and available or applicable to this agreement are intended to apply to the full
extent of the policies. Nothing contained in this agreement or any other agreement
relating to the city or its operations limits the application of such insurance coverage.
10.13. Coverage Renewal. Contractor will renew the coverage required here
annually as long as Contractor continues to provide any Services under this or any
other contract or agreement with the City. Contractor shall provide proof that policies of
insurance required herein expiring during the term of this Agreement have been
renewed or replaced with other policies providing at least the same coverage. Proof that
such coverage has been ordered shall be submitted prior to expiration. A coverage
binder or letter from Contractor's insurance agent to this effect is acceptable. A
certificate of insurance and /or additional insured endorsement as required in these
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specifications applicable to the renewing or new coverage must be provided to City
within five days of the expiration of the coverages.
11. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California, not
less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the Contract shall be paid to all workmen employed on the Work to
be done according to the Contract by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the Contract. A copy of said determination is
available by calling the prevailing wage hotline number (415) 703 -4774, and requesting
one from the Department of Industrial Relations. The Contractor is required to obtain
the wage determinations from the Department of Industrial Relations and post at the job
site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or
any subcontractor under him /her to comply with all State of California labor laws, rules
and regulations and the parties agree that the City shall not be liable for any violation
thereof.
12. SUBCONTRACTING
City and Contractor agree that subcontractors may be used to complete the Work
outlined in the Scope of Work provided the Contractor obtains City approval prior to the
subcontractor performing any work. Contractor shall be fully responsible to City for all
acts and omissions of the subcontractors. Nothing in this Agreement shall create any
contractual relationship between City and subcontractor nor shall it create any obligation
on the part of City to pay or to see to the payment of any monies due to any such
subcontractor other than as otherwise required by law.
13. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of the
dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his /her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
14. CONFLICTS OF INTEREST
14.1. The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to
disclose any financial interest that may foreseeably be materially affected by the Work
Crank Brothers Roofing Company, Inc. Page 8
performed under this Agreement, and (2) prohibits such persons from making, or
participating in making, decisions that will foreseeably financially affect such interest.
14.2. If subject to the Act, Contractor shall conform to all requirements of the
Act. Failure to do so constitutes a material breach and is grounds for immediate
termination of this Agreement by City. Contractor shall indemnify and hold harmless
City for any and all claims for damages resulting from Contractor's violation of this
Section.
15. NOTICES
15.1. All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the
deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as
hereinafter provided. All notices, demands, requests or approvals from Contractor to
City shall be addressed to City at:
Attn: Municipal Operations Department
Operations Support Superintendent
City of Newport Beach
3300 Newport Blvd.
PO Box 1768
Newport Beach, CA 92658
Email: jauger @newportbeachca.gov
Phone: 949- 718 -3477
Fax: 949 - 650 -0747
15.2. All notices, demands, requests or approvals from City to Contractor shall
be addressed to Contractor at:
Attn: Dan Stites
10015 Muirlands Blvd, Suite E
Irvine, CA 92618
Email: Click here to enter text.
Phone: (949) 548 -5569
Fax: (949) 305 -4653
16. NOTICE OF CLAIMS
16.1. Unless a shorter time is specified elsewhere in this Contract, before
making its final request for payment under the Contract, Contractor shall submit to City,
in writing, all claims for compensation under or arising out of this Contract. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Contract except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for
payment. The Contractor and the City expressly agree that in addition to all claims filing
requirements set forth in the Contract and Contract Documents, the Contractor shall be
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required to file any claim the Contractor may have against the City in strict conformance
with the Tort Claims Act (Govt. Code §§ 900 et seq.).
17. TERMINATION
17.1. In the event that either party fails or refuses to perform any of the
provisions of this Agreement at the time and in the manner required, that party shall be
deemed in default in the performance of this Agreement. If such default is not cured
within a period of two (2) calendar days, or if more than two (2) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within two (2) calendar days after receipt of written
notice of default, specifying the nature of such default and the steps necessary to cure
such default, the non - defaulting party may terminate the Agreement forthwith by giving
to the defaulting party written notice thereof.
17.2. Notwithstanding the above provisions, City shall have the right, at its sole
discretion and without cause, of terminating this Agreement at any time by giving seven
(7) calendar days prior written notice to Contractor. In the event of termination under
this Section, City shall pay Contractor for Services satisfactorily performed and costs
incurred up to the effective date of termination for which Contractor has not been
previously paid. On the effective date of termination, Contractor shall deliver to City all
materials purchased in performance of this Agreement.
Contractor agrees that the roofing installed pursuant to this Agreement shall be covered
by a seven year wear warranty as outlined in the Warranty Information, attached hereto
as Exhibit C and incorporated in full by this reference.
19. STANDARD PROVISIONS
19.1. Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted.
19.2. Waiver. A waiver by City of any term, covenant, or condition in the
Contract shall not be deemed to be a waiver of any subsequent breach of the same or
any other term, covenant or condition.
19.3. Integrated Contract. This Contract represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and Contracts of whatsoever kind or nature are merged herein.
No verbal Contract or implied covenant shall be held to vary the provisions herein.
19.4. Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Contract and the Exhibits attached hereto, the terms of
this Contract shall govern.
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19.5. Amendments. This Contract may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
19.6. Effect of Contractor's Execution. Execution of this Contract by Contractor
is a representation that Contractor has visited the Project Site, has become familiar with
the local conditions under which the Work is to be performed, and has taken into
consideration these factors in submitting its Project Proposal and Scope of Work.
19.7. Controlling Law and Venue. The laws of the State of California shall
govern this Contract and all matters relating to it and any action brought relating to this
Contract shall be adjudicated in a court of competent jurisdiction in the County of
Orange.
19.8. Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex or age.
19.9. Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
19.10. Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
19.11. No Attorney's Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorney's fees.
19.12. Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one and the same instrument.
[SIGNATURES ON NEXT PAGE]
Crank Brothers Roofing Company, Inc. Page 11
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM: CITY OF NEWPORT BEACH,
OFFICE OF THE CITY ATTORNEY A California municipal corporation
Date: 1 /11 /IZ
By: By: ' /// 14inn�*�
Aaron C. arp L4k �fflti Mark Harmon
City Attorney Municipal Operations Director
ATTEST:
Date:
Leilani 1. Brown
City Clerk
e
CONSULTANT: Crank Brothers Roofing
Company, Inc., a California corporation
Date: _/ / �2 D l Z
Bye''
David Ludwi
President
Date: /// –9/—.2 0T
By:
Dan Stites
Treasurer
[END OF SIGNATURES]
Attachments: Exhibit A - Scope of Work/ Schedule
Exhibit B - Schedule of Billing Rates
Exhibit C - Warranty Information
document14.7.11
Crank Brothers Roofing Company, Inc. Page 12
EXHIBIT A
Scope of Work
Scope of Services
Building #1 and Building #2
1. Remove existing wood shingles and composition roofing materials and haul
away.
2. Install new one half inch OSB sheathing.
3. Replace any damaged wood, e.g. shiplap and fascia boards, including dry rot
and termite infestation, in accordance with the attached Unforeseen Conditions
and Hidden Damage Policy (B -4).
4. Prime and paint all exposed wood to match existing.
5. Install one layer of 30 pound felt paper.
6. Install new composition roofing material (Malarkey 30 year warranty) color to
match existing.
7. Install matching hip and ridge trim.
8. Furnish and install all required jack, flashing, valleys, tile pans, vent pipes, and
chimney saddles. Paint to match roofing materials.
9. Furnish and install baked enamel drip edge metal.
To Flat Roof on Building #2
10.Tear off existing roofing and install one Self- adhering Flintlastic base sheet, one
Self- Adhering Ply and one Self- Adhering Capsheet.
A -1 I Page
EXHIBIT B
Schedule of Billing Rates
Building #1
Re -roof with the above roofing application installing a 30 year Malarkey
Composition Shingle.
Subtotal
$ 8,697.00
Building #2
Tear off two layers of roofing, install OSB, install one layer of 30 pound felt
and a 30 year Malarkey Composition Shingle with new flashings and new
edge metal.
To Flat Roof:
Tear off existing roofing and install one Self- adhering Flintlastic base sheet,
one Self- Adhering Ply and one Self- Adhering Capsheet.
Subtotal
$ 16,897.00
Incidentals Not to exceed):
$ 3,000.00
TOTAL
$ 28,594.00
B-1 I Page
Crank Brothers
'Roofing Company, Inc. Page to of tt
CONTRACT AGREEMENT
SCHEDULE of PREVAILING RATES
Effective January 1, 2011
The following Schedule of Prevailing Rates is divided into two separate sections: Contractor's
Cost and Contractor's Fee. The Contractor's Cost section represents Crank Roofing's total
cost for 'Unit Rate' items, Time and Material' items, and Subcontracts, and is alt - Inclusive of
employee wages, benefits, burdens, material, and overhead costs. Time and Material items are
to be used for those items that are not listed under the Unit Rates classification. The
Contractor's Fee section represents the mark up to be applied to all Contractor's Costs.
Actual Billing Rates to the customer are calculated as Contractor's Cost plus Contractor's Fee.
A. CONTRACTOR'S COST
-1. Unit Rates
.Item
Cost
•:
Stucco Repair (textured, paint -ready; $200.00 Minimum)
$35.00 /sq ft
•}
Stucco Repair (textured, color coat match; $300.00 Minimum)
$45.00 /sq it
¢•
Drywall Repair (textured, unprimed; $200.00 Minimum)
$16.00 /sq it
- - G
Wood. Repair (basic, exposed wood primed) -
$7.251board foot _
Wood repair rates are subject to the following
- -
adjustments based on 'difficulty' of Installation:
o (adder work, heights greater than ten feet,
or roof slopes greater than 4/12:
2.0 multiple
-
o Heights greater than 20 feet, scabbing, sistering,
penetrations, or roof slopes greater than 6112:
3.0 multiple
{
Metal Flashing Installation (galvanized or bonderized)
$1.751111width (Inches)
-
Calculated as $1.75 x equivalent width of flashing
in inches, per foot of length. Equivalent width is
actual width plus one additional inch per bend.
For example, a 2 Inch x 3 inch flashing with one bend
-
would be (2 +3+1) or 6 times $1.75 equals $10.50 /foot.
_ C• Roofing tile repair /replacement
(most Gay and concrete tiles)
$15.00 per piece
including labor & material
- B- 2IPage
Crank Brotheirs
Page tt of t1
Roofing Company, Inc.
CONTRACT AGREEMENT
SCHEDULE of PREVAILING RATES
<• Power Washing ($300.00 Minimum)
$0.75/sq ft
Power washing rates are subject to the following
_ adjustments based on 'difficulty of project:
o Ladder work, greater than one story,
' or roof slopes greater than 4/12:
2.0 multiple
c Heights greater than 20 feet, heavy build up,
or roof slopes greater than 6/12:
3.0 multiple
4 Dust/moisture protection (plastic sheeting, $200.00 Minimum)
$0.301sq ft of sheeting
4• Painting ($200.00 Minimum)
$0.851sq f boat
2. Time and Material Costs
Item
Cost
Labor
Superintendent
$96.00 /hr
' Foreman
$84.00/hr
Journeyman
$71.00/hr
. Helper
$53.00/hr
h Material
Cost (incl. Tax) + 15 1h
. 3. Subcontracts
a Subcontracts
Cost +15%
B. CONTRACTOR'S FEE 10% of Contractor's Cost
The above rates are effective on and after the date shown above, and are subject to periodic
review and adjustment by Crank Roofing. All items shown as fixed rates or percentages of other
costs are not subject to audit.
B- 3 Page
Crank Blrotheirs PROJECT/
(Roofing Company, Inc, Cu3TamER: 11 -1132 City of Newport Beach Page 9 of 11
C6NTRACT AGREEMENT
UNEXPECTED CONDITIONS and HIDDEN DAMAGE POLICY
i Occasionally,.during the construction process, we may encounter unexpected conditions that could not have
reasonably been anticipated pdor to the commencement of construction. These conditions could Include but are not
limited to irregularities in the existinirconstruction, dry rot, termite damage, settling or foundation movement,
decaying siding, crumbling stucco, or internal obstacles such as plumbing or electrical wires. Occasionally; building .
inspoctors will require changes to be made that were not anticipated In the project plan and scope of work. In such
cases,, it may be necessary to correct these conditions before the project: can be completed.
The original Agreement did not anticipate the time nor cost necessary to correct these unexpected conditions. In
such an event, Crank Rooting's policy is as follows:
I . If the :repairs or modifications are required to meet code or industry standards (including but not limited to
building Inspector requirements; dry tot; and termite damage), and can be made by Crank Rooting, the extra
work will be done without additional, authorization from the Customer, at an additional cost, on a "time and
materials" basis. Time and materials roles areas set forth in the attached Schedule of Prevailing Rates..
2. If repairs or modifications to correct these- unexpected: conditions other than .those set forth In Paragraph 1
above can be made by, Crank Roofing, Drank Roofing will advise the Customer, and upon the customer's
approval the extra work will be done at an additional cost. on a Ime and materials" basis, or it the scope
i can be cleady, defined, on a mutually agreed fixed price. Time and materials'rates are as set forth in the
attached Schedule of Prevailing Rates; or
3. R Crank Roofing is unable to make the repairs or modifications, Crank. Roofing will advise the Customer,
and upon the customer's approval will contract with the appropriate specialty service provider to have the
work done. Crank Roofing will be reimbursed. by Customer in accordance with the attached Schedule of
Prevailing Rates;.or
` .. 4. The customer may make the repairs or modifications.himself, or hire his am contractor at his expense; or
S. If it proves unfeasible or too easily to make the•repairs or modifications, the Customer agrees to be
'responsible for the cost to put that portion of the project back to its original condition and to reimburse Crank
Roofing for the Product (e.g., window or door) that was ordered for this location even though it cannot be
--., - installed (since it will have been custom -built to the customer's specifications, and is therefore of no value to
Crank Roofing).
Under any condition, the project schedule shat be adjusted to allow for the agreed additional work.
I have read and understood the above policy, and agree to Its terms.
I �
Customer's Signature - Date -
-- - — ----- ---- __ - - B-4 I P age
EXHIBIT C
WARRANTY
Crank Roofing Installation and Workmanship Warranty Period: 7 yrs
Crank Roofing warrants that it will perform its services in accordance with the standards of care and
diligence normally practiced by recognized contracting firms in performing services of a similar nature in
existence at the time of performance of the services. Crank Roofing shall properly perform, at the written
request of the Customer, all corrective services within the original scope necessary to conform to the
foregoing guarantee at any time during the Warranty period specified on Page 10 of this Agreement,
beginning on the date of Job Completion, (unless superseded by a supplemental written Crank Roofing
Warranty). All costs incurred by Crank Roofing in performing such corrective services shall be reimbursed
by Customer at cost, in accordance with the attached Schedule of Prevailing Rates. Customer will be
charged a service fee of $50 for each call to the jobsite which will be credited to any repairs made at that
time. All costs for warranty repair may be waived at the sole discretion of Crank Roofing. Vendor and
manufacturer warranties will pass directly to the Customer and Crank Roofing's sole obligation with
respect to such warranties shall be to provide support to the Customer in enforcing them. Crank Roofing
shall be reimbursed by the Customer for such support at cost, in accordance with the attached Schedule
of Prevailing Rates. This limited warranty does not apply or extend to any failure, defect or damage
arising from or connected with, without limitation, neglect, misuse, application of paint, coatings, solvents
or cleaners, chemical attack from other materials in the property, such as concrete efflorescence, owner
failure to provide reasonable necessary maintenance to prevent an accumulation of surface dirt or debris,
consequential, incidental or special damages of any kind whatsoever, including damage to the interior or
exterior of any building or to any property contained in or near it, defects, failure or damages due to
settlement, movement, earthquakes, wind, lightning, hail, fires and all Acts of God, accidental or
intentional damage, vandalism and all other causes beyond the reasonable control of Crank Roofing. This
is the sole warranty for Crank Roofing's services and Crank Roofing makes no other warranties, express
or implied. Crank Roofing shall in no event be liable for consequential or incidental or special damages of
any kind.
NOTE: Crank Brothers Roofing Company does not provide any warranty for leak repairs.
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