HomeMy WebLinkAboutContracts & Agreements_83-2014 AGREEMENT FOR OFFICE FURNITURE AND INSTALLATION SERVICES
This agreement for supply and installation of office partitions and furniture ("Agreement") is
made and entered into this 20t" day of May, 2014 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City"), and GIM Business Interiors ("Contractor"). City and
Contractor are sometimes individually referred to herein as a"Party" and,together, as the"Parties."
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to supply and install office partitions and furniture at the City's
Municipal Utilities and Engineering office (the "Services") located at 35 Cajon Street in the City
of Redlands.
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the performance of the Services, and shall not be debarred pursuant to Labor Code sections
1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are more particularly described in Exhibit
"A," which is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable federal, state and local laws and regulations in the
performance of the Services including, but not limited, to all applicable Labor Code and
prevailing wage laws and non-discrimination laws, and the Americans with Disabilities Act.
Pursuant to Labor Code section 1773.2, copies of the prevailing rates of per diem wages as
determined by the Director of the California Department of Industrial Relations for each craft,
classification or type of worker needed to perform the Services are on file at City's Municipal
Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A
(Mailing: P.O. Box 3005), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wages that City may enforce such provisions by withholding payments to Contractor or its
subcontractors pursuant to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any portion of the Services,
Contractor shall comply with Labor Code sections 1775 and 1777.7, and shall provide the
subcontractor with copies of the provisions of Labor Code sections 1771, 1775, 1776, 1777.5,
1813 and 1815. Contractor acknowledges that the statutory provisions establishing penalties for
failure to comply with state wage and hour laws and to pay prevailing wages may be enforced by
City pursuant to Labor Code sections 1775 and 1813.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
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regarding payroll records maintenance, certifications, retention and inspection.
2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5, 1813 and 1815.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a period of
(1) year from the date of City's issuance of a Notice of Completion for the Services, except where
longer warranty periods are specifically provided by manufacturer of equipment installed in
connection with the provision of the Services. During the (1) one year warranty period, should
Contractor fail to remedy defective material and/or workmanship, or to make replacements within
five (5) days after written notice by City, it is agreed that City may make such repairs and
replacement and the actual cost of the required labor and materials shall be chargeable to and
payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by the
Contractor at its own expense. Any defective material or workmanship which may be discovered
before final acceptance of the Services or within (1) one year from the completion date specified in
the Notice of Completion, shall be corrected immediately by Contractor at its own expense
notwithstanding that such defects may have been overlooked in previous inspections and estimates.
Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform
sound and reliable work as herein described. It is Contractor's responsibility to deliver at the time of
final acceptance a completed project that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor and its
surety shall reimburse City for costs reasonably incurred while attending the situation.
2.9 Contractor shall file a payment bond with City, prior to commencing the Services, in accordance
with Civil Code Section 9550. The form of the payment bond shall be as set forth in Exhibit "B"
attached hereto.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice
to Proceed."
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3.2 Contractor shall complete the Services within one hundred twenty (120) calendar days from and
after the date of the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Ninety Nine Thousand Seven Hundred Twenty Eight
Dollars and Seventy Seven Cents ($99,728.77) as complete compensation for the Services.
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor.
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City: Contractor:
Chris Diggs William F. Easley
Municipal Utilities and Engineering Department GIM Business Interiors
City of Redlands 1099 La Cadena Drive
P.O. Box 3005 Riverside, CA 92501
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bilis and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices are to
be given by giving notice pursuant to this section 4.3.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 All insurance required by this Agreement shall be maintained by Contractor throughout
Contractor's performance of the Services, and shall be primary with respect to City and non-
contributing to any insurance or self-insurance maintained by City.
5.2 Workers' Compensation and Employer's Liability insurance in the amount that meets statutory
requirements with an insurance carrier acceptable to City, or certification to City that Contractor
is self-insured or exempt from the workers' compensation laws of the State of California.
Contractor shall provide City with Exhibit "C," entitled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
5.3 Contractor shall secure and maintain in force throughout its performance of the Services
comprehensive general liability insurance, with carriers acceptable to City, with minimum
coverage of One Million Dollars ($1,000,000) per occurrence and Two Million Dollars
($2,000,000) aggregate for public liability, property damage and personal injury. City shall be
named as an additional insured and the insurance policy shall include a provision prohibiting
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modification of coverage limits or cancellation of the policy except upon thirty (30) days prior
written notice to City. A certificate of insurance and endorsements shall be delivered to City
prior to commencement of the Services.
5.4 Contractor shall secure and maintain in force throughout its performance of the Services business
automobile liability coverage, with minimum limits of One Million Dollars ($1,000,000) per
occurrence, combined single limit for bodily injury liability and property damage liability. This
coverage shall include all Contractor owned vehicles used for the Services, hired and non-owned
vehicles, and employee non-ownership vehicles. City shall be named as an additional insured
and the insurance policy shall include a provision prohibiting modification of coverage limits or
cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate
of insurance and endorsements shall be delivered to City prior to commencement of the Services.
5.5 Contractor shall indemnify, hold harmless and defend City and its elected officials, employees
and agents from and against any and all claims, losses and liability, including attorneys' fees,
arising from injury or death to persons or damage to property occasioned by any negligent or
intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in
performing the Services.
5.6 Contractor is expressly prohibited from assigning any of the work associated with the Services
without the prior written consent of City. In the event of agreement by the Parties to assign a
portion of the Services, Contractor shall add the assignee as an additional insured to its insurance
policies and provide City with the insurance endorsements prior to any work being performed by
the assignee. Assignment does not include printing or other customary reimbursable expenses
that may be provided for in this Agreement.
ARTICLE 6 -GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Services and not an employee of City. All personnel employed by
Contractor to perform the Services are for its account only, and in no event shall Contractor or
any personnel retained by it be deemed to have been employed by City or engaged by City for
the account of, or on behalf of, City. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the Parties.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
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and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Services and (2) deliver or otherwise make available to City, copies of any
data, design calculations, drawings, specifications, reports, estimates, summaries, and such other
information and materials as may have been accumulated by Contractor in performing the
Services. Contractor shall be compensated on a pro-rata basis for any work completed up until
notice of termination.
6.7 This Agreement, including the exhibits incorporated by reference, represents the entire
agreement and understanding between the Parties as to the matters contained herein and any
prior negotiations, proposals and agreements relating to the subject matter hereof are superseded
by this Agreement. Any amendment to this Agreement shall be in writing and approved by City
and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS G/M BUSINESS INTERIORS
By_
Pete ;Qui I ar, Mayor...... William F. Easley, Vice Pesident/CF'O
ATTEST:
Said Irwin, C-fty (;Aerk
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EXIBBIT «A»
Scope of Services
See attached
7
Quotation
AREAS A, B, I, G, E, F, CONF WALLS 5/13/2014 88600
CITY OF REDLANDS REDLANDS MUED OFFICE
P.O. BOX 3005 35 CAJON STREET
SUITE 15A
REDLANDS CA 92373 REDLANDS CA 92373
PATTY BAKER Phone: (909)798-7527 PATTY BAKER. Phone: (909)798-7527
Fax: Fax:
I acknowledge that I have Inspected color samples,fabrics and finishes specified for the products included In this order.I am satisfied
the products as specified are suitable for my intended purpose.I am fully aware that this is a custom order and It is non-returnable.
Legal title for my order will transfer upon receipt to my jobsite location,whether commercial or personal residence.The cost of Inside
delivery,staging,setting in place,assembly,leveling,cleaning,polishing and recycling of waste materials are additional services that
are quoted separately and are hereby elected as an additional contract option.
Lint Name
---- -- � ..,..� Date
*. . Systems 18 Desk Units 0i Tables Files 0 Chairs a Storage 0 Ancillary
QUOTE FOR GIM REDESIGN, PARTIAL DISASSEMBLE AND INSTALLATION OF NEW HERMAN MILLER CANVAS
FURNITURE, CONFERENCE ROOM WALLS
FOR: AREAS A, B. C, I, G, E, F, CONF WALLS
SCOPE OF WORK:
1) GIM TO RECONFIGURE AREA A ANDB EXISTING CANVAS WORKSTATIONS PER ATTACHED DRAWING
2) GIM TO PURCHASE NEW HERMAN MILLER CANVAS WORKSTATIONS FOR AREA E, F, 1,AND G PER ATTACHED
DRAWING
(8) EA NEW CANVAS PRIVATE OFFICES (AREA F)
(4) EA NEW CANVAS OPEN WORKSTATIONS(AREA E)
(4) EA NEW CANVAS OPEN WORKSTATIONS AND COUNTER (AREA 1)
3) GIM TO PURCHASE NEW WALLS FOR CONFERENCE ROOM
4) GIM WILL SPECIFY, PROCURE, RECEIVE, INSPECT, AND SET IN PLACE DURING NORMAL BUSINESS HOURS
MONDAY-FRIDAY
5)CUSTOMER WILL SUPPLY ELECTRICIAN
6)G/M WILL INSTALL PER ATTACHED CUSTOMER APPROVED DRAWINGS
7) PLEASE CONTACT PATTY BAKER TO SCHEDULE DELIVERY AND INSTALL
8)CUSTOMER IS SCHEDULE TO INSTALL NEW WALLS FOR PRIVATE OFFICES. G/M TO HAVE TO RE-MEASURE
SPACE ONCE NEW WALLS ARE INSTALLED PRIOR TO FURNITURE BEING ORDERED
***G/M CONSULTING FEES:***
Account Executive: Gayatri MorrisLamarris(cgmbi.nef) Project PAS: Martin Nguyen
AMA: () Page: 1 of 5
800-686-6583 800-686-6583 Fax:951-684-0837
GIM Business Interiors
1099 W. La Cadena Drive, Riverside CA,92501
http:i/www,mbi.net
FIRST TIME FURNITURE DESIGN DRAWINGS WILL BE AT NO COST TO THE CUSTOMER.
ANY ADDITIONAL DESIGN REVISIONS THAT ARE REQUESTED BY THE CUSTOMER WILL BE DONE ON AN HOURLY
RATE OF$55.00 PER MAN HOUR.
**'"INSTALLATION NOTES:
1)
2
8 i s s • � B
.. r WhbfWE1et11Afl�rB Etat L1Sii E:xt SSI $eIl Feet
LOT 1 AREA A 15,912.00 15,912.00 4,851.96 4,851.16
s• = m - Non Tax Srxds 7axaf}1e Srvcs Fret hf f7esl r�Fee :!
(1)EA CANVAS WORKSTATION .00 .00 .00 .00
1 EA RECONFIGURE OF THIS AREA PER ATTACHED DRRWING
r-
005'. WI9alWhatlllVhare list E.Isi SII wilt
,
,24232 00 24232 00 6,94D.55.E
LOT 1 AREA B6,940 55
2
® e toEi,Tax Srvcs Taxable 8rvcs Freight . Design l ee
(1)EA REMOVING EXISTING FRAMELESS GLASS AND 00
REPLACED WITH 22H FRAME GLASS TO RAISE WORKSTATION
HEIGHT TO 68h
RECONFIGURE PER ATTACHED APPROVED DRAWINGS
r
'> VEdh kaJlf�hOtlli'Vh� L1�t ' ' List Bxt SeIE &ell Ext,.
LOT 1 AREA E&F 75174.60 �. .a,.75174.0�
mm ^^` I 0 22,635.66 22,635.66
a- s � ! Nol-Tax Snres TexaCale Snres FretglEt [lesigh Fee
(4)EA NEW CANVAS WORKSTATIONS PER ATTACHED p A .00 'ms s .00 .00 .00
DRAWING
e
Account Executive: Gayatri Morris(gmorrls(q)_gmbi.neQ Project PAS: Martin Nguyen
AMA: 0 Page:2 of 5
800-686-6583 800-686-6583 Fax:951-684-0837
GIM Business Interiors
1099 W. La Cadena Drive, Riverside CA,92501
htL1/www.prnbi_net
`� ��flti�f�atl{te� LIQ' Lt�t Ext �I� mil Fit
LOT 1 AREA G 58,618.00 58,818.00 18,269.32 18,269.32
0
Nart Tex 5nr TaxBDle Srvaa Freight ; design Fee
(5)EA NEW CANVAS WORKSTATIONS PER ATTACKED .00 .00 .00 .00
DRAWINGS
WhaJWheWYhare ]:let List Ext Sell Sail Ext'
LOT ! AREA i 75,196.00 75,198.90 22,067.81 22,067.81
LOT!
® m �ai3--fax 51vr Taxable 5rvca Fra4ght Design Fee_;
(4)EA NEW CANVAS WORKSTATIONS ARID 2 COUNTER "_00 ,..ri. .00 _...a_ OUM
STATIONS PER ATTACHED DRAWINGS
W
Witcrl�dhatlWttere
LOT 7 CONFERENCE ROOM .00 .0D 12,076.73 72,076.73
a @ y ry W �Eort-Tax Sere Taxebfe 5�vc ^M^ TFreight 1ign Fey
(1)EA V WALL FOR CONFERENCE ROOM00
1 EA INSTALLATION OF VWALL
Account Executive: Gayatri Morris morris mbi.net Project PAS: Martin Nguyen
AMA: 0 Page:3 of 5
800-686-6583 800-686-6583 Fax:951-684-0837
GIM Business interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http://www.gmbi.net
LOT 0 Z GIM Reconfiguration Services �.00 .00 .00 .00
e felon Tax SrVcs Taxalite Srvcs 1= Ight t)es�gn Fee
INSTALL FEE FOR RECONFIGURATION OF AREAS A,B AND C. 2,265.63 . ., .00 .00 2,476.00
45 DESIGN HOURS @$55.00
GIM Furniture Planning Services,If applicable,Include field
measurements,drawing AutoCAD building shells,developing
typical workstations and private office standards,space planning
typlcals Into the floorplan,developing furniture color schemes,
order specifications and receiving client approvals for all
drawings and color schemes for order entry.
Gi Project Management Services Include drawings and field
measure checks,order scheduling&routing,electrical
consulting with contractors,field checks,monitoring construction
progress along with delivery,assembly,punchlist coordination
through final completion.
GIM Project Services include receiving and Inspecting of each
product,shipping damage adjudication with vendors,
transporting product If applicable,staging of products,delivery,
setting In place of all furniture,level clean and polishing of all
Items,vacuum floors and recycling of all waste products
assoclated with the furniture project.
F
GIM Punchilst Services Include formulation of the project
punchlist,ordering and receiving of punchlist products,and :
del ivory and assembly to finalize the punchlist and project.
GIM Warranty Services Department is provided to offer clients
our no-charge warranty service work for all furniture protected
undervalid factory warranties.GIM maintains electronic copies
Of our Client's Invoices for warranty enforcement.For service
requests,our Warranty Department may be contacted via e•ma€l
at vuarran mbl.net
91i,E. W:
3
s
.• `W11olgtfflatMiltere Llst� t.i9!EJtt Self Sell f=xt
LOT 1 BOND .00 .00 4,416.71 1,495.71
®- ' e Ntsn:TaxStvt� Taxable&rvos F1'e�lrt f3esign Fee '
BOND .00 .00 .00 .00
w 6 6 6 8 $88,4./65.94
Services (Taxable) $0.00
Freight(Taxable) $0.00
Account Executive: Gayatri Morris morris(22mbi.net) Project PAS: Martin Nguyen
AMA: 0
Page:4 of 5
600-686.6583 800-686-6583 Fax:951-684-0837
GIM Business Interiors
9099 W_La Cadena Drive, Riverside CA. "2501
http:l/www.gmbi.net
Services(Non-Taxable) $2,265.53
Project:App.Spec. (Non-Taxable) $2,475.00
. . $88,256.94
URI
IN
e $4,740.53
y. Moir
M 01 r ra
Sales Tax(6.000%) $6,731.30
Now Orderable
a
e, F $99,72
p
6
.77
)duct at Delivery-Std Terms I Invoice Servic+ s at Completion 100°Id $99,728.77
Account Executive: Gayatri Mo rris(grnorris(CD_gmbi.rtet} Project PAS: Martin Nguyen
AMA: 0 Page:5 of 5
800-686-6583 800-686-6583 Fax:951-684-0837
GIM Business Interiors
1099 W,La Cadena Drive, Riverside CA, 92501
htttp:llwww.gmbi.net
EXHIBIT "B"
LABOR AND MATERIAL PAYMENT BOND
Whereas, the City of Redlands, State of California,and GIM Business Interiors(hereinafter designated as
"Principal") have entered into an agreement (the "Agreement") whereby Principal agrees to install and complete
certain designated public improvements (the "Work"), which said agreement, dated May 20, 2014, and identified
as HUED Office Modification is hereby referred to and made a part hereof; and
Whereas, under the terms of said Agreement, Principal is required before commencing upon the
performance of the Work, to file a good and sufficient payment bond with the City of Redlands to secure the
claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil
Code of the State of California.
Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the
City of Redlands and all contractors, subcontractors, labordrs, material men and other persons employed in the
performance of the aforesaid Agreement and referred to in the aforesaid Code of Civil Procedure in the sum of
Ninety Nine Thousand Nine Hundred Eighty Six Dollars and Fifty Eight Cents ($99,9$6.58) for materials
furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to
such work or Iabor, that said surety will pay the same in an amount not exceeding the amount hereinabove set
forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the City of Redlands in
successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be
included in the judgment therein rendered.
It is hereby expressly-stipulated and agreed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file claims under Title 3 (commencing with Section 9000)of Part
6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon
this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the
terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on
this bond,and it does hereby waive notice of any such change, extension of time, alteration or addition.
In witness whereof, this instrument has been duly executed by the Principal and surety above named, on
,2014.
(SEAL) (SEAL)
(Contractor) (Surety)
BY:
(Signature) (Signature)
Address:
(Seal and Notarial Acknowledgment of Surety) Telephone( }
EXHIBIT FICC
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against liability to pay compensation by one or more insurers duly authorized
to write compensation insurance in this State.
(b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure,
either as an individual employer, or as one employer in a group of employers, which may be given upon
furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay
any compensation that may become due to his or her employees.
CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires 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 and activities required or permitted under this Agreement. (Labor Code
§1861).
I affirm that at all times, in performing the work and activities required or permitted under this
Agreement, I shall not employ any person in any manner such that I become subject to the workers'
compensation laws of California. However, at any time, if I employ any person such that I become
subject to the workers' compensation laws of California, immediately 1 shall provide the City with a
certificate of consent to self-insure, or a certification of workers' compensation insurance.
I certify under penalty of perjury under the laws of the State of California that the information and
representations made in this certificate are true and correct.
G/M Business Interiors Date:
By:
William F. Easley, 'Vice President/CFO