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HomeMy WebLinkAboutContracts & Agreements_30-2017 AGREEMENT FOR OFFICE EQUIPMENT MODIFICATION AND INSTALLATION This agreement to provide and install office furniture ("Agreement") is made and entered into this 10 day of February, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Quality Casework, Inc ("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 1 - ENGAGEMENT OF CONTRACTOR I I City hereby retains Contractor to supply and install furniture and remove and modify existing furniture at City's One Stop Permit Center and Customer Service offices located at 35 Capon Street, Suite 15A, Redlands, CA 92373 (the "Services") 1 2 Contractoi 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 22 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 Capon Street, Suite 15A (Mailing P O Box 3005), Redlands, California 92373 23 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 24 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 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1 1776 regarding payroll records maintenance, certifications, retention and inspection 26 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 27 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 28 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 Contractoi 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 refected 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 nninediately 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 perforin 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 all costs reasonably incurred by City to correct such conditions within thirty(30)days of the date of City's written notice to Contractor of the same ARTICLE 3 - PERIOD OF SERVICE 3 1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed " 3 2 Contractor shall complete the Services within ten (10) calendar days from and after the date of the City's issuance to Contractor of the Notice to Proceed 2 ARTICLE 4 - PAYMENT AND NOTICE 41 City shall pay Contractor the sum of Two Thousand Six Hundred Eighty Six Dollars ($2,686 00) as complete compensation for the Services 42 Payment 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 43 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing Any such notice shall be deemed delivered (i) on the date of delivery in person, (ii)five(5)days after deposit in first class registered snail,with return receipt requested, (ill) on the actual delivery date if deposited with an overnight courier, or (iv) on the date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail, in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section City Contractor Chris Diggs Elias Cortez Municipal Utilities and Engineering President City of Redlands Quality Casework, Inc 35 Cajon Street, Suite 15A 10965 1h Street, Suite 204 P O Box 3005 (mailing) Calimesa, CA 92320 Redlands, CA 92373 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 52 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 "B," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to performance of the Services 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 modification of coverage limits or cancellation of the policy except upon thirty 3 (30) days prior written notice to City A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services 54 Contractor shall secure and maintain in force throughout its performance of the Services business automobile Iiability 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 55 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 56 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 perfornmed 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 62 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 conmpletion of the Services 63 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 4 64 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Services by City 65 City may terminate this Agreement for any reason, at any time at its sole discretion, upon two (2) calendar days prior written notice to Contractor 66 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 67 This Agreement, including the exhibits incorporated by reference, represents the entire agreement and understanding between the Parties as to the smatters 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 68 This Agreement shall be governed by and construed in accordance with the laws of the State of California 5 IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement ANEnri EDLANDS Quality Casework, Inc Martinez, City an er E—Ij RC z,*President ATTEST JejffWDona1dson, City Clerk 6 EXHIBIT "A" Scope of Services Contractor will furnish, deliver, install, modify and remove, according to the following scope L.IG!€1011571 I?UR'Lity (951) 295-02 I8 1096 5TI i ST SUITE 204 CALIME"A C'A,92320 qualitycaseNvork�hotmatl Corn DATE 115/2017 TO City of Redlands 35 Cajon Street Suite 15A " IDjLA Redlands CA 92373 JOB NAME City of Redlands-Front Counter Modifications PHACE-1 AND PHACE-2 QTY1 LENGTH DESCRIPTION Price L I F I TOTAL Open Area-Front counter 1 2' REMOVE 2 SECTION OF COUNTERTOP,JOIN REMAINING EXISTING TOP $ 16000 1 72' REMOVE EXISTING ADA COUNTERTOP&SUPPORT $ 25000 1 1 NEW PARTITION $ 12000 1 1 NEW LOCATION FOR EXISTING PARTITION $ 9600 NEW 34"TALL ADA PL-LAMINATE COUNTERTOP & % S90 00 SUPPORT 19"GLERA SPACE FOR WHELELCHAIR 1 New officelremainina countertoD for existina cabinet 1 52' REMOVE EXISTING CABINET $ 19000 1 52" NEW LOCATION REMAINING EXISTING TOP $ 32000 WEEKEND INSTALATION $ 66000 I 131D IS tAPPROVED TOTAL BID $ 26860011 EXHIBIT "B" 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 §186 1) I affirm that at all tines, in perforirung 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 I shall provide the City with a certificate of consent to self-insure, or a certification of workers' compensation insurance I certify under penalty of penury under the laws of the State of California that the mfoririation and representations made in this certificate are true and correct Quality Casework, Inc Date By