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HomeMy WebLinkAboutContracts & Agreements_80-2017 AGREEMENT FOR OFFICE EQUIPMENT INSTALLATION This agreement is to provide and install office furniture at the City's wastewater treatment plant ("Agreement") is made and entered into this 22"a day of April, 2017 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and PSA Laboratory Furniture, LLC ("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 1 1 City hereby retains Contractor to supply and install laboratory furniture at City's wastewater treatment plant offices located at 1950 Nevada Street, Redlands, CA 92373 (the"Services") 12 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 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 Cajon 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 Laboi Code section 17716 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 subcontractoi 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 I 25 Contractor and its subcontractors shall comply with the provisions of Labor Code section 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 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 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 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 ARTICLE 3 -PERIOD OF SERVICE 3 1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed" 32 Contractor shall complete the Services in a prompt and diligent manner 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 Thirty Eight Thousand Five Hundred Thirty Seven Dollars ($38,537) 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 mail,with return receipt requested, (iii) 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 Michael Worth Municipal Utilities and Engineering Project Manager City of Redlands PSA Laboratory Furniture, LLC 35 Cajon Street, Suite 15A 2100 South Calhoun Road P O. Box 3005 (mailing) New Berlin, WI 53151 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 "C," entitled "Workers' Compensation Insurance Certification," which is attached hereto and incorporated herein by this reference prior to commencement 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 (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 liability coverage, with minimum limits of One Million Dollars ($1,000,000)per occurrence, combined single lima 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 oz 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 Lability, 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 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 completion 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 If City terminates this Agreement without cause, after a custom materials order has been placed, City shall receive and shall pay Contractor for said materials 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 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 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 C4REDLANDS PSA Laboratory Furniture LLC Be , City anage ichael Worth, Project Manager ATTEST .lune Donaldson, City Clerk 6 EXHIBIT "A" Scope of Services Contractor shall furnish, deliver, and non-mechanically install materials shown in Exhibit"D" including a return trip fot second phase installation Installation excludes setting and connection of all mechanical, electrical, plumbing, piping, HVAC connections,ventilation, fixtures, fittings, sinks,traps, blowers, ductwork, pipe and conduit EXHIBIT "C" 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 X 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 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 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 perjury under the laws of the State of California that the information and representations made in this certificate are true and correct PSA Laboratory Furniture LLC Date ;040 f 7 By �� Exhibit 'D 3/0� /—��� / / /✓� / /i //lfILLLl; t A / > 1. _ � � �n�i`ic�irm�.�i•CP ��� / h - il I Ir 11 j L f c 4•t Y 'I c 1 t-2 l !.Yi 'I mss Ic t , / , W _........._. r 7 f =0 t,_- i T a rn 1 I I r,.r ) 1,7 1 n r, I r r ') , 1 I .E l .G f 9 , l..rW1 IoI ] P I L m 1 [ E I Th, 71V /A I !t%r 11 lee h I 1O 1c,LU7 f 1 I ppI ppE /, % CD u1 p1 � �IevatiOn 8 \ ✓� / 3CjpLn ...._._� 07D-9£SSP. Dy0-LyS�E3 Ln I" —I Co C c / t .... 1 ----_- - j----------� rum / r-------r-- a o / II L�35 7 L°M 71 LF35-7 LFJS 7 7 —337,- 5� ` a CL ~n©3536-040 B3548-040 83536-044 Elevation C r a ElCtva.on Q j i / p / a / r algal IaalS �Uingnl algal aa}g uainanj ❑—IH 0u.1'.1 403–H /A PnOH awnj bC9–H / O a c� ij1�nII �oIL• f[1�� __ t1� I / � � � i V I�L.0 1 7 —22 1 7 —22 ---34 30 00 14 22 —30 —30 --H T7PW Fur•en Hcaa 14–1 TyFicpl Secllon TFr Sece 18–9 Drc-ng[m,"r 16W-COR-0616-02 LAIsom-roRV FURNITURE!LC Do30 June 2016 te L P i(ilNf [(A•rfCAlOk , r rt( Povcion I ©cte City of Redlands ReWakn/1 June 21 201e 2100 South Colhoun Rood Re"Oh 12 J.:ao 2ote Redlands, CA New Berlin WI 53151 '--- phone 262-204-7660 -- fox 262-661-7060 --- www psalaboratoryfurniture.com -", PACE. 1 of 7 Exhibit"D" z I 18I 30 ,1 30 n t� 18 8 -S�nk 21- C/L 1 fn3ck Disned black Eoox} / Joinea PL--30 Upped Block Res1n Fume Hoaa Wo,f top / Epoxy Ren,n Sinks 18 r 15 x 11 D x2 P0-3 SiPk Outlets BO-ao Aerctor L-412-�B-BH--08 HC1Y °oucel E4V-1022 Drench Mose/Eyewash Ceiling CL I / 4 Chemical 96 Rod/ n1sE xIa tst Collar Required CFM 867 9 39 S.P / Ln 03 LI BY 1022 / o / Q PL-30 i; PL--30 -PSO 3 PSO-3 / 83548-20S 83548-040 93548--20P 22 _L_..YI 7 48 ,648 7 r----22 1 ._ 36 30 — Typ;cal Section Tnru Field Verify Wall to Woii Dimens=or Typical Fume HaaCl Devotion A Section Thru Ofawinp h'urnoef 16W-COR-0616-D2 " LAeostmmv FURNITURE LLC Dale 30 June 2016 City / LT {vRRFVR[ ( IFF fF«AriRM !'v M( dRR3 Pcvi:1on U bale C l lJ`' of Redlands Ra Ad-rI J—21 2916 Redlands CA RevWwi 12 Jiu1e 30,2916 r 2100 South Calhoun Rood --- New Berlin WI 53151 ---- phone 262-204-7660 _ fax 262-661-7060 -- www psalaborotor)durniture.com ---- PAGE,. 2 of 7 30 34 CO Exhibit"D" ZY 3D" i 48 / RC RC I Ce;(-ng Cl_ r� j o . O / a O P._306, 7,^] r PO j �, I J U - LF35-7 I 1 =35-735 U / f 12 {- f B3542--O40 B3536-040 1 i 7P12 m ' ____ 3h".-_._.j.__�_h2"---.- 80�_.._..........._ 3fi^._.-..-_........_.a_1 1 I' " t 7 z2_— Typical Fu"OL Hood Elevation B SectionThru Typical Section Thr u 3D'•--- -- Dio-ng iqumil 16W-COR-0616-D2 LABQRAToRYF®RNeTuRELLDale 30 June 2016 F�.on4 Dole v City of Redlands mi #I JuM 21 MID R.'Zil z JuM 30,2016 Redlands CA 2100 South Calhoun Road - New Berlin, WI 53151 phone 262-204-7660 fax 262-661-7060 ---- www.psolaborotoryfurniture.com ---- PAGE: 3 of 7 10—2 Exhibit D 30 RC Rc Ceding T / / O LF35-7 � I I LF3n-7 35 u B3536-040 B3548--040 83536-040 35 48 36 1 T 10—2 1 I ;0 Flevotion G Typ,ca3 SecE=on Thru Ckamnng N" mi)cr 16W--COR-0616-02 LA®Ol2A70RY FustwlTldRE LLC Dole 30 June 2016 ��, a, , ,, , ME 000, Pevraa:n 4' flat City of Redlands Rwi.,a J1 J,ma 21 2018 Redlands, CA 2100 South Calhoun Rood Leyton}2 June 30.2018 New Berlin, WI 53151 ---- phone phone 262--204-7660 ---- fax 252-651-7060 ---- www.psalahoratoryfurniture.com ""'"""" PAGE: 4 of 7 Exlubit"D" _1 I lJ ! C 30 3n , ll 1 Ehick Dished 3€ack I Thick nis7ed 61oc1, Epoxy -Resin Fume Mood Worktop Resin Fume Hood Worktop _ �— J3�/g • CL 5 Xfc:€ Bypass Chein-cal Furne 5 Airfoil l Che—col I ime 1 II Hoed 8-605 Superstructure Hood 8-605 Saperstr�cWre 10" Round Exhaus Collar 10 ROJrld cxnaust Collor f 3 Required CFM "133 fJ 38 S.P Regsred C��M 1133 0 38 S P i �\ - 1 0/0" Q G � 35 LF35 I Fss-� n Support Rad Located In Sack Support Rail Located In 8cek / [ _E 83548-220 7ST3a6028-000 _J TST355028-000 r 1 --�-- 22 r 1 _ ....�.�e' ' eo 14 to I r---�---22 ---r�-- 30 -1 30 T/picol Secy€on 7r ry Elevation IJ � lyplcal fume Hand SecEcon TY1ru Dro—wo tdurril 16W—COR-0616—D2 LABORATORY FURNITURE LLC Colo 30 June 2016 , , , �r Pevr,nn�' Dato City of Redlands R*11:1 o 11 Jwie 21 gals Redlands, CA 2100 South Calhoun Road ----n�2 June 30,2018 New Berlin, WI 53151 phone 262-204-7660 ---- fax 262-661-7060 ---- www psolaboratoryfurniture.com --- PAGE 5 of 7 Exhibit D 5' Airfoil Bypass Chemical Fume a Airfoil Bypass Chernical Furrie Hood 8-605 Suoerstructura Hood 8--605 Superstructure 10" Round Exhaust Collar 10' Round Exhaust Collar Required CFM 1 1a3 0 3p S P Required CFU 1 153 C38 S P I all �a� k, a......t a _1 p 1 1 a o a o r • �: Suppor Rail Located In Back Support Rail Lacatea In Back I I WI TST356028-000 I TST356028-000 50" e0" B-605 5' fume hood assemblies irorn Elevatlor D were separated to snow that each fume hood only has one light swlrch and one blower switch ere3n -thou It appears in Elevation D that one fume has two light switches and one ft,rre hood hos two blower switches Qro-n7 Num^cr 16W--COR-0616-02 LABORATORY FURMYuRE LLC Dole 30 June 2016 I = r Pe�[,on , polo City of Redlands Ruvlaop i1 Jww 21 2o1s Redlands Rerleion#2 J=30.2016 , CA 2100 South Calhoun Road --- New Berlin, WI 53151 ---- phone 262-204-7660 fox 262-661-7060 --- www.paalaboratoryfurniture.com -- PAGE. 6 of 7 Exhibit"Y' Base Cabinets Standing 1 Counter Height Removable backs .�c ���FFFYYY , c a`aw Flush front construction Half high drawers era 2-414"inside depth Full extension,ball bearing, plated drawer slides Door and drawer heads are"double pan" Additional Specifications FD construction and sound deadened c N a / c, � Adjustable doors with full access opening All surfaces shall be painted or zinc plated The paint Is a chemical resistant 01 'a baked on epoxy powder Specific test data is available upon request Stainless steel,5 knuckle iR y ?p institutional type hinge-13 gaLO Gauges of cabinet components are as follows M N cUiO r�?" c'a ae /� �8" Aprons 18 ga Legs 18 ga � fh Back Panels 20 ga Shelves 18 ga Bottom Panels 18 ga Side Panels 18 ga Drawer/Door Outer Panel 20 ga Table Frames 18 ga Full depth adjustable shelf Door Inner Panel 20 ga K&V Shelf Clip leveling legs Non-marring `yam— adjustable on 1"centers Drawer Bodies 20 ga all 4 corners For complete specifications request our full line of product specifications Removable bottom Subject to change panned up to Standard pulls are flush, contain spills extruded aluminum with capacity to be a label holder or aluminum bar style pull �rcwin��tivmo..r 16W—COR-0616—D2 CRM LAsoRAT©RY FURNITURE LLC D°tG 30 June 2016 Rx„>, , , —vn , ME �,.: �.��� City of Redlands R&Aew/t Jun"zt 2616 Redlands CA 2100 South Calhoun Road R°'�°i°n/2 dna 3o eats New Berlin WI 53151 ---- phone 262-204-7660 fax 262-661-7060 ---- www paalaboratoryfurmture.corn --- PAGE: 7 of 7