HomeMy WebLinkAboutContracts & Agreements_148-2015_CCv0001.pdf AGREEMENT FOR CONSTRUCTION SERVICES
This agreement for the provision of construction services ("Agreement") is made and
entered into this 218E day of July, 2015 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City"), and Ames Construction, 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
1.1 City hereby retains Contractor to perform construction services at locations specified by
City's Quality of Life Department (the"Services").
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.
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2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section
1776 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 tune 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."
3.2 Contractor shall commence the Services within ten (10) calendar days from and after the
date of the City's issuance to Contractor of the Notice to Proceed.
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ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall not be obligated to pay Contractor compensation for the Services. Contractor
acknowledges and agrees it is donating the Services to the City.
4.2 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:
Fred Cardenas Gerard F Miller
Quality of Life Department Ames Construction, Inc.
City of Redlands 391 N. Main St. #302
35 Cajon Street, Suite 222 Corona, CA 92880
P.O. Box 3005 (mailing)
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.
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 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.
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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
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completion 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
two (2) 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 AMES CONSTRUCTION, INC.
By (/ W
Paul W. Foster, Mayor Ger dt Miller
Senior Vice President
ATTEST:
Sam Irw , Ci y Clerk
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EXHIBIT "A"
Scope of Services
"DONATION"
• Clean fill dirt (approx. 7000 Cubic Yards)to fill the Prospect Park Reservoir.
• Break out and grinding of concrete from the upper part (6 feet) of the reservoir wall and
the"vault" area.
• Break out holes in the bottom of the reservoir
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EXHIBIT "B"
LABOR AND MATERIAL BOND Bond No.106307108
Whereas,the City Council of the City of Redlands,State of California,and Ames Construction,Inc.,391 N Main
Street,Suite 302,Corona,CA 92880 —(hereinafter designated as "Principal") have entered into an agreement
(the "Agreement") whereby Principal agrees to install and eomplete certain designated public i TOvees (the
Prospect ParkMWmntVoir-Fill Dirt
"Work"),which said agreement,dated July 21 2015, and identified as is
hereby referred to and made,a part hereof-, and
Whereas, under the terms of the Agreement, Principal is required before commending the performance of the
Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which
reference is made in Title 3 (commencing with Section 9550) 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 and
all contractors, subcontractors, laborers, material men and other persons employed in the performance of the Agreement
and referred to in the aforesaid Code of Civil Procedure in the sum ofsevept,
L-seven Thousand Five Hundred Ten And No/lo(DollarS (77,510,00
for materials famished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with
respect to such workor labor, 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 attorneys' fees, incurred by the City 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 9550) 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 tIns 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 the
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
July 21 2015
(SEAL) (SEAL)
Ames Construction,Inc. Travelers Casualty and Surety Company of America
(Contractor) (S et
(Signature)Michael J.Kellen, (�—ignatwk) R'.Scott EggQW,`Atiorney-in-Fact
Secretary/Chief Financial Officer
Address.,
One Tower Square
H a rtford,CT 06183
(Seal and Notarial Acknowledgment of Tele phone(860) 277-0111
Surety)
CORPORATE ACKNOWLEDGMENT
State of Minnesota )
I,; ' I I )ss
County of I t_ )
On this day of I''� , before me appeared Michael J. Kellen
to me personally known, who, being by me duly sworn, did say that he/she is the Secretary/Chief Financial Officer
of Ames Construction,Inc. , a corporation,that the seal affixed to the
foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in
behalf of said corporation by authority of its Board of Directors, and that said Michael J. Kellen
acknowledged said instrument to be the free act and deed of said corporation. /
Notary Public County,
" AMIE J.KRAUS My commission expires - -
NOTARY PUBUC-MINNESOTA
My Corraissim Ejires Jan.31,2020
SURETY ACKNOWLEDGMENT
State of Minnesota )
)ss
County of Hennepin )
On this 21st day of July 2015 , before me appeared R. Scott Egginton
to me personally know,who being by me duly sworn, did say that(s)he is the Attorney-in-Fact of
Travelers Casualty and Surety Company of America , a corporation,that the seal
affixed to the foregoing instrument is the corporate seal of said corporation and that said instrument was
executed in behalf of said corporation by authority of its Board of Directors; and that said
R. Scott Egginton acknowledged said instrument to be the free act and deed of said corporation.
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LIN ULVFN
NOTARY PUBLIC MINNESOTA Notary Public Ramsey County,Minnesota
Pity Commission Expires
Januvy 31,zozo My commission expires 1/31/2020
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WARNINGr:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
FTRAVELERSJ Farmington Casualty company. St.Patel Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and;?Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Co aapany=of America
St.Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company
St.Paul Guardian Insurance Company,ttottacyaln Fact Na Certificate bra.
229381
KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St.,Paul Fire and Marine Insurance Company, Si. Paul Guardian Insurance
C'ompnny,St. Paul Mercury Insurance Company,Travelers Casualty and Surety Company;Travelers Casualty;and Surety Company of America,and United States
Fidelity and Guaranty Company are corporations duly organized under tite laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a
corporation duly organized under the laws of the State of Iowa,and that:Fidelity and Guaranty Insurance Underwriters,Inc.,is a corporation duly organized under the
laws of the State of Wisconsin(herein collectively called the-Companies-'),and that the Companies do hereby hake,constitute and appoint
John E,Manor,Linda K.French,R.W.Frank,C'raaio Remick,Rachel Thorn is,Nicole Stilfings.Joshua R. Loflis, Brian J.Ocsti-cich,Sandra M. Doze,
Jerome T.C)uilu t. hi-R.13aiughorty,Jack C edaadca#'ll;Kurt C'.1.undhlad.Melinda C" Blodgclt.R,C. (dtawm an,R,Scott E-ginton.Ted R.Jorgensen,
Emily Kciser,and Lin Ulven
Minneapolis Minnesota
cal`tile City tie ' State of m _�.. E their trtic•and lawful Attorney(,`-in-Fact,
each in their separate capacity if more than one is named alcove;to sign,execute,seal and acknowledge any and all bonds,recogniratnces,conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the perfortnance of
contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrument' o be signed and their corporate scall-to be hereto affixed,this _ Sth
day of May 20115
Farmington Casualty Company St,Paul Mercury Insurance Company
Fidelity and Guaranty Insurance Company Travelers Casualty and Surely Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty and Surety Company of`America
St.Paul Fire andMarine Insurance C>ompa ty United hates Fidelity and Guaranty Company
St.Paul guardian Insurance Company
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State of Connecticut By:
City of lfaartfovi ss. RoberC l, Rnme}', enior Vice President
8Lh May 2{)l 5
On this the dray of �,before are personally appeared Robert L.Rancy,who ackno-wledged himself to
he the San i tr Vice President of Farmington Casuaalty-Company, Fidelity and Guaranty Irsur.ance Company,Fidelity and Guaranty Insurance Underwriters,Inc.,St,Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,St.Final Mercury Insurance Company,Travelers Casualty and Surety Company,T'raveler's
Casualty and Surety Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being authorized so to do.executed the foregoing;
iNnstrument for tIc put�aoses therein contained by signing city behalf of the corporations by Himself as as duly authorized officer.
.11'
In Witnesshereof,I hereunto set my hand and official seal::,
My Commission expires the 38th day of June,2016, IL Marie C.T trcanli.Notary Public
88440-8-12 Fritted in 1_1&A:
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE TIED BORDER
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.
CHEC NE
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 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.
Ames Cons ction, Inc. Date:
By:
/ v
Gerard Miller,
Senior Vice President