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HomeMy WebLinkAboutContracts & Agreements_117-2015_CCv0001.pdf x AGREEMENT FOR CARPET INSTALLATION SERVICES This agreement for the provision of carpet installation ("Agreement") is made and entered into this 10 day of June , 2015 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Moore Flooring, 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 carpet installation services at locations specified by City's Development Services 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 Development Services Department, located at the Civic Center, 35 Cajon Street, Suite 20 (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 perfonn 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 1 C:\Users\jamiller\AppData\Local\Microsoft\Windows\Tcmporary Internet Files\Content.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc and 1813. 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 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 2 C:\Users\jainiller\AppData\Local\Microsoft\Windows\Temporary Internet FileslContent.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc "Notice to Proceed." 3.2 Contractor shall complete the Services within sixty (60) 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 Twenty-One Thousand and Eighty-Eight Dollars ($21,088) as complete compensation for the Services. 4.2 An initial payment of zero ($0.00) by City to Contractor shall be made concurrent with City's execution of this Agreement. Subsequent 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 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 snail; 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: Oscar W. Orci, Director Linda Moore, President Development Services Department Moore Flooring, Inc. City of Redlands 5497 Vine St. 35 Cajon Street, Suite 20 Chino, CA 91710 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 3 C:\Users\jamiller\AppData\Local\Microsoft\Windows\Teinporary Internet Files\Content.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc "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. 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 4 C:\Users\jamiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc 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 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. 5 C:\Users\jamiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v1doc IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS COMPANY By 2, Tina Kundig, Finance Director Linda Moore, President ATTEST: Sam Irwin,' i y Clerk 6 C:AUsers\jainillerAAppData\Local\Microsoft\Windows\Temporary Internet Files Content.OutlookvUNDNLUS6\Non-Pro fess ional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc EXHIBIT "A" Scope of Services 1. Installation of approximately 440 square yards of Shaw carpet tiles, Style Name: Allure, Color Name: Gleam. 2. Approximately 40 square yards of Shaw carpet tiles named above are to be provided to the City for future needs. 3. Removal, haul-away and disposal of approximately 340 square yards of existing carpet tiles. 4. Installation of approximately 100 square yards of Shaw Advantage System over existing broadloom carpet prior to carpet tile installation. 5. Installation of 4"rubber base molding throughout the identified area. 6. Installation of metal threshold strips at transitions to other flooring products as required. 7. Moving and replacing furniture as required to facilitate installation. 8. Installation to occur between the hours of 6:00 p.m. and 6:00 a.m. and will be coordinated and phased along with concurrent construction activities. 7 C:\Users\jamiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\UNDNLUS6\Non-Professional Services w Prevailing Wage 6.2015-Moore Flooring v2.doc Bond No. 757098P EXHIBIT "B" Premium: $422.00 Stated premium is Y earned. Premium Is for the contract term LABOR AND MATERIAL BOND on a l ubjectcontra to adjricetstmen,thea onfirmlcpntract rice. Whereas,the City Council of the City of Redlands, State of California, and Moore Flooring=Inc. 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 .lune 3 ,2015,and identified as carpet installation services 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 of Twenty-One Thousand and Eighty-Eight Dollars $ 2( 21 088.00for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such Work or 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 therm 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 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 June 8 ,2015. (SEAL) (SEAL) Moore Flooring, Inc. Indemnity Company of California (Con ,ctor) (Surety) BY: IV-h t (Signature) _ (Signature) Sha on opez, Attorney-in-Fact Address: PO Box 19725, Ine, CA 92623 (Seal and Notarial Acknowledgment of Telephone(800)223-2451 Surety) C:1UsersljamiRer\AppDatali.ocal\Microso$lwindows\TcmpomTy Intemet File5iContent.Outlook-\UNDNLUS6\Nc)n-Professional Serviccs w Prevailing Wage 6.2015- Moore Flooring v2:doc A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT State of California County of San Bernardino On June 8, 2015 before me S. Lynn Ewer, Notary Public, personally appeared Shannon Lopez who proved to me on the basis of satisfactory evidence to be the personko whose namek) is/aye subscribed to the within instrument and acknowledged to me that die/she/they executed the same in 13,i-s/her/## & authorized capacity#es), and that by 4WI-ler/th& signatureko on the instrument the person{}, or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. S. LYNN EWER 4 Commission # 1983601 r< -� Notary Public-California z San Bernardino county D My Comm. Expires Jul 26, 201 F Signature (Seal) a POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725,IRVINE,CA92623 (949)263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,do each hereby make,constitute and appoint: *"George A. DeCristo, Shannon Lopez,Peter M. Davis, Martin M.Davis, Faith M. LaValle, Elizabeth D. Kolpien, Gail E.Connor, jointly or severally— as their true and lawful Attomey(s)•in-Fact,to make,execute,deliver and acknowledge,for and on behalf of said corporations,as sureties,bonds,undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary,requisite or proper to be done in connection therewith as each of said corporations could do,but reserving to each of said corporations full power of substitution and revocation,and all of the acts of said Atforney(s)-in-Fact,pursuant to these presents,are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA,effective as of January 1 st,2008. RESOLVED,that a combination of any two of the Chairman of the Board,the President,Executive Vice-President,Senior Vice-President or any Vice President of the corporations be,and that each of them hereby is,authorized to execute this Power of Attorney,qualifying the attorney(s)named in the Power of Attorney to execute,on behalf of the corporations,bonds,undertakings and contracts of suretyship;and that the Secretary or any Assistant Secretary of either of the corporations be,and each of them hereby is,authorized to attest the execution of any such Power of Attorney; RESOLVED,FURTHER,that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporations when so affixed and in the future with respect to any bond,undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF,DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary orAssistant Secretary this January 29,2015. , f `,.,.,„.111ANO..,.,,,, By, Jfil p– ,� lyofi•, oMPANYpfi Daniel Young,Senior Vice-President `•�J:'�oRportgT Cr 0�40Aq� y y OCT. 2= OGT.5 n 10 By: ;o):_ 1936 0 1967 Mark Lansdon,Vice-President ,,.�dD,•' �q<lFOR�\� A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. Slate of California County of Orange On January 29,2015 before me, Lucille Raymond,Notary Public Date Here Insert Name and TiUB of Um officer personally appeared Daniel Young and Mark Landon Names)of Sr9ner(s) who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s)istare subscribed to the within instrument and acknowledged to me that helshelthey executed the same in hislherllheir authorized capacity(ies),and that by hislhedlheirsignature(s)on the instrument the person(s),or the entity upon behalf of LUCILLE RAYMOND which the person(s)acted,executed the instrument. Commission#f 2081945 Z S Notary Public-California I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is xOrange County true and correct M Comm.Expires Oct 13,2018 1 WITNESS my hand and official seal. Place Notary Seal Above Signature Lucill y ond,Notary Public CERTIFICATE The undersigned,as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA,does hereby certify that the foregoing Power ofAttomey remains in full force and has not been revoked and,furthermore,that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. LL &.- This Certificate is executed in the City of Irvine,California,this —6Rnday of By: (� - Cassie 16,rdsford,Assistant Seetary ID-1380(Rev.01115) CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 State of California County of San Bernardino On 6/10/2015 before me, Vanessa Leeqer, Notary Public Date Name and Title of the Officer personally appeared Linda Moore Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person( whose name(s) is1mAq subscribed to the within instrument and acknowledged to me that b$VsheIM76� executed the same in ffi$/her/kmk authorized capacityps), and that by d1s/her/2eir signature(R) on the instrument the VANESSA L person(), or the entity upon behalf of which the Commission 0 21011M person() acted, executed the instrument. Notary Public-CNNNM� San Bernardino CoMy I certify under PENALTY OF PERJURY under the laws IFIt Comm.E of the State of Ca' ornia that the foregoing paragraph is true and correc . WITNESS m d and official seal. Place Notary Seal Above Signatur Signature ary PiVic OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Labor/Material Bond Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Linda Moore Signer's Name: X Corporate Officer—Title(s): - Corporate Officer—Title(s): Partner— Limited General -- Partner— Limited General Individual Attorney in Fact - Individual D Attorney in Fact Trustee - Guardian or Conservator Trustee C Guardian or Conservator Other: Other: Signer Is Representing: Signer Is Representing: ©2013 Natonal Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item #5907 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 pennitted 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 inforination and representations made in this certificate are true and correct. Company= lMoore Flooring, Inc. Date: 6/10/2015 By: Name C:\Users\jamiller\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Out look'\,UNDNLUS6\Non-ProYessionaI Services w Prevailing Wage 6.2015-Moore Flooring v2.doc