HomeMy WebLinkAboutContracts & Agreements_214-2014_CCv0001.pdf AGREEMENT FOR WATER PROOFING SERVICES
This agreement for the provision of water proofing services ("Agreement") is made and
entered into this 12t1' day of November, 2014 ("Effective Date"), by and between the City of
Redlands, a municipal corporation ("City"), and RPC 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 provide water proofing services for civic center planters
(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
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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.
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 seven (7) 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 Eight Thousand One Hundred Twenty-Five Dollars
($8,125.00) 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 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 day
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 of in accordance with this section:
City: Contractor:
Chris Boatman Randy Cauthron
Quality of Life Department 605 Sunnyside Ave
City of Redlands Redlands Ca. 92373
35 Cajon Street, Suite 222 CA License. # 880907
P.O. Box 3005 (mailing)
Redlands, CA 92373
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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.
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.
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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 and acceptance of the Services by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon
two (2) calendar day's 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 RPC CONSTRUCTION, INC
By �—
Tina T. Kundig, Finance Director ndy C t
ATTEST:
"'aA
Sam Irwi ,�Cj#Clerk
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EXHIBIT "A"
Scope of Services
- Clean and repair drain lines to planters
- Install gravel for better drainage
- Outer wall to be prepped and painted Color TBD
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` EXHIBIT r"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 §1861).
' I affirm that at all times, in performing the work and activities required or permitted under this
r ement, 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. f
Date: / �G
/Y-
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