HomeMy WebLinkAboutContracts & Agreements_146-2014_CCv0001.pdf AGREEMENT FOR OFFICE PARTITIONS AND INSTALLATION SERVICES
This agreement for supply and installation of office partitions ("Agreement") is made and
entered into this 31St day of July, 2014 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City"), and Goforth & Marti, Inc. dba G/M Business Interiors
("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 office partitions and furniture at the
City's Fire Department offices (the "Services") located at 35 Cajon Street in the City of
Redlands.
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.
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
"Notice to Proceed."
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3.2 Contractor shall complete the Services by September 30, 2014 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 Eight Hundred Sixteen
Dollars and Sixty Five Cents($21,816.65) 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 All notices shall be made in writing and shall be given by personal delivery or by mail.
Notices sent by mail shall be addressed as follows:
City: Contractor:
Jeff Frazier William F. Easley
Fire Department G/M Business Interiors
City of Redlands 1099 La Cadena Drive
P.O. Box 3005 Riverside, CA 92501
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States
mail; in all other instances, notices, bills and payments shall be deemed given at the time
of actual delivery. Changes may be made in the names and addresses of the person to
whom notices are to be given by giving notice pursuant to this section 4.3.
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 "B," 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
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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, lasses 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
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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
five (5) 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 G rti, Inc. dba, G/M Business
Interiors
By-
Tina Kundig,Finance Director Stephen L. Easley, President/CEO
ATTEST:
?t.-n�. Daonaldson,
Deputy City Clerk
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EXHIBIT "A"
Scope of Services
See attached
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Business •
Elevate your workplace"'
Project ID/Who& ' Quotation
PREVAILING WAGE& BOND 7/24/2014 97966
CITY OF REDLANDS FIRE DEPT. CITY OF REDLANDS FIRE DEPT.
35 CAJON STREET 35 CAJON STREET
SUITE 12 P.O. BOX 3005 7 SUITE 12 P.Q.. BOX 3005
REDLANDS CA 92373 REDLANDS CA 92373
DIANE RIVERA-SEDGWICK Phone: (909)789-7600 DIANE RIVERA-SEDGWICK Phone: (909)789-7600
Fax Fax:
acknowledge that I have inspected color samples,fabrics and finishes specified for the products included in this order.I am satisfied
the products as specified are suitable for my intended purpose.I am fully aware that this is a custom order and it is non-returnable.
Legal title for my order will transfer upon receipt to my jobsite location,whether commercial or personal residence.The cost of inside
delivery,staging,setting in place,assembly, leveling,cleaning,polishing and recycling of waste materials are additional services that
are quoted separately and are hereby elected as an additional contract option.
Approved by: Signature Print Name Date
Productnt Systems 4 Desk Units 0 Tables 0 Files 0 Chairs 7 Storage 0 Ancillary 0
Product . .
**PREVAILING WAGE & BOND** FOR NEW PRODUCT INSTALLATION. THERE IS NO DISMANTLING OR RELOCATION
REQUIRED FOR THIS PROJECT.
****PRICING QUOTED BASED ON THE PIGGY BACK CONTRACT WITH THE COUNTY OF SAN BERNAR'DINO
NEGOTIATED CONTRACT 10-209 **
QUOTE FOR: (4) HMI CANVAS STATIONS W/ACCESSORIES, (5) HMI MIRRA CHAIRS, (2) ASIDE CHAIRS, AND (2)
SPACECO PELICAN DRAWERS
FOR: DIANE/ FRONT DESK
LEAD-TIME: 4-5 WEEKS
SCOPE OF WORK.
1) G/M TO ORDER, RECEIVE, AND INSPECT PRODUCT
2) G/M TO BRING TO SITE AND SET IN PLACE PER THE APPROVED DRAWING (4) CANVAS WORKSTATIONS,(5)
MIRRA CHAIRS, AND (2)ASIDE CHAIRS FOR CLIENT LOCATION
3) PLEASE CONTACT DIANE @ 909-798-7600 TO SCHEDULE SERVICES
Account Executive: Mike LaFond(nNafond(abgmbi.net) Project PAS: Wendy Guerrero
AMA: Crystal Del Rio(cdelrio _gmbl.net) Page: 1 of 3
800-686-6583 800-686-6583 Fax: 951-684-0837
G/M Business Interiors
1099 VV. La Cadena Drive, Riverside CA,92501
http ilwww gmbi.net
Quotation # 97966
Where List List Ext Sell Sell Fad
LOT 1 FRONT DESK 64,052.00 64,052.00 20,200.60 20,240.60
• + Non-Tac Sins. Taxable Srvcs. Frelght Design
(4)EA CANVAS WORKSTATIONS .00 .00 .00 .00
(5)EA MIRRA WORK CHAIR
(2)EA ASIDE GUEST CHAIR
(2)EA SPACECO PELICAN DRAWER
3 EA GIM HARDWARE WALL ANCHORS
Account Executive: Mike LaFond(mlafondla;.gmbi.net) Project PAS: Wendy Guerrero
AMA: Crystal Del Rio(cdelrio(d`)gmbi.net) Page: 2 of 3
800-686-6583 800-686-6583 Fax:951-684-0837
GIM Business Interiors
1099 W. La Cadena Drive, Riverside CA, 92501
http:i/www.gmbi.net
i � Quotation
WWholWhatlWhere List List Ext Sell Sell Ext
LOT 4 2 G/M Services .00 .40 .40 .00
LOFT
Description: Non-Tax Srvcs. Taxable Srvcs. Freight
GIM Furniture Planning Services,if applicable,include field .40 .00 .00 .00
measurements,drawing AutoCAD building shells,developing
typical workstations and private office standards,space planning
typicals into the floorplan,developing furniture color schemes,
order specifications and receiving client approvals for all drawing
and color schemes for order entry.
GIM Project Management Services include drawings and field
measure checks,order scheduling 8,routing,electrical consulting
with contractors,field checks,monitoring construction progress
along with delivery,assembly, punchlist coordination through fina
completion.
GIM Project Services include receiving and inspecting of each
product,shipping damage adjudication with vendors,transporting
product if applicable,staging of products,delivery,setting in place
of all furniture, level clean and polishing of all items,vacuum
floors and recycling of all waste products associated with the
furniture project.
GIM Punchlist Services include formulation of the project
punchlist,ordering and receiving of punchlist products,and
delivery and assembly to finalize the punchlist and project.
GIM Warranty Services Department is provided to offer clients our
no-charge warranty service work for all furniture protected under
valid factory warranties.G/M maintains electronic copies of our
Client's invoices for warranty enforcement. For service requests,
our Warranty Department may be contacted via e-mail at
warran mbi.net
_� • .. $20,200.60
I
Services (Taxable) $0.00
4A II
Jill I Freight (Taxable) $0.00
Services (Non-Taxable) $0.00
�� 1i! I Project App. Spec. (Nora-Taxable) $0.00
Subtotal:Taxable $20,200.60
I I I I Subtotal: $0.00
Mirra2 Tax(8.000%) $1,616.05
Now Order-able
I I II
t 21 816.65 I � $ ,
Net 30 Days Terms with Purchase Order 100% $21,816.65
Account Executive: Mike LaFond(m1af6ndCa7gmbi.net) Project PAS: Wendy Guerrero
AMA Crystal Del Rio(cdelrhq( gmbi.rnet) Page 3 of 3
800-686-6583 800-686-6583 Fax; 851-684-0837
GIM Business Interiors
1099 W La Cadena Drive, Riverside CA, 92501
http//wwwqmbi.net
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
§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.
Goforth &Marti, Inc. dba
G/M Busi riors Date:
By:
Stephen L. Easley, President/CEO