HomeMy WebLinkAboutContracts & Agreements_160-2015_CCv0001.pdf AGREEMENT FOR CONSTRUCTION SERVICES
This agreement for the provision of construction services ("Agreement") is made and
entered into this 22nd day of July, 2015 ("Effective Date"), by and between the City of Redlands,
a municipal corporation ("City"), and American Eagle 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 i -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform construction/remodel 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 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.
2.9 Contractor shall file a payment bond with City, prior to commencing the Services, in
accordance with Civil Code Section 9550. The form of the payment bond shall be as set
forth in Exhibit`B"attached hereto.
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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 thirty (30) 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 Thirty Five Thousand Four Hundred Twenty Seven
Dollars ($35,427.00) 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 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 Kenneth Edward
Quality of Life Department American Eagle Construction Inc.
City of Redlands PO Box 1192
35 Cajon Street, Suite 222 Calimesa, CA 92320
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
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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 Parry.
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.
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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.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in
confinnation of this Agreement.
CITY OF REDLANDS AMERICAN EAGLE CONSTRUCTION, INC.
. Enrique i AeKenneth Edward
ATTEST:
Sam IrwirL,..Ci- derk
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EXHIBIT A
SCOPE OF SERVICES FOR
BATHROOM REMODEL
CITY MANAGER OFFICES
1. Demolish two (2)bathrooms complete to framing—removal and disposal of all debris
2. Relocate toilet and urinal stub outs; cap unused plumbing in wall
3. Relocate light switches in both bathrooms
4. Repair drywall as needed in both bathrooms
5.Prime and paint two (2)bathrooms complete using semi-gloss paint of City's choosing;ceiling included
6. Tile walls 5 feet up from floor with a 6x6 Dal Sandala Tile with cap and grout in both bathrooms
7. Tile floors with a 12 x 12 Dal Sandala Tile,including hardi backer and grout in both bathrooms
8.Provide and install new 3x8 wood slab door in both bathrooms;rehang on existing jamb, stained to match
9.Provide and install new American Standard Toilets and Wall mount Lavatories in both bathrooms
10.Provide and install 2 ADA grab bars with backing-(1) one in each bathroom
11.Provide and install 2 ADA signs on wall and door- (1) one for each bathroom
Permits to be pulled by City
Contractor responsible for all water shut off and turn on
Contractor responsible for all electrical shut off and turn on as required
All debris must be disposed of per City of Redlands Recycle Requirements
All new toilets installed must meet 2015 water restriction requirements
Bond No. 71690079
EXHIBIT "B"
LABOR AND IVIATERIAL BOND
Whereas,the City Council of the City of Redlands, State of California,aad American Eagle Interiors Inc dba
American Eagle Construction _.(hereinafter designated as "Principal") have entered into an agreement
(the "AgreeinenC') whereby Principal agrees to instal) and complete certain designated public improvements (the
"Fork").which said agreement.dated 2015, and identiTed as 2 Bathroom Remodelsis
hereby referred to and made a pact hereof,and Demo Old Time, New Time and New Fixtures.
Whereas, tinder the tertius of the Agreement, Principal is required before commending the perfbtmance 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 acid other persons employed in the per&rnance of the Agreement
and referred to in the aforesaid Code of Civil Procedure:id the sutra of $35,427.32 Dollars(�
) for 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 thcreol; 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 he 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." (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 to any suit brought upon this bond.
Should the condition of this bond be fullp 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
Agreeinent or the specifications accompanyinla the same shall in any manner affect its obligations on this bond, and it
does hcrcby wsive 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 27 _ •2015
(SEAL) American Eagle Interiors Inc (SEAL)
dba American Eagle Construction WESTERN SURETY COMPANY
(Contractor) (Surety)
(Signature) - (Signature) ` Attorney-In-Pact f
�QORAT� Address. '
333 S. Wabash Ave., 41st Floor
"V K1, ChicaQa, IL 60604
(Sea]and Notarial Acknowledgment.� ' Telephone(605. 336-0850
Surety)
Western
POAVER OF ATTORNEY- CERTIFIED COPY
Bond No. 71690079
Know All hien By These Presents,that WESTERN SURETY CUIVIPANY,a corporation duly organized and existing under the laws
of the State of South Dakota,and having its principal office in Sioux Falls,South Dalcota(the"Company"),does by these presents make,
constitute and appoint Sarah Marie Marines li
its true and Iawfnl attorneys)-in-fact, with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its
behalf as Surety,bonds for:
Principal: American Eagle Interiors Inc dba American Eagle Construction
Obligee: City of Redlands
Amount: $500,000.00
and to bind the Company thereby as filly and to the same extent as if such bonds were signed by the Senior Vice President,sealed with
the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact
may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety
Company which remains in full force and effect.
"Section 7. All bonds,policies,undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the
corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other
officers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bends,policies,or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile."
All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of August 31
2015 ,but until such time shall be irrevocable and in full force and effect.
In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Brutlat,and its
corporate s_g�l,p eaffixedthis 97th day of itt1V '015
n= .
. =gin
='''y_ [BEST R SURE COMPANY
-' CA
Paul T. rullat,Vice President
STIjjpLll3 } C3TA
ss
coUl�l7`; axA
On this 27th day of .Tut 1 y in the year 2015 ,before me,a notary public,personally appeared
Paul T. Eruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of
WESTERN SURETY COMPANY and acknowledged said instrument to be the voluntary act and dee f said ca io at'on.
{44tib4h444440444444h44444�
J _ S. PETRIK r
s SEAL NOTARY PUBLIC SERI s atary Public-South Dakota
SOUTH DAKOTA(s
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My Commission Expires August 11,2018
I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the
attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as
set forth in the Power of Attorney is now in force.
In testimony whereof,I have hereunto set my hand and seal of Western Surety Company t1-ds 27th day of
Julv , 2015 ,
WEST R SURE Y COMPANY
Paul T.Yriuflat,Vice President
Form F5306-6.2012
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
\/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 perforinance 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.
American Eagle Construction,Inc. Date: "Z Z, " ?io 6 Jr
By:
Kenneth Edward