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HomeMy WebLinkAboutContracts & Agreements_77-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 6"' day of May, 2003, by and between the City of Redlands, a municipal corporation ("City") and New Image Commercial Flooring ("Contractor"). 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 install carpet in the Public Works Office located in Suite 222 of the City's Civic Center(the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California 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," entitled "Proposal/Contract" which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et. §eq. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands California 92373. 23 Contractor further understands that if it violates the California Labor Code as it relates to prevailing City wage, that shall enforce the California Labor Code by Notice of the z::1 I withholding of contract payments to the Contractor or Subcontractor pursuant to Labor Code section 1771.6. 14 Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California Labor Code section 1775 and r0i 1 1777.7 including providing the subcontractor with copies of the provisions of Sections 1 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour 1em,eaqiet.pw 1 laws and to pay prevailing wages will be enforced by the City pursuant to labor Code sections 1775 and 1813. 2.5 Contractor and any of its Subcontractors shall comply with the provisions of California 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 Section 1771, 1775, 1776, 1777,5 1813 and 1815 of the California Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 For the performance of the Services, City will pay Contractor the sum of $14,155.76. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's hereinabove invoice, by warrant payable to Contractor. 4.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: City: Ronald C. Mutter City of Redlands Public Work's Department PO Box 3005 Redlands, CA 9237':� Contractor: Hernando Delgado New Image Commercial Flooring 323 W. Valley Blvd. Suite C Rialto, CA 92376 When so addressed, such notices shall be deei-ned 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, bills leynxarpetpw 2 a and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of this Agreement pursuant to California Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit "C." Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City prior to commencement of work, B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties, This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harrnless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. C. Contractor shall sign the Worker's Compensation Insurance Certification attached as Exhibit"B"to this Agreement. 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to K persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement. tcm,carpct.pw 3 5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of the Services described in this Agreement without the express written. consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. Minimum coverage of one million dollars ($1,000000) per occurrence and two million dollars ($2,000,000) aggregate for public liability, property damage and personal injury is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work. ARTICLE 6 - GENERAL CONSIDERATIONS 61 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. 6.2 Contractor shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions, and conditions of this Agreement. 63 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor pursuant to this Agreement and any copyright interest in above described documents shall become the property of City andshall be delivered to City upon completion of Services. 6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Services provided pursuant to this Agreement lenlxalpetpw 4 and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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. 6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By Mayor Cit lerk Date May 6, 2003 Date lem.carpet'PW 5 Apv--03-03 05:06P EXHIBIT "A" NEW IMAGE COMMERCIAL FLOORING All3 W. VALLEY BLVD. SUITE.0 rRIALTO,CA. 92376 U TeftpWne (909)874-5782 Fax M9)874-7ow PROPOSAUCONTRACT Customer "t)We ESTIMATE DATE 03127103 Name city of Redtaws Redlands Public Works 5 Address 1270 W.P"Ave M9 A 35 cajun St. City,Zip RedWida,CA.W73 c [RediandS,CA. I 'r-rMs )Type C- Pale$ 2f Person Hernando Detgado f Payment Quwdity Item _0"crip!!2n unit Price Amount 442 CARPE-TILE Material A InstaflaW(glue down J $ 21.49 $ 9,498.58 PADDING $ - VINYL $ VCT.TILE WOOD CERAMIC $ - 840 CO-BASE Material&Installation $ 1.34 1,125.60 .PARTITIONS ]CARPET-BASE $ ISTAIRS $ SPECIAL LABOR $ - 442 DEMO CarOeet area S 1.50 $ 663.00 FLOOR PREP, $ TRIP CHARGE $ . 442 FURNITURE Move&replopq by New Image $ 3.99 $ 1,763.58 442 ITOILETS $ - WEEKENDS $ PREVAILING WAGE 2,50 $ 1,105.00 sub Tows $14,155-76 Tax Total $14,155.76 NOTES: MATERIAL SELECTION Carpet Mohawk SW:CaP*gate 20=w/unfty backft Cloy to be sehxtW Rubber bow:Burke 4 6ch cm,color to W seceded Thank You For Using New Image For All Of Your Flooring Needs EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No. 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 in one or more insurer 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. 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 of this contract. (Labor Code §1861). Date If 4 Nam of Contr for By: Signature of thorized Agent Signato 's Title Contractor's License No. Date lem-carpel,pw 6 • swill M J • . i !! # As A mATTER OF } ' t DELANEY INS AGCY 40725700 4 t ♦ }. F t 5035 RAVEW AVE STE.104 ALTER TKE COVERAGE A"OWM BY I t"t POLICIES SELOW. RANCHO i i 909-491-7222 ! MAL fi} a•e t ♦. t it • st ♦• ♦ wr a`•ti• .ii 05-05 i 05-05- i iii mwffir ANVAUTO AIX OWNMAUVOS i i * « ANYAVrO 0=114 CLAM MACW 8 wDXTIONAL INSURE13 FOR, ALL ` � ircTs F PREMIUM SIR Or a8 } CITY i4kil;Cil-- i t y PAM AVE i w i 3 I!LANDS, CA R 2373e M=fi AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 6'h day of May, 2003, by and between the City of Redlands, a municipal corporation ("City") and New Image Commercial Flooring ("Contractor"). i 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 install carpet in the Fire Administration Office located in Suite 12 of the City's Civic Center(the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California 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," entitled "Proposal/Contract" which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laves commencing at California Labor Coxae section 1770 et. sec. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office of the Public Works Department,Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands California 92373. 2.3 Contractor further understands that if it violates the California Labor Code as it relates to prevailing wage, that City shall enforce the California Labor Code by Notice of the withholding of contract payments to the Contractor or Subcontractor pursuant to Labor Code section 1771.6. 2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California. Labor Code section 1775 and 1777.7 including providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and. 181.5 of the Labor Code. Contractor acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour leinlea pel Tire � laws and to pay prevailing wages will be enforced by the City pursuant to labor Code sections 1775 and 1813. 2.5 Contractor and any of its Subcontractors shall comply with the provisions of California 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 18 10. 2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Section 1771, 1775, 1,776, 1777.5 1813 and 1815 of the California Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 For the performance of the Services, City will pay Contractor the sum of $4,324.50. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's hereinabove invoice, by warrant payable to Contractor. 43 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as ,follows: City: Ronald C. Mutter City of Redlands Public Works Department PO Box 3005 Redlands, CA 923713 Contractor: Hernando Delgado New Image Commercial Flooring 323 W. Valley Blvd. Suite C Rialto, CA 92376 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, bills Z� leni'�atpet Fire 2 and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary, All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of this Agreement pursuant to California Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit -C." Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except Z� upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City prior to commencement of work. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. C. Contractor shall sign the Worker's Compensation Insurance Certification attached as Exhibit "B" to this Agreement. 5.3 Hold Harmless and Indemnification, Contractor shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement, 3 5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of the Services described in this Agreement without the express written consent of City. In the event of mutual agreement between par-ties to sublet a portion of the Services, Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. 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 is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work. 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. 62 Contractor shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the terms,provisions, and conditions of this Agreement. 6.3 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor pursuant to this Agreement and any copyright interest in above described documents shall become the property of City and shall be delivered to City upon completion of Services, 6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Services provided pursuant to this Agreement lem'carptt.Fire 4 t and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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. 6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and. Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By Mayor City,01erk Y ,M Date May 6, 2003 By Date—4—/—a?. Aw-ew' '6 e I lern,carpet.t=ire 5 EXHIBIT "An 4110NEW IMAGE COMMERCIAL FLOORING 23 W. VALLEY BLV©, SUITE.0 IALTO,CA.,92376 elephone(909)874-5782 Fax(949)874-70W - 7ROPOS'ADCONTRACT Customer Job Site ESTIMATE DATE 03/271b Name city of Rediuwts Redlands Finebepartment Address 1276 W.Park Ave Bks}A 35 Cajun St City,Zip Redlamfs.CA.97173 Redlands, CA. '(Opt 2) Sales Tenn$ TYPO of Person Hernando Delgado Payment Qua - Item n Unit Price Amount 140 CARPET-TILE sy Material&Installation $ 21.49 $ 3,008.60 PADDING $ - VINYL $ - VCT.TILE $ - WOOD $ - CERAMIC _ $ - 316 CG-BASE If rnatedal&installation , $ 1.34 $ 423.44 53.3 PARTITIONS Using Lift S $ 3.00 $ 159.90 CARPET-BASE $ - STAIRS $ SPECIAL LABOR $ - 140 DEMO Remove&dispose area $ 1.50 $ 210.00 FLOOR PREP. $ - TRIP CHARGE $ - 69.3 FURNITURE Move&replace by New Image $ 2.49 $ 172.56 TOILETS, $ - WEEKENDS 1M-F 5PM Sat Sam to 5 $ - 140 PREVAILING $ 2.50 3 350.00 Sub Total $ 4,324.50 Tax Total 4,324.50 NOTES: MATERIAL SELECTION CARPET-TILE: Mohawk Style collegiate 28 oz w/cushion backing Color: to be selected RUBBER BASE; Burke 4'cove, Color to be selected Thank You For Using New Image For All Of Your Flooring Needs TO* d deo ='S0 €O-EO-.- dv EXHIBIT `B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No. 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 in one or more insurer 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. 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 of this contract. (Labor Code §1 86 1). Date Name of Contractor By: Signature of#uthorized Agent ///v SignatoK's Title Contractor's License No. — 1�/9 --�---� Date let*karpet Tire 6 Rlo-Ai2v rFaDisLAv PAGE "I EXHIBIT "C" - ACO D- CERTIFICATE OF LIABILITY INSURANCE o ii7i o' 3 �+toaucaR n"Cg Wr;ATE IS tSWED AS A MATTER OF VW4 MBATTOM DELA�t E Y INS AGCY 40725700 W'Y AW (.VfA ER3 NO RtcNTS UPON rW CERTMATE MMOER. TWZ COMMCATE DOtS NOT AMEND. EICTEND OR 9035 MAVEN AVE STE.104 ALTER THE COVERAGE APINCUTM By me PCXJMS BELOW. RANCH(} Ct7CAMONGA, c:A 51730 mmustm wa tow CCVE'NAM 909-481-7222 r.a NEtrt IMAGF: COMMERCIAL FLOORING ,wtjw*rA ENVIRONMENTAL CASUALTY INS Cd wss MERCURY CASUALTY COMPANY j 323 W VALLEY BLVD STE-C wsuot"c RIALTO, CA 92376 .+sircera A�w COVERAGES TME POt, a Civ NSLORAMX t.*M OPAOW NAVE BE"ISSUEO TO THE WMACD NAMED ABOVE FOR TME POWCT PMOO WO CATED.'oTWTNBTANDM ANY REm%vwm T.T'ERat OR cowfnON OP ANY caW"FAGT OR OTHER OQCUAErf'r w?"1lKOKtT TO WtK:�q TMS C£ATWICAr'E NAY fZ tt urn CA hoAy PCRTAIW.Tf g oauo4 4CF AFF6AOEO BY THE POLK=OECD NEREN IS:t tw-CT TO ALL 1W TFMAS.EXC AND CONd"'M OFS4Kk1 PK�I,ICtps.AecBttW^7-E LA41 S IN mm RAAY K"BRGEN RCM=W MY PAW MASH TV"Or MlIJRANCE MUCY NUMBER fttxxwmzwa_ _ Rem stkERA+-LwAKJT+r x cowmen m 00WAAL'AMITY FIRE DAMOn W 4 ta.A P woe E MXA .Neo EXP! .,+.p m..) s5,OQO rA12363EGO01068 05ERst -05-02 . 05-05-03 PxAk&Awl—s" 11 1Qd01000 ON+ERA4 AOQREOATe $1,000,000 Q64-L„GQ0b%Aj UWTAFP,lPIM. i 'mcTs-compop^00 S1,000, 000 ^0001004AUAMRIV t s«c4s 4ur+r `I 000.000 ANY#A" A44ow"m xnas aomly n+awY t X ScHm"am m (ow "Imm') H NOMAUTO$ R AC11038992 10-10-02 10-10-03 �,YwA,RV ; dun" c+e*sst) PROPERLY Mk%"QE S WAR,f1P t Au ro a f-EA AM iQ� f ANYAAtrO MRO CM*Lr. Abt� A ixCHr►ur�arrY EAW UCCUR•rE�CE 't G7CCt1R Q1WtJ'u AQCi14GfJN;t 1 RETIAChOM t �� ; tilglrrAxaaartMMT�wwo TOl 4. eg- 9lNftVftVWUAftUrf _ fc.1,6AC,MfCO3CWT ! E1 g13£�4SE Pmocy AVT s OTMil1 pg4�IrPtlOM Opp�TipNit,CICATOwiA►N�Ct tYTMC4t�fnrs M1Ci0 N k1�041{NHrp(I�rKNi ADDITIONAL INSURED FOR ALL PROJECTS 20 DAY NOTICE Of CANCELLATION FOR NONPAYMENT OF PREMIUM. GERM CATS HOLDER X i Ao MMft NKMWE wrauRM L&m A CANCELLATM AMAKO A w er twt"We boem"peueea at careeezta aeftfett"a Do"I!" CITY OF REt3.I ANDS MW T+rar OP IM+N.uw.ONAP"w.r,aO64AM a TO MIN& ,jQ_vare 9 T 1270 W PARI{ AVE BLVD #A 70"04WrAte"MAW%*AMTOT"fi1.r.OUTFANAMM90AGA " REDLANDS, CA 92373 rd 09utAn*OR aAMM or ANY IWW war Ttr[MKIA".ns ASOM ON vc"*OtwfATNQt Aw.++orsera wTye-- TO"d rte--- -_.. AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 6"' day of May, 2003, by and between the City of Redlands, a municipal corporation ("City") and New Image Commercial Flooring ("Contractor"). In consideration of the mutual promises contained herein, City and Contractor agree as follows: ARTICLE I - ENGAGEMENT OF CONTRACTOR Ll City hereby retains Contractor to install carpet in the Building and Safety Office located in Suite 20 of the City's Civic Center(the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California Labor Code sections 1777.1 and 1.777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 The specific services which Contractor shall perform are more particularly described in Exhibit "A," entitled "Proposal/Contract" which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et. M. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California Labor Code section 1773.2, copies of the prevailing rates of per them wages as determined by the Director of the California Department of Industrial Relations for each craft, classification, or type of worker needed to execute this agreement are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands California 92373. 23 Contractor further understands that if it violates the California Labor Code as it relates to prevailing wage, that City shall enforce the California Labor Code by Notice of the withholding of contract payments to the Contractor or Subcontractor pursuant to Labor Code section 1771.6. 2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California Labor Code section 1775 and 1777.7 including providing, the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour len?carpct.bldg.safety I laws and to pay prevailing wages will be enforced by the City pursuant to labor Code sections 1775 and 1813. 15 Contractor and any of its Subcontractors shall comply with the provisions of California 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. 17 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and Section 1771, 1775, 1776, 1777.5 1813 and 1.815 of the California Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 For the performance of the Services, City will pay Contractor the sum of $11,956.82. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's hereinabove invoice, by warrant payable to Contractor. 4.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: City: Ronald C. Mutter Citv of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 Contractor: Hernando Delgado New Image Commercial Flooring 323 W. Valley Blvd. Suite C Rialto, CA 92376 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, bills lem carpabldg.safety 2 and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be_Primary All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of this Agreement pursuant to California Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit -C." Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City prior to commencement of work. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence damage City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. C. Contractor shall sign the Worker's Compensation Insurance Certification attached as Exhibit"B" to this Agreement. 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement. lem carpabldg,safety 5.4 Assignment. Contractor is expressly prohibited front subletting or assigning any of the Services described in this Agreement without the express written consent of City. In the event of mutual agreement between parties to Sublet a portion of the Services, Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liabilitv Insurance, Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. 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 is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work. 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 Z:' I relief,be entitled to recover its reasonable attorneys' fees. 6.2 Contractor shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the terms,provisions, and conditions of this Agreement. 6.3 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor pursuant to this Agreement and any copyright interest in above described documents shall become the property of City and shall be delivered to City upon completion of Services, 6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Set-vices provided pursuant to this Agreement lern carlm,bldg.safety 4 and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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. 6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6,6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: Mayor C�ytlerk Date May 6. 2 0 Q3__ B Date lem carpo,bldg.safety Apr-03-03 05_06P P-02 EXHIBIT "A" NEW IMAGE COMMERCIAL FLOORING 41j323 W. VALLEY BLVD. SUITE.0 RIALTO, CA_92"378 Telephone(909)874-5782 Fax (909)874-7006 PROPOSAUCONTRACT Customer Job Site ESTIMATE DATE 03/27/03 Name city of Rediwds Redlands Building&Safety Address 1270 W.Pwk Ave Bldg A 35 cajun St. City, Zip Redlands,CA.92173 Redlands, CA. Sates Terms Type Of Person Hernando Delgado payment quantity Item Description Unit Price Amount 373 CARPE-TILE Material 8 Installation(glue down $ 21.49 $ 8,015.77 PADDING $ - VINYL $ - VCT_TILE $ - WOOD $ - CERAMIC $ - 717 CO-BASE Material Installation $ 1.34 $ 960.78 PARTITIONS $ - CARPET-BASE $ - STAIRS $ - SPECIAL LABOR $ - 373 DEMO Carpet area $ 1.54 $ 559.50 FLOOR PREP. S - TRIP CHARGE $ 373 FURNITURE Move& replace by New Ima e $ 3.99 $ 1,488.27 TOILETS $ - WEEKENDS $ - 373 PREVAILING WALE $ 2-50 $ 932.50 Sub Total $11,956,82 Tax Total $11,956M NOTES: MATERIAL SELECTION CwpaL Mohawk Stoe-Cowgaie 26oz vvr/uifflY badm►p Color to be seleded Rubbw base:Bums 4 exh rare,calor to be wkx;ted { Thank You For Using New Image For All Of Your Flooring Needs EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No. 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 in one or more insurer 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. 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 of this contract. (Labor Code §1861). 3 Date AI /ZE Name of Contractor By: 'Signature of'A,6thorized Agent -r-- Lz��-jZ--f21ZA--1Z Signato 's Title Contractor's License No. 2_ 0-3 Date ICITI caipabldg.safety 6 f i ii i !! r !ELANEY INS AGCY #0725700CA 91730 • it ♦ • i• * s ' ' • 9035 RAVEN AvE STE.104 909-481-7222• s ! ! 05-05-02 05-05-03 UANUrf AMVAUM ALL f` s w�♦w ♦ * s s t s • iii •.. ,. :•... � rill • •• ! !! ` • III m AuTedff f! t t 4. "` !AC11038992 AIM t� usmI a s #at, i a ADDXTIONAL INSURED MR PROJECTS • ! NOTT PREMIUM f a CITY Of- � M ; REPLANDS f W PARK AVE : • ! • CA ♦2373 • 1 6 f! s AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 6th day of May, 2003, by and between the City of Redlands, a municipal corporation ("City") and New linage Commercial Flooring ("Contractor"). 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 install carpet in the City Treasurer's Office located in Suite 15B of the City's Civic Center(the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California 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," entitled "Proposal/Contract" which is attached hereto and incorporated herein by this reference. 2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et. sec. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California Labor Code section 1773.2, copies of the prevailing rates of per them wages as determined by the Director of the California Department of Industrial Relations for each craft, classification, or type of worker needed to execute this agreement are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands California 92373. 2.3 Contractor further understands that if it violates the California Labor Code as it relates to 'ling wage, that City shall enforce the Labor Code by Notice of the prevailing I CaliforniaI I withholding of contract payments to the Conti-actor or Subcontractor pursuant to Labor Code section 1771.6, 2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California Labor Code section 1775 and i 1777.7 including providing the Subcontractor with copies of tl-ie provisions of Sections 1771, 1775, 1776, 1777,5, 1813 and IS 15 of the Labor Code. Contractor acknowledges that the statutory provisions for penalties for failure to comply with state wage and hour le ni,c arpe t.Treasurer laws and to pay prevailing Mages will be enforced by the City pursuant to labor Code sections 1775 and 1813. 2.5 Contractor and any of its Subcontractors shall comply with the provisions of California 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 Section 1771, 1775, 1776, 1777.5 1813 and 1815 of the California Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 4 -PAYMENT AND NOTICE 4.1 For the performance of the Services, City will pay Contractor the sum of $4,177.05. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's hereinabove invoice, by warrant payable to Contractor. 4.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: City: Ronald C. Mutter City of Redlands Public Works Department PO Box 3005 Redlands, CA 92373 Contractor: liernando Delgado New Image Commercial Flooring 323 W. Valley Blvd. Suite C Rialto, CA 92376 7 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 deemedgiven at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills lem,carpef.T sureer 2 and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of this Agreement pursuant to California Labor Code sections 3700 and 1.860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit "C." Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City prior to commencement of work. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. C. Contractor shall sign the Worker's Compensation Insurance Certification attached as Exhibit "B" to this Agreement, 5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising fi-orn injury or death to persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement. 01 3 5.4 Assiartment. Contractor is expressly prohibited from subletting or assigning any of the Services described in this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. 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 is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self-insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work. 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 patty shall, in addition to any costs and other relief, be entitled to recover its reasonable attomevs' fees, 6.2 Contractor shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of City and in strict compliance with the tenns, provisions, and conditions of this Agreement. 6.3 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor pursuant to this Agreement and any copyright interest in above described documents shall become the property of City and shall be delivered to City upon completion of Services. 6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Services provided pursuant to this Agreement icincarpet,rreasum 4 and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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. 6.5 Unless earlier tenninated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services, 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 perfon-ning the Services required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. 6,8 This Agreement shall be governed by and construed in accordance with the laws of the State of Califon-iia. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: ByAt Mayor CityQ ierk Date May 6, 2003 B Date le Ill.calpe 5 Apr-03-03 05 :06P P-01 EXHIBIT "A" APR 2003 Received !f NEW IMAGE COMMERCIAL FL Public Works 4 61 NOrtrnent 323 W. VALLEY BLVD, SUITE.0 RIALTO, ` IALTO, CA, 92376 -ce LZ 0-ts- T elephone (909) 874-5782 Fax(909) 8747006 PROPOSAUCONTRACT Customer Job Site ESTIMATE DATE 03127103 Name City of Redtands Redlands City Treasure Address 1270 W Park Ave Bldg A 35 cajun St, 2Lty, Zip Redlands,CA 92173 Redlands,CA_ Salusrs m Type Ctf Person Hernando Delgado Payment Type Quantity Item Description Unit Price Amount 130.5 CARPE -TILE Material&installation(glue dor $ 21.49 $ 2.808.59 PADDING $ VINYL $ - 1VCT.TILE $ - VVO0D $ - CERAMIC $ - 244 CO-BASE Material & Installation $ 1.34 $ 328.96 PARTITIONS $ - CARPET-BASE $ STAIRS -S SPECIAL LABOR S 130.8 DEMO Carpet area $ 1,50 $ 195.90 FLOOR PREP. $ - TRIP CHARGE $ - 130A FURNITURE Move&re lace by New image $ 3.99 $ 521.09 TOILETS $ - WEEKENDS $ - 130.8 PREVAUNG WAGE $ 2.50 $ 328.50 Sub Total $ 4,177.05 Tax Total $ 4,177.05 NOTES: MATERIAL SELECTION Carpet:Mohawk style Cotftiate 26w w/unitary backing Color to be so*ow Rubber base:Burke 4 Mh Cow,,coiar to be awActod Thank You For Using New Image For All Of Your Flooring �eeds EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No. 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 in one or more insurer 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. 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,of this contract. (Labor Code §1861). Date X/ Name of Contractor B, Signature of An orized Agent 1141/61-6— Signatory's Title Contractor's License No. 1,9 :3 Date 6 4i-491illf-A11:19 dil 11 i — 1 TM CEIRMICATF 16 46"AS A MATTER OF INPORMATION DELANEY INS AGCY #0725700 ONLY ^NO CONFEM NO RIG"TZ UPOld r"E CERTWICATE HOLDER. T)*9 CfXTl$rlCATE WES NOT AMM EXTV40 OR 9035 RAVEN AVE STE.104 ALTER THE COVERAGE Afromom By T"t rotims 11— MNCHO CUCAMONGA, CA 51730 INSUPWIM APFC0000 COVERAGE 909-491-7222 a ' HAE 4 WA,I a 1 1!a W-IqA i 4 i4W -------------- 05-05-02 ; 05-05,-03 Pem-vot a PAN I*JVRY OW&WAL AGORMAM V400tCTS-COMPIOP PAD.G UAoLny ANY AWO A"OWNED AUTCd SCM00ULMAttn" $41AMAUTM !AC11038992 m A10"hit—9XVICLUS-0 ACM I ADDITIONAL INSURED FOR ALL PROjF:CTS If DAY NOTICE OF CAN L(3—NFOR NONPAPIM-OF PREMIUM. ------------ g'4-f:- ----- CITY Or PZPLANDS 1270 W PARK AVF, Btvn #K REDLANDS, CA 92373 AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 6'h day of May, 2003, by and between the City of Redlands, a municipal corporation ("City") and New Image Commercial Flooring ("Contractor"). 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 install carpet in the Police Chiefs conference room located at 30 Cajon Street and in the Records/Xerox Room of the Redlands Police Department located at 212 Brookside Avenue (the"Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California 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-1 and A-2," entitled "Proposal/Contract" which is attached hereto and incorporated herein by this reference. 12 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the performance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 177'0 et. sem. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California Labor Code section 1773.2, copies of the prevailing rates of per them wages as determined by the Director of the California Department of Industrial Relations for each craft, classification, or type of worker needed to execute this agreement are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing), Redlands California 92373. 2.3 Contractor her understands that if it violates the California Labor Code as it relates to prevailing wage. that City shall enforce the California Labor Code by Notice of the withholding of contract pays eats to the Contractor or Subcontractor pursuant to Labor Code section 1771.6. 14 Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California Labor Code section 1775 and 1777.7 including providing the subcontractor with copies of the provisions of Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges lem capet"Police I that the statutory provisions for penalties for failure to comply with state wage and hour laws and to pay prevailing wages will be enforced by the City pursuant to labor Cade sections 1775 and 1813. 2.5 Contractor and any of its Subcontractors shall comply with the provisions of California Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. .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 Section 1771, 1775, 1776, 1777.5 1812 and 1815 of the California Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall perform the Services in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 For the performance of the Services, City will pay Contractor the $739.68 for carpeting to be installed in the Police Chief s conference room in the Police Department Annex and $2,482.55 for carpeting to be installed in the Police Department's Records/Xerox room for the total sum of $3,222.23. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's.hereinabove invoice, by warrant payable to Contractor. 4.3 All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows. Cit : James R. Bueermann, Chief of Police Redlands Police Department PO Box 3005 Redlands, CA 923-13 Contractor: Hernando Delgado New Image Commercial. Flooring :323 W. Valley Blvd. Suite C Rialto, CA 92376 When so addressed, such notices shall be deemed given upon deposit in the United States mail, leracctrE_,.Pc1aae 2 i 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, bilis and payments are to be given by giving notice pursuant to this paragraph. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Contractor shall provide City with Certificates of Insurance and endorsements evidencing such insurance prior to commencement of work. 5.2 Workers' Compensation and Employer's Liability A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of this Agreement pursuant to California Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit "C." Such insurance shall be primary and non- contributing to any insurance or self-insurance maintained by City. The insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Certificates of Insurance shall be delivered to City prior to commencement of work. B. Contractor expressly waives all rights to subrogation against City, its elected officials, officers and employees for losses arising from work performed by Contractor for City by expressly waiving Contractor's immunity for injuries to Contractor's employees and agrees that the obligation to indemnify, defend and hold harmless provided for in this Agreement extends to any claim brought by or on behalf of any employee of Contractor. This waiver is mutually negotiated by the parties. This shall not apply to any damage resulting from the sole negligence of City, its agents and employees. To the extent any of the damages referenced herein were caused by or resulted from the concurrent negligence of City, its agents or employees, the obligations provided herein to indemnify, defend and hold harmless are valid and enforceable only to the extent of the negligence of Contractor, its officers, agents and employees. C. Contractor shall sign.the Corker's Compensation Insurance Certification attached as Exhibit"B"to this Agreement. 5.3 hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and defend. City and its elected officials, agents, and employees from and against any and all claims, losses or liability, including attorney's fees, arising frorn injury or death to ter€€s ripe€..Police 3 persons or damage to property occasioned by any act, omission or failure of Contractor, its officer, agents and employees in performing the Services required by this Agreement. 5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of the Services described in this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services. Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work beim performed by the subcontractor. Assignment does not include printing or other customary reimbursable expenses that may be provided in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout the duration of the Agreement comprehensive general liability insurance with carriers acceptable to City. 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 is required. City shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to City. Such insurance shall be primary and non-contributing to any insurance or self insurance maintained by City. Certificates of insurance and endorsements shall be delivered to City prior to commencement of work. 5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with minimum limits of one million ($1,000,000) per occurrence, combined single limit for bodily injury liability and property damage liability. This coverage shall include all consultant owned vehicles used on the project, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and a certificate of insurance shall be delivered to City prior to commencement of work. 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. 6.2 Contractor shall not sublet or assign any of the Services to be performed under this Agreement, except with the prior written approval of Cita and in strict compliance with the terms, provisions, and conditions of this Agreement. 6.3 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Project documents developed by Contractor pursuant to this Agreement and any copyright interest in above described documents shall become the property of City and shall be delivered to City upon completion of Services. 6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to the Services provided pursuant to this Agreement and not an employee of City. All qualified personnel provided by Contractor pursuant to the provisions of this Agreement are to be employed by Contractor 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. 6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all 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 required by this Agreement. Contractor shall be compensated on a pro-rata basis for any work completed up until notice of termination. 6.7 This Agreement, including the attachments incorporated herein by reference, represents the entire agreement and understanding between the parties as to the matters contained herein and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by the City Council of City and signed by City and Contractor. 6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: Bv Mayor City Oerk Date_jXay_j,_jD_0�... B v Date__,;�/Z- 10-3 lem carpet-Police 5 NEW IMAGE COMMERCIAL FLOORING lglb323 W. VALLEY BLVD. SUITE.0 RIALTO, CA. 92376 Telephone(909) 874-5782 Fax(909) 874-7006 PROPOSAUCONTRACT Customer Job Site ESTIMATE DATE 03127/03 Name City of R"areds City of Redlands Annex Address 1270 W.Park Ave Bldg A 34 Cajun St City, Zip RedWnd5,CA.92173 Redlands, CA. Sales Tenms Type Of Person Hernando Delgado Payment Quanti Item Description Unit Price Amount 41.3 CARPET s Matenal 8 Installation lue down S 11.$2 S 492.30 PADDING $ - VINYL $ VCT.TILE $ - WOOD $ - CERAMIC $ - CO-BASE not included $ - PARTITIONS $ CARPET-BASE $ - STAIRS $ SPECIAL LABOR $ - 41.3 10EM0 Remove&dispose(carea $ 1.50 $ 61.95 FLOOR PREP. $ - TRIP CHARGE $ - 41.3 FURNITURE Move&re ace by New Image $ 1.99 $ 82.19 TOILETS $ - WEEKENDS $ 41.3 PREVALING WAGE IS 2.50 $ 103.25 Sub Total $ 739.68 Tax Total $ 739.68 NOTES: MATERIAL SELECTION CARPET: Queens 28 oz with unitary calor,221 Midnight Blue RUBBER BASE: not included { Thank You For Using New Image For All Of Your Flooring Needs EXHIBIT "A-111 NEW IMAGE COMMERCIAL FLOORING 4g@jr323-W.VALLEY BLVD. SUITE.0 IALTO, CA. 82376 elephone(009) 8743782 Fax(909)874-7008 PROPOSAUCONTRACT Customer Job Site ESTIMATE DATE 04102(03 Name city of Redlands CLty of Redlands Records Room Address 1270 W.Petit Ave 8ki9 A 12 Brookside City, Zil) Res,CA 92173 Redlands,CA. Salas Terms Type Of Person Hernando Delgado Payment Quantity Item DiiiscripWq Unit Price Amount 105 CARPET Sy Material& Installation(glue down) $ 11.92 S 1,251.60 PADDING $ VINYL $ VCT.TILE $ WOOD $ CERAMIC $ 175 CO-BASE If material&iris Wlation $ 1.34 $ 234.50 PARTITIONS $ - CARPET-BASE $ STAIRS S - SPECIAL LABOR $ - 105 DEMO Remove A dispose area $ 1.50 $ 157.50 FLOOR PREP. $ TRIP CHARGE $ 105 FURNITURE Move&replace by New Image $ 3.98 $ 418.95 TOILETS $ 105 WEEKENDS install on Sunday 1.50 $ 157.50 105 PREVALING WAGE $ 2.50 $ 282.50 Sub Total $ 21482.55 Tax Total 2,482.55 NOTES; MATERIAL SELECTION CARPET: Queens 28 oz with unitary calor;221 Midnight Blue RUBBER BASE; Brice 4'cove color,to be selected r Thank You For Using New Image For All Of Your Flooring Needs EXHIBIT "A-2't EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Contract No. Even,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 in one or more insurer 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. I am aware of the provisions of Section 3740 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 of this contract. (Labor Code §1861). Date Name of Cont;acto >7' A le By: Si,gnature of Ai(th rized Agent r Title Contractor's License No. Date lem carpet-.Polio 6 U4t11/2003 15:41 909-4U4-?:00 PI%,ttARD 1'REMBL4Y PAt US EXHIBIT "C" ACO&D CERTIFICATE OF LIABILITY INSURANCEDAM 04/17/2003 r+ THIS CERTIFICATE 16 asst ED Aft A(MATTER OF VWORMATJOW DELANEY INS AGCY 40725700 ONLY AM CtWrM NO RIGHTS UPON THE CMnffCATfE HOLDW T)*9 CERTIFICATE 00ta NOT AbtEND, EXT00 OR 9035 HAVEN AVE STE.104 ALTER THE COVERAGE M BY rift POLWXS BELOW. RANCHO CIUCAMONGA, CA 91730 INSUl&R11 APFCO INN C.ME`ffAGE - 909-4al-7222 'tea NEW IMAGE COMMERCIAL FLOORING A ENVIRONMENTAL CASUALTY INS CO ",ow*o MERCURY CASUALTY COMPANY 323 W VALLEY BLVD STE.C moscxscvc ----- RIALTO, CA 92376 COVE-RAGES THE POUCICS OF N tMMO SLOW HAVE BEEN ISSUE-0 TO TME lthAVO NAAWO Asr W FOR THE POWY PEititX'!MKXCATM NOTWtTHSTANUING ANY"EQ6tfRt°Ji"t TMA OR CfJNMT10N O!ANY CCMT*Att CSR OTHER 0OCUMENT WITH RESPECT TO WHICM TM CERTW=ATIE MAY HE ASUM M MAY Pf RTA1N.THE MNSC00NCE APTOOMW BY The PGs.ICt93 OESCRMO WEREN 4S SU CT TO 04,4 TiiF TPS,E)=l)&KAW ANO CON1X*rXws OF SVC" POLICES.A[IMF"TE LAMS 3"O1WN MAY HAvE MEN REDUCED 6Y PAIn 6LAA I TYTE ew assupAmm nolo wimsEil _ 01itM12= _ LrrrA alYrt»ttw c, ,fLo tl,000,000 X carrt,Et,ptAl oEM..I LI.&L+n ry> tau tsa ww oris" $100,000 CtAry$woe Ccoccm f"M" l 75-, 000 A 12363EGO01068 OS-fly-02 05-05'•03 Pfm7ml.tuwra,ul" 11,000,000 _AGOREDATE t1,00Q,d00 t?F*:l AGGREGt►T!lu,rr Apes i*noouCTs_GOA��dDPAflC. $1,000, 000 ?C wlrl0*40,E UAe UTf Y Can S&Gt.E LOW NY AAunt) tea scc✓ tl t 1 0 00,C10 0 Ata.0000 AUTOS eoonv OCRAWf X :c.« oAurtnrS t�cs�s++l B NIRMAUTO$ I AC1103899L I0-18-02 10-18-031 .`t'uaURY S aON..CrimttmAtJlt}y ('raeraaGs<»,) .. __ .. {� trxtlsstlOAituCE f ��t1Ai>IIIIY ! AurzlagY-f14AtX'daCt13' S ANY AUM .� QT�Ri'Ah f�tAGC AL40 ONLYL iFC£fi UAwttTv EA47*t+CCURR>:R� �; t]CGt.iR El aAO13 MApE otouccAl[1(}REtAATE - } -•__••� S me 2 R£Tl71'ttfl11 f t 1YgRitXttsiliwT�w+uSn �- ry, taftaYi'RrLVA1U" T Lmrs ER E-1.fAC6+ACODENT s { Ed+ -fy►F3,aruwEE S oTltteeR sr osAtu��Trntcs�m{A� tasolts A Yr t �rrrr,..cu1►chlowrtlry ADDITIONAL INSURED FOR ALL PROJECTS 10 DAY NOTICE OF CANCtLLATION FOR NONPAYMENT Of' PPXMIUM. CERTIFICATE WXAWAR IX •I tIM A GANCI U ATION CITY or REI)L"D$ amomoAWorf*4 Atfta ersc,a m Winn St mac,$ Lp YW Ekftt^tm OATt rx �T}r j'i@itll,tS tNr�t,RltR 1lYY.t, - To max �,.v myt tm l"vt 1270 W PARK .AVE S1.V Y} �A "a""TOTMa cwt Tt +t rn T �m mREDLANDS, CA 92373 TO00do* AM"bbt tEAUW pat U#aAa Y9,AW MW UP"*IW Its A61WS 0* t+uTtbet ACON ✓;�+I Ate""` f} (;°rpt) TO-d WE£ =RO EO-ST- Adv