HomeMy WebLinkAboutContracts & Agreements_39-2010_CCv0001.pdf AGREEMENT FOR THE INSTALLATION OF AN AIR CONDITIONING UNIT FOR
THE CITY OF REDLANDS' EOC UTILITY ROOM
This agreement for the installation of an air conditioning unit and appurtenances for the City of
Redlands' EOC Utility Room ("Agreement") is made and entered into this 16`'' day of March, 2010
("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and
Burgeson's Heating and Air Conditioning, 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
LI City hereby retains Contractor for the Installation of an air conditioning unit and appurtenances
for City's EOC Utility Room located at City's Corporation Yard, 1270 W. Park, Redlands, CA
92373 (the "Work"). The details and scope of the Work to be performed by Contractor are
specified in Exhibit"A,"which is attached hereto and incorporated herein by this reference.
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the Work to, and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 LRESPONSIBILITIES OF CONTRACTOR
2.1 Contractor shall comply with all applicable federal, state and local laws and regulations in the
performance of the Work including, but not limited, to all Labor Code and prevailing wage laws
and non-discrimination laws, including the Americans with Disabilities Act. Pursuant to 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 undertake the Work 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.
2,2 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.
2.3 If Contractor executes an agreement with a subcontractor to perform any portion of the Work,
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 1.775 and 1813.
2.4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection,
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2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.6 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.
2.7 Prior to and during any excavation, Contractor shall comply with Government Code section 4216
et seq.
2.8 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to
City all rights, title and interest in and to all causes of action it may have under section 4 of the
Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with
section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from
purchases of goods, services or materials pursuant to this Agreement
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Work upon City's delivery to Contractor of a written "Notice to
Proceed."
3.2 Contractor shall complete the Work within forty (40) 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 Ten Thousand Four Hundred Ninety-Five Dollars
($10,495.00) as complete compensation for the Work.
4.2 Payments by City to Contractor shall be made within thirty (30) days after City's receipt and
approval of Contractor's invoice, by warrant payable to Contractor,
4.3 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
sent by mail shall be addressed as follows:
City:
Tim Wilson, PE RA
Municipal Utilities and Engineering Department
City of Redlands Suite 15A
P.O. Box 3005,
Redlands, CA 92373
Contractor:
Bob Evans, Manager
Burgeson's Heating and Air Conditioning Inc.
420 Tennessee Street
Redlands. CA 92374-2952
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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 the names and addresses of the e person to whom notices are to
be given by giving notice pursuant to this section 4.3.
4.4 Pursuant to Public Contract Code section 22300, Contractor has the option to deposit securities
with an Escrow Agent as a substitute for any monies withheld by City to ensure Contractor's
performance pursuant to Public Contract Code section 22300.
4.5 Pursuant to Government Code section 4215, City assumes the responsibility for the timely
removal, relocation or protection of existing main or trunkline utility facilities located on the site
of the Work, if such utilities are not identified by City in the plans and specifications attached as
part of Exhibit"A." City shall compensate Contractor for the costs of locating, repairing damage
not due to the failure of Contractor to exercise reasonable care, and removing or relocating such
utility facilities not indicated in the plans and specifications with reasonable accuracy and for
equipment on the Project necessarily idled during such work. Contractor shall not be assessed
liquidated damages for delay in completion of the Work, when such delay was caused by the
failure of City or the owner of the utility to provide for removal or relocation of such utility
facilities. However, City is not required to indicate the presence of existing service laterals or
appurtenances whenever presence of such utilities on the Work site can be inferred from the
presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to
the Work site, provided that City must identify main or trunklines in the plans and specifications
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 ncebe Primary. All insurance required by this Agreement shall be
maintained by Contractor throughout Contractor's performance of the Work, and shall be
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primary with respect to City and non-contributing to any insurance or self-insurance maintained
by City.
5.2 Workers' Compensation and-Em lo er's Liability Contractor shall secure and maintain
Workers' Compensation and Employer's Liability insurance for its employees throughout the
performance of the Work pursuant to Labor Code sections 3700 and 1860, in an amount which
meets statutory requirements, with an. insurance carrier acceptable to City. The insurance policy
shall include a provision prohibiting the policy's cancellation except upon thirty (30) days prior
written notice to City. Contractor shall execute and deliver to City a Worker's Compensation
Insurance Certification in the form attached hereto as Exhibit "B"prior to commencement of any
Work.
5.3 Hold Harmless and Indemnification. 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 Project,
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5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Work- without the express prior written consent of City. In the event of agreement by the
Parties to assign a portion of the Work, 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.
5.5 Comarehensive General Liability Insurance Contractor shall secure and maintain in force
throughout the duration of the Work 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 Work.
5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout the
duration of the Project 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 on the
Project, 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 Work.
5.7 Liquidated Dama es The failure of Contractor to complete the work within the time allowed will
result in damages being sustained by City. Such damages are, and will continue to be, impracticable
and extremely difficult to determine. Contractor shall pay to City, or have withheld from monies
due it, the sum of $500 for each consecutive calendar day in excess of the specified time for
completion of the Work. Execution of this Agreement shall constitute agreement by City and
d by the failure of Con
Contractor that $500 per day is the estimated damage to City caused tractor to
complete the Work within the allowed time. Such sum represents liquidated damages and shall not
be construed as a penalty, and may be deducted from payments due the Contractor If such delay
occurs.
ARTICLE 6 - GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of
this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to
recover its reasonable attorneys' fees, including fees for the use of in-house counsel by a Party.
6.2 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives, designs and specifications, cost estimates, and other documents developed by
Contractor for the Work shall become the property of City and shall be delivered to City upon
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eson's Heatingand Air Agreement,&w
completion of the Work.
6.3 Contractor is, for all purposes under this Agreement, an independent contractor with respect to
the performance of the Work and not an employee of City. All personnel employed by
Contractor to perform the Work 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 Work by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days' prior written notice to Contractor.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work 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 Work. 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.
6.9 Claims by Contractor in the amount of Three Hundred Seventy-Five Thousand Dollars ($375,000)
or less shall be made by Contractor and processed by City pursuant to the provisions of Part 3,
Chapter 1, Article 1.5 of the Public Contract Code (commencing with section 20104). All claims
shall be in writing and include the documents necessary to substantiate the claim.
6.10 If any provision or of this Agreement is held to be void or unenforceable under any law or
regulation, it shall be deemed stricken, and all remaining provisions shall continue to be valid and
binding upon City and Contractor.
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IN WITNESS WHEREOF, duty authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS ATTEST:
By
Tina Kundig City Clerk
Finance Director / , s, ,.-
Burgeson's Heating and Air Conditioning Inc.
B} kLrvlc� Date
Bob Evans, Manager
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rpu Page No.
at Pages
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HEAT/NG&A/6'—?COND/TION/NG5C
b20 TENNESSEE ST., REDLANDS,CA 92374-2952
PROPOSAL SUBMITTED TO (909)793-3685 • [Ac.No. 263871
Cit Of Redlands PHONE
STREET _ 909-798-7588 DATE
35 Cajon 5t, JOB NAME Januar 19, 2010
CITY,STATE,AND ZIP CODE Redlands Police Dept IT Room
Redlands, Ca 92373 JOB LOCATION
ARCHITECT 1270 W. Park Bldg Redlands, Ca
DATE OF PLANS DATE PROMISED
JOB PHONE
We hereby submit specifications and estimates lor:
...Furnish and install air conditioning system as follows
A YORK model # XP060C0ON1AAA2 5 ton 230 volt single phase
R-4Tt7 refrigerant shall be installed on the roof ori' a she
g P packaged err conditioning unit using
- p fabricates roof Cufb.
Unit to include a field installed law ambient control to allow the unit to ro e
low ambient conditions. -
P p rly operate in
-ansa al letion sha11 include 4-su _
The su 1
and return supply -registers and 2 return grrIles,
galvailpped irOn fittingg r ductwork shall be R-H flexible fiberglass duct with insulated
_ - _ fated
Job to include low voltage wiring, line voltage wiring,
disconnect, Totaline_7 day Title 24 a condensate piping, single phase fused
equipment, approved programmable thermos at
, startup of
Also to include removal of old equipment "-
Note:
quipment11
o e: This proposal is based_
��'prevailin4 wages.
__ _— _..,.�...... .
Burgeson's Heating and Air Conditioning p
and workmanshi r Iided orated provides a one-year guarantee on material
P �xtend'ect warranties Provided
year. p ided by manufacture d0 not include labor beyond first
VrupOSC hereby to furnish material and labor-Complete in accordance
TEN THOUSAND FOUR HUNDRED NINETY FIVE AND 00/100--___-_--` wlthabovespecifications, forthesumof:
Payment to be made as follows; -
dollars (g 10, 495.00
01 payments delinquent over thirty days shall baa,an interest and service charge ofrip P,
t y,% )
is the court deems reasonable as and for attorney's fees. Contractors are required by law e m licensed and r
per month. Should reg be necessary c collect any amount due hereunder owner erring to pay such sum
re referred to the registrar of the board whose address is:Contractors'State Board-1020 N Street,Sacramento,California 814. h e(916)366-5153.
regulated by the Co tors Slate Beard. Any questions concerning a contractor may
itt material is guaranteed to be specified. All work to be complete in a workmanlike manner
crnrding to standard practices.Any alteration or deviation from above specifications ovotving
x tra costs will be executed only upon writ ten orders,and wilt become an extra charge over and
bove the estimate. All agreements are Contin ant ants Authorized
ue control.Owner to carry fire,tornado and other necessary Insurance acciouroworkers arefully
Signature
veered by Workmen's Compensation insurance. Note.This prapo I ay be
t withdrawn by us if not accepted w thin 1 0
�CCP}1f�IItCP 1Itj days.
The above prices,specifications
id conditions are satisfactory and are hereby accepted.You are authorized to do the
irk as specified.Payment wilt be made as outlined above.
Signature
ate of Acceptance: --
___ Signature a
i\ (t7Ev y0g).PH P—Mg(goy)38707 t 7
YORK 5 TON PAG" 1!GOOLIN6 UNIT
206/290 VOLT 9pµAee
14" 14'
14'
4'0
4 EACH 5UPPL7' RE6f5TER5
250 CFM EACH
9axba
SHOWERS 12' 1 °
xbm
REDLANDS POLICE L?EPARTMMENT
1270 kN. PARK AVE.
REDLANDS, CA 825-73
IT ROOM AJC 5'r5TEM
]BUR ESON'HEAINC.MWO a-AIR COj� O yy�yp��3 INC.
620 TENNESSEE ST.
REDLANDS,CA 92374
OFC 909-793-3685 FAX 9��04-792-2149
WWW.� G +�. M
S-1
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Project: AC unit and appurtenances for the EOC Utility Room at 1270 W. Park, Redlands, CA 922373
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 Agreement. (Labor Code §1 86 1),
Burgeson's Heating and Air Conditioning Inc. Date:
By: 263871
Bob Evans, Manager
Contractor's License No.
B-2