HomeMy WebLinkAboutContracts & Agreements_21-2013_CCv0001.pdf AGREEMENT TO PERFORM SERVICES ASSOCIATED WITH LANDFILL
SECURITY FENCING PROJECT FOR THE CITY OF REDLANDS
This Agreement is made and entered into this 5th day of February, 2013 by and between
the City of Redlands,a municipal corporation("City')and El Rod Fence Company
("Contractor"}. City and Contractor are sometimes individually referred to herein as a"Party"
and,together as the"Parties."
In consideration of the mutual promises contained herein,City and Contractor agree as
follows:
ARTICLE I -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to provide the removal of existing fence and installation of
new permanent and temporary fence and appurtenances as complete units for the
California Street Landfill for the City's Quality of Life Department(the"Services').
1.2 Contractor and its subcontractors shall possess the appropriate State Contractor's License
required for the performance of the Services and shall not be debarred pursuant to Labor
Code sections 1777.1 and 1777.7.
ARTICLE 2-RESPONSIBILITIES OF CONTRACTOR
2.1 The specific Services which Contractor shall perform are to to provide the removal of
existing fence and installation of new permanent and temporary fence and appurtenances
as complete units for the California Street Landfill further described in Specifications for
CALIFORNIA STREET LANDFILL—SECURITY FENCING PROJECT 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 Labor Code section
1770 et. seq. and non-discrimination laws including the American's 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 perform the Services are on file at
the City's Quality of Life Department, Civic Center, 35 Cajon Street, Suite 222 (P.O.
Box- 3005 mailing)Redlands, California 92373.
2.3 If Contractor violates the Labor Code relating to the payment of prevailing wages, City
may enforce the Labor Code by withholding of contract payments to Contractor pursuant
to Labor Code section 1771.6.
2.4 If Contractor executes an agreement with a subcontractor to perform any Services under
this Agreement Contractor shall comply with Labor Code sections 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 laws and
to pay prevailing wages may be enforced by City pursuant to Labor Code sections 1775
and 1813.
2.5 Contractor acknowledges that eight (8) hours constitute a legal day's work pursuant to
Labor Code section 1810. Contractor and its subcontractors shall comply with the
provisions of Labor Code section 1776 regarding payroll records maintenance,
certifications, retention and inspection. Contractor shall also comply with the provisions
of Labor Code section 1777.5 as to apprenticeships, and Labor Code sections 1771., 1775,
1776, 17775, 1813 and 1815.
ARTICLE 3 - PERIOD OF SERVICE
11 The term of this Agreement shall commence on Februanr 5. 2013 and terminate upon the
completion. and City's acceptance of. the Services.
3.2 Contractor shall complete the Services by April 15,2011
ARTICLE 4 - PAYMENT AND NOTICE
4.1 For the performance of the Services, City, will pay Contractor the sum of Sixty Nine
Thousand Eight Hundred and Nineteen Dollars ($69,819.00) as full compensation for the
Services.
4.2 Payments by City to Contractor shall be made within thirty (30) days after receipt and
approval of Contractor's invoice, by warrant payable to Contractor,
4.3 All notices shall be made in writing and may be given by personal delivery or by mail.
Notices sent by mail should be addressed as follows:
City: Contractor:
Fred Cardenas, Quality of Life Director Bob El Rod, Owner/President
CItV of Redlands El Rod Fence Company
Quality of Life Department 6459 Mission Blvd.
PO Box 3005 Riverside, CA 92509
Redlands,CA 92373
When so addressed. such notices shall be deemed given upon deposit in the United States mail.-
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices, bills
and payments are to beb,,'ven
91 y giving notice pursuant to this paragraph.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
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5.1 Except for Workers' Compensation insurance, all insurance required by this Agreement
shall be maintained by Contractor for the duration of the term of this Agreement and shall
be primary with respect to City and non-contributing to any insurance or self-insurance
maintained by Cjty. City shall be named an additional insured and Contractor shall
provide City with certificates of insurance and endorsements evidencing such insurance
prior to commencement of the Services. The insurance policies shall contain a provision
prohibiting cancellation of the policies except upon thirty (30)days prior written notice to
City.
52 Contractor shall maintain Workers' Compensation and Employer's Liability insurance
for its employees throughout the duration of the term of this Agreement pursuant to
Labor Code sections 3700 and 1.860 and in an amount which meets the statutory
requirement with an insurance carrier acceptable to City.
53 Contractor shall 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.
5.4 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 Contractor owned vehicles
used on the project, hired and non-owned vehicles, and employee non-ownership
vehicles.
5.5 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
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attorneys- fees. arising from injury or death to persons or damage to property occasioned
by anv act, omission or failure of Contractor, or Contractor's employees or agents, in
performing the Services required by this Agreement.
ARTICLE 6- GENERAL CONSIDERATIONS
6.1 In the event any action is commenced to enforce or interpret any of the terms or
conditions of this Agreement the prevailing party shall, in addition to any costs and other
relief, be entitled to recover its reasonable attorneys' fees, including fees for use of in-
house counsel by a Part-v.
6,2 Contractor shall not assign any of the Services except with the prior written approval of
City and in strict compliance with the terms, provisions and conditions of this
Agreement.
63 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to its performance of the Services and not an
employee of City. All personnel provided by Contractor pursuant to the provisions of
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this Agreement are 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 Citv. Nothing in this Agreement shall
be considered to create the relationship of employer and employee between the parties.
6A 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.
6.5 This Agreement, including the exhibits 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.
6,6 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 EL ROD FENCE COMPANY
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At
Pete Aguilar, Mayor Bob El Rod, Owner/President
ATTEST:
Sam Irwin,C�tv(Jerk
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