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HomeMy WebLinkAboutContracts & Agreements_121-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 1 st day of July,2003,by and between the City of Redlands, a municipal corporation ("City") and Commercial Door Metal Systems, Inc. ("Contractor"). In consideration of the mutual promises contained herein, City and Contractor agree as follows: 1 ARTICLE 1 - ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to remove and replace thirteen exterior doors and jambs including new hardware and lock sets (the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractor's License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to Labor Code sections 1777.1 and 1777.7. ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR 2.1 The specific services which Contractor shall perform are more particularly described in Exhibit"A,"entitled"Proposal/Contract,"which is attached hereto and incorporated herein by this reference. 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 diem wages as determined by the Director of the California Department of Industrial Relations for each craft. classification or type of worker needed to perform the Services are on file at the City's Public Works Department. Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 3005 mailing) Redlands, California 92373. a. Contractor agrees that if it violates the Labor Code relating to prevailing wage,that City shall enforce the Labor Code by Notice of the withholding of contract payments to Contractor pursuant to Labor Code section 1771.6. b. Contractor agrees that if it executes an agreement with a subcontractor to perform work under this Agreement that 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 will be enforced by City pursuant to Labor Code sections 1775 and 1 1813. c. Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 regarding payroll records maintenance, certifications, retention and inspection. d. Contractor acknowledges that eight(8)hours constitute a legal day's work pursuant to Labor Code section 1810. i e. Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships, and sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the 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 S 22,167.00 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's 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: Mike Holmes Commercial Door Metal Systems, Inc. 1374 E. Ninth Street Pomona, CA 91766 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 be given by giving notice pursuant to this paragraph. 2 ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement shall be maintained by Contractor for the duration of the performance of the Services 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 the Services. i 5.2 Workers' Compensation and Employer's Liability I A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the duration of the Services pursuant to Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City. 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 the Services. 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. 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. 5.4 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 3 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 the Services. 5.5 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 :1 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 a certificate of insurance shall be delivered to City prior to commencement of the Services. 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 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 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. 6.4 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.5 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. 6.6 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 4 City and signed by City and Contractor. 6.7 Ihhis 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. i CITY OF REDLANDS ATTEST: 1 By -- — - Mavor City erk Date July 1 , 2003 By Date Owner EXHIBIT "A" PROPOSAUCONTRACT REDLANDS BOWL Remove and haul away existing doors and frames on ten door openings, furnish and install into existing openings: Ten custom fit door frames • Eight custom steel doors • Five six panel steel doors (#3,4,5,7 & 8 per drawing) • Thirteen boxes of ballbearing hinges with non-removable hinges • Ten Schlage L9453 locksets • Ten thresholds • Thirteen door sweeps • Caulking Remove existing door frames with as much care as possible, minor wall patch may be needed by the City. The map on the following page shows the doors to be replaced. 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 (2C;PA0j,0j�,�� �/6�n� r�tL�ysi�.rzs, N Contractor By: Si ture of uthorized Agmj Signatory's Title Contractor's License No. a N G3 i 1 I � Of v m O 0 W�Mm vft1374 E. Ninth Street- Pomona CA 91766 " scale: 1/2" 2w."C2am-4MM ,rwoPhone: (800) 408-3667 Fax (909) 629-6296 1'