HomeMy WebLinkAboutContracts & Agreements_51-2007_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 20th day of March, 2007 by and between the City
of Redlands, a municipal corporation ("City"), and E.J. Skidmore Services ("Contractor"). City and
Contractor are individually sometimes 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 install two laboratory fume hoods at the City's wastewater
treatment facility located at 1950 Nevada Street, Redlands, California(the "Project").
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perform is more particularly described in Exhibit "A," which
is attached hereto and incorporated herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local laws and regulations in the
performance of the Project 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 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 Project are on file at City's Municipal Utilities Department, located at the Civic
Center, 35 Cajon Street, Suite 15A (P.O. Box. 3005 mailing), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to perform work on the
Project that Contractor shall comply with Labor Code sections 1.775 and 1777.7, and shall
provide the subcontractor with copies of the provisions of Labor Code sections 1771, 1775,
1776, 1777.5, 1813 and 1815. Contractor acknowledges that the statutory provisions
establishing penalties for failure to comply with state wage and hour laws and to pay prevailing
wages may be enforced by City pursuant to Labor Code sections 1775 and 1813.
2.5 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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2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to apprenticeships,
and Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Contractor shall commence the Project upon City's delivery to Contractor of a written"Notice to
Proceed," and Contractor shall complete the Project in a prompt and diligent manner.
ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Seventeen Thousand One Hundred Sixteen and 501100
Dollars ($17,116.50) as complete compensation for the work Contractor performs on the Project.
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:
Gary Phelps
Municipal Utilities Department
City of Redlands
PO Box 3005
Redlands, CA 921373
Contractor:
E.J. Skidmore
E. J. Skidmore Services
409 Elizabeth Way
Fullerton, CA 92833
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 who notices, bills
and payments are to be given by giving notice pursuant to this section 4.3.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
S.I Contractor's Insurance to be Primary. All insurance required by this Agreement shall be
maintained by Contractor for the duration of the Project, and shall be primary with respect to
City and non-contributing to any insurance or self-insurance maintained by City.
5.2) Workers' Co ppensation and Eipplover'sLLiabilitv
A. Contractor shall secure and maintain Workers' Compensation and Employer's Liability
insurance for its employees throughout the duration of the Project 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 modification or 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 the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees, for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor 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
subsection 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, employees and
agents.
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 act or omission of Contractor, or its officers, employees and agents, in
performing the Project.
5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project, 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 in this Agreement.
5.5 Conrehensive General Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Project 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 its modification or cancellation 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 the Project.
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5.6 Business Auto Liability Insurance. Contractor shall have business auto liability coverage, with
minimum limits of One Million Dollars ($1,000,000) per occurrence, combiftd single limit for
bodily injury liability and property damage liability. This coverage shal#M&de 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 the Project.
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 of a Party.
6.2 All documents, records, drawings, electronic data files and data bases, photographic prints and
negatives, designs and specifications, cost estimates and other Project documents developed by
Contractor for the Project shall become the property of City and shall be delivered to City upon
completion of the Project.
6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an
independent contractor with respect to the Project and not an employee of City. All personnel
employed by Contractor to perform the Project are for its account only, and in no event shall
Contractor or any personnel retained by it be deemed to have been employed by City or engaged
by City for the account of, or on behalf of City. Nothing in this Agreement shall be considered
to create the relationship of employer and employee between the Parties.
6.4 Unless earlier terminated as provided for below. this Agreement shall terminate upon completion
and acceptance of the Project by City.
6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work
associated with the Project 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
Project. 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 understandirif between the parties as to the matters contained herein and.
any prior negotiations, , Is AW verbal agreements relating to the subject matter hereof are
superseded by this Agmrnent. Any amendment to this Agreement shall be in writing and
approved by the City Council of City and signed by City and Contractor.
6.7 This Agreement shall be governed by and construed mi accordance with the laws of the State of
California.
IN WITNESS WHEREOF. duly authorized representatives of the Parties have signed in conf"irmatiott bf
this Agreement.
CITY OF REDLANDS ATTEST:
By '
J Harrison, Mayor City,, erk
E.J. SKIDMORE SERV CES
By Date m..E. J. idmore, Owner
t7 M API—cements F/J Skidmore
EXHIBIT "A"
I Remove damaged 6-foot hood, work surface, ducting, and blower. Install Customer
supplied hood, work surface, and blower. We will provide PVC ducting from hood to
blower, and zero pressure stack. Recommend Customer purchase proper acid resistant
blower. All old chemically damaged debris will go to Customer supplied bin.
Labor and Material: Seven thousand seven hundred seventy one dollars and twenty five
cents. ($7,771.25)
Electrical: One thousand four hundred eighty two dollars and no cents. ($1,482.00)
Disconnect and re-run
2. Provide and install Stainless Steel hood, in line blower and ducting to TOC.
Labor and Material: Five thousand four hundred eighty one dollars and twenty five cents.
($5,481.25)
Electrical - new run: Two thousand twenty two dollars and no cents. ($2,022)
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. certificate of consent to self-insure, either as an
(b) By securing from the Director of Industrial Relations, a
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
Name of Contractor
By:
Signatur Authori d Agent
Signatory's Title
Contractor's License No.
Date
lllr4�or e., -iv
WNW Apneements FJ Skidmore
MUNICIPAL UTILITIES DEPARTMENT
MEMORANDUM
TO: Tina T. Kundig,Finance Director
FROM: Gary G. Phelps,Municipal Utilities Department Director
DATE: October 11,2006
REQUEST.FOR SOLE SOURCE PURCHASE FOR FUME HOOD
REPLACEMENT/REPAIR
The City of Redlands Municipal Utilities Department was authorized by the City Council to
replace a 20 year old acid fume hood for the City of Redlands Joint Utilities Laboratory. The
existing fume hood has four blowers located on the roof that exhaust the fiunes for the Lab
Hoods and Canopy hoods were installed improperly. These are too close to the elbow,thereby
causing turbulence and poor flow of air. The hoods exhaust horizontally instead of vertically and
there are no existing exhaust stacks. This causes fiunes to be picked up by the AC units(which
were all replaced with brawl new units this year)and spread thru the Lab building. The ducting
is rapidly deteriorating due to this poor installation. The blowers are powder coated steel and
should have been Fiberglass due the corrosive chemicals being used in the lab. E.J. Skidmore
has been servicing fume hoods based on OSHA Safety Standards for years in environmental labs.
In addition, Mr. Skidmore has also complied with additional liability insurance as required for
working in the premises. The Department believes that it is more cost effective to sole source
this purchase and defrays the normal bidding process. We request processing of the submitted
purchase requisition for E.J. Skidmore Services for the costs of this purchase.
xc: Dave N. Commons,Water Operations Manager
Becky Schwartz,Laboratory Manager
DNC:dc
Attachments
March 2, 2007
City of Redlands
35 Cajon St., Ste. 15A
Redlands, CA 92373
Attn: Rebecca Schwartz, Lab Manager-Revision
Subject: Lab Work
E. J. Skidmore Services is pleased to submit the following bids for the above referenced
project.
1. Remove damaged 6 foot hood, work surface, ducting, and blower. Install Customer
supplied hood, work surface, and blower. We will provide PVC ducting from hood to
blower, and zero pressure stack. Recommend Customer purchase proper acid resistant
blower. All old chemically damaged debris will go to Customer supplied bin.
Labor and Material: Seven thousand seven hundred ninety one and twenty five cents.
{$7,771.25}
Electrical: One thousand four hundred eight two dollars and no cents. ($1,482.00)
Disconnect and re-run
2. Provide and install Stainless Steel hood, in line blower and ducting to TOC.
Labor and Material: Five thousand eight hundred forty one dollars and twenty five cents.
($5,841.25)
Electrical—new nun: Two thousand twenty two dollars and no cents. ($2,022.00)
Total Bid Price: $17,116.50
Thanking you in advance for your consideration.
Respectfully submitted,
E. J. Skidmore
Owner/installer
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