HomeMy WebLinkAboutContracts & Agreements_202-2007_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 6`" day of November, 2007, by and between the
City of Redlands, a municipal corporation ("City"), and Hinkley and Associates, Inc., a California
corporation ("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 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform building alterations to facilitate the City's One Stop
Permitting Center within the City's Municipal Utilities Department(the"Project").
1.2 Contractor and its subcontractors shall possess all appropriate State contractor's 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 diem 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 Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10 (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 If Contractor executes an agreement with a subcontractor to perform work on the Project,
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 1775 and 1813.
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2.5 Contractor and its subcontractors shall comply with the provisions of 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 Labor Code sections 1771, 1775, 1776, 1777.5 1813 and 1815.
2.8 Prior to commencing the Project, Contractor shall obtain, execute and deliver to City a Labor and
Materials Payment Bond, pursuant to Civil Code section 3247, in the form attached hereto as
Exhibit"B."
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 fully complete the Project by December 31, 2007.
ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Twenty-Eight Thousand One Hundred Thirteen Dollars
($28,113.00) as total 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 in writing and shall be given by personal delivery or by United States mail.
Notices sent by mail shall be addressed as follows:
City:
Janet Miller
Municipal Utilities Department
City of Redlands
PO Box 3005
Redlands,CA 92373
Contractor:
Jeff E. Hinkley
Hinkley and Associates, Inc.
6962 Boulder Avenue
Highland, CA 92346
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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 in the names and addresses of the person to who notices, bilis
and payments are to be given by giving notice pursuant to this section 4.3.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 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 the Project pursuant to Labor
Code sections 1860 and 3700, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. Contractor shall execute and deliver to City a
Worker's Compensation Insurance Certification in the form attached hereto as Exhibit
"C"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's obligation to indemnify, defend and hold City 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.
5.2 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, and its officers, employees and agents, in
performing the Project. This Section 5.2 shall survive any termination or expiration of this
Agreement.
5.3 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 required by
this Agreement 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.
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5.4 Comprehensive 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.
5.5 Business Auto Liability Insurance. Contractor shall secure and maintain business auto 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. Such 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 its modification or cancellation except upon thirty (30) days
prior written notice to the 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.
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 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 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.
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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 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 and verbal agreements relating to the subject matter hereof 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.
6.7 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 L
!*Harrison, Mayor City lerk
Hinkley and Associates,Inc.
By / Date
J . mkley
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EXHIBIT "A"
Perform the following scope of work in conformance with the City's Uniform Building Code:
- Demo existing wall and frame opening to provide support to loft area.
- Remove carpet and install tile to match as close to existing as possible in lobby area.
- Furnish and install window.
- Construct new wall with standard door.
- Demo existing wall and construct new walls including hallway.
- Close in space between office and stairs.
- Drywall, tape and texture to match existing.
- Thoroughly clean and remove all related debris.
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Exhibit"B"
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands, State of California (hereinafter designated as "City"), and Hinkley
and Associates,Inc.(hereinafter designated as"Principal")have entered into an agreement whereby Principal agrees to install
and complete certain designated public improvements, which by said agreement dated November 6, 2007 and identified as
Agreement for Public Improvement Project, for Building Alterations to Facilitate the One Stop Permit Center, is hereby
referred to and made a part hereof;and
WHEREAS,under the terms of said agreement, Principal is required before entering upon the performance of the work,to
furnish a good and sufficient labor and materials payment bond with the City to secure the claims to which reference is made
in Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said Principal and the undersigned as corporate surety,are held and firmly bound unto the City and
all contractors, subcontractors, laborers, materialmen, and any other persons employed in the performance of the aforesaid
agreement and referred to in the aforesaid Civil Code of the State of California in the sum of
dollars($28,113)for materials furnished or labor thereon of any kind,or for amounts due under the Unemployment Insurance
Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and
reasonable expenses and fees, including reasonable attorney's fees, incurred by the City in successfully enforcing such
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies and
corporations entitled to file claims under Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void; otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same shall in agnosia affect its obligations
on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the
agreement or to the work or to the specifications.
IN WITNESS WHEREOF,this instrument has been duly executed by the Principal and surety named,
on 12007. Bond No.
(SEAL) (SEAL)
Principal Surety
By: By:
Signature Signature
Address:
(Notarial Acknowledgments of Principal and Surety) Telephone:
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Exhibit"C"
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§186 1).
Date
Name of Contractor
By:
Signature of Authorized Agent
Signatory's Title
Contractor's License No.
Date
DfM\Agrccmeats\Iinkley Public Work Improvement Agreement g
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z �
Bond No. 12036324
Premium for contract term Premium: $600.00
and is subject to adjustment
based on final contract price Issued in six original counterparts
F-Aubit"B"
PAYMENT BOND
WHEREAS, the City Council of the City of Redlands.State of California(hereinafter designated as"City"),and Hinkley
and Associates,Inc.(hereinafter designated as"'Principal")have mtcred into an agreement whereby Principal acmes to instil
and complete certain designated public improvements,which by said agreement dated November 6,2007 and identified as
Agrm=t for Public Tmprovement Project, for Building Aitcradow to Facilitate the Ont Stop Permit Center, is hereby
referred to and made a part hereof;and
WHEREAS,undo the terms of said apvmmant,Principal is rt yuiml befure auk iug upuu tic pctfuuuautc :Pf the work to
furnish a good and sufficient labor and materials payment bond with the City to seance the 91*11" to which reference is made
In Title 15(commencing with Section 3082)of Part 4 of Division 3 of the Civil Code of the State of California.
NOW,THEREFORE, said Prfiwipal and the undersigns d as corporate surety.are held and firmly bound unto the City and
all eontmetm,sttbeentractara, laborers►matcrialmen,and 4"other persona ettgrloyed in the performance of the aforesaid
agreement and refaced to in dw aforesaid Civil Code of the State of California in the sum of
dollars($28,113)for materials furnished or labor thereon of any land,or for amounts due under the Unemployment Insurance
Act with respect to such work or labor,that said surety will pay the same in sn amount not exceeding the amount herein
above w fot'tll,and also in case snit is brought upon this bond,will pay,in addition to the face amount thereot,costs and
rmmnoble expenses and fess, including reaonable attorney's fes, incurred by the City in successfully enforcing such
obligation,to be awarded and fixed by the court,and to be taxed as costs and to be Included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall marc to the benefit of any and all persons, companies and
corporatioms entitled to file claims undcr Tide 15(constnencing with Section 3082)of Part 4 of Division 3 of the Civil Code,
so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed,than this obiigadon shall become null and void;otherwise it shall be
and remain in full force and effect.
The surety hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the agreement
or to the work to be performed thereunder or the specifications accompanying the same sball in agnosia affect its obligations
on this bond,and it does hereby waive notice of any such change,extension of time,ahcratioa or addition to the terms of the
agreement or to the work or to die specifications.
IN WITNESS WHEREOF,this instrument has bo®drily executed by the Principal and sam-ty named.
on November 8th 2007, grand No.
The Guarantee Company of North America USA Doing
Hinkley and A5soctates,Inc. (SFAL) Business in California as Mid-State Surety Corporation(SEAL)
principal
By: BY A..�r(t5�>:LC �� A
Signatures Shaunna Burchfiel,Attorney in Fact
Addre=1800 Sutter St., Suite 735,Concord,CA 94520
(Neist Admawk4p,a,>:of Pr;rwiPM 8M SMUp) Telephone: 9( 25 1 566-6040
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
ss.
County of Los Angeles
On November 8th,2007 before me, Traci Larson,Notary Public
Date Name and Title of officer(e.g.,".lane Doe,Notary Public')
personally appeared Shaunna Burchfiel,Attorney in Fact
Names)of Signer(s)
® personally known to me
proved to me on the basis of satisfactory
evidence
444440Q4 04444f�s464��4As4446AAf4444044004
TRACT CARSON = to be the person(s) whose name(s) is/are
COMM# 1642285 m subscribed to the within instrument and r NOTARY PUBLIC-CALiK)RN(A
QLos ANGELES cotuNrr � acknowledged to me that he/she/they executed
�til• MY Ccfnmission Expires Jan.31,2010 a the same in his/her/their authorized
�a4 a44aaov->oa >+ e4sa4o4:•m rsoo44o�4o4aa4
capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s)
acted, executed the instrument.
WIT�S my hand and official seal.
Voc,
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s)Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
D Individual Top of thumb here
❑ Corporate Officer—Tale(s):
❑ Partner--O Limited ❑ General
® Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
0 Other:
Signer Is Representing:
O 1999 Nation Notary Assmation•4350 De Solo Ave.,P.O.Box 2402•Chatsworth,CA 91313.2402•�.natwnap»kxy.org Prod.No,5907 Reorder:Call Toll-Free 1-800-076-W7
1-01
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THE GUARANTEE COMPANY OF NORTH AMERICA USA
Doing business in California as Mid-State Surety Corporation
SOUTHFIELD, MICHIGAN 48o75
POWER OF ATTORNEY
Know All Men By These Presents:
"'That The Guarantee Company of North America USA,a corporation of the State of Michigan,having its principal office in the City of
Southfield,Michigan(doing business in California as Mid-State Surety Corporation)pursuant to authority granted by a resolution of its
Board of Directors,which read as follows:
The President,the Vice President,or the Treasurer of this Corporation shall have authority to appoint in writing such attorneys-in-fact,as
the business of the Corporation may require,and to authorize such attorneys-in-fact,and each of them to execute on behalf of the
Corporation,any bonds,recognizance's,stipulations,contracts of indemnity and other undertakings of like character,or to exercise any
lesser number of said powers as hereinbefore set forth.
"Said appointments shall be attested by the Secretary or a Vice President of this Corporation under its seal. The signature of the Secretary
or any Vice president to certified copies of such powers of attorney may be original or facsimile,and when the corporate seal is affixed
thereto,any third party may rely on said certified copies of powers of attorney as the act and deed of this Corporation. The President,the
Vice President,or Treasurer may revoke any appointment made pursuant hereto,and revoke any and all authority conferred by any such
appointment."
Does hereby nominate,constitute and appoint
George Burefiel, Shaunna.Bure4ftel
Risk Transfer Associates Insurance Agency, Inc.
Its true and lawful Attorney-in-Fact,to make,execute,seal and deliver for and on its behalf,as surety,and its act an deed.
Any and all bonds,for or on behalf of this Company in its business and in accordance with its charter,and to bind The Guarantee Company
of North America USA,thereby,and all of the acts of said Attorney-in-Fact,pursuant to these presents,are hereby ratified and confirmed.
IN WITNESS WHEREOF,The Guarantee Company of North America USA,Southfield,Michigan,has caused these presents to be signed by
its proper officer.
And its corporate seal to be hereunto affixed this 7th day of August,20o6.
C] TEE The Guarantee Company of North America USA
Doing business in California as Mid-State Surety Corporation
nt Al
UU
Jules Quenneville,President
STATE OF MICHIGAN,COUNTY OF WAYNE
On this 7th day of August,2oo6,personally came before me Jules Quenneville,to me known to be the individual and officer of The
Guarantee Company of North America USA of Southfield,Michigan,who executed the above instrument,and acknowledged the execution
of the same,and being by me duly sworn,did severally depose and say:that he is the said officer of the Corporation aforesaid and the seal
affixed to the above instrument is the seal of the corporation,and that said corporate seal and their signatures as such officers were duly
affixed and subscribed to the said instrument by the authority of the Board of Directors of said Corporation.
Cynthia A. Takai IN WITNESS WHEREOF,I have hereunto set my hand at The Guarantee
Notary Public,State of Michigan Company of North America USA offices the day and year above written.
County of Oakland
My Commission Expires February 27, 2012
Acting in Oakland County
1,the undersigned,Vice President of The Guarantee Company of North America USA of Southfield,Michigan,a Michigan corporation,do
HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked,and furthermore that the
provisions of the By-Laws of the company and the Resolutions of the Board of Directors set forth in the Power of Attorney,are still in force.
Signed and sealed at the City of Southfield,this8th day ofNovembemo07
` a Stephen Dullard,Vice President
\k�hAUSE RV/
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f n r
Exhibit"C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No. ?Mair%
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).
12.
Date ,t
t� WGAG''4111.♦S� A4"CX %AKIS. AV—
Name of Contractor
By:-
SiVWof Author Agent
or _
Signatory's Title
—V0 0.1"
Contractor's License No.
iZ tao� �oo"t
Date
DJM\AgreementsuHinkley Public Work Improvement Agreement 8
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a.