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HomeMy WebLinkAboutContracts & Agreements_250-2005_CCv0001.pdf AGREEMENT FOR CARPET INSTALLATION This agreement for the installation of carpet ("Agreement") is made and entered into this 20th day of December.. 2005, by and between the City of Redlands, a municipal corporation ("City"), and New Image Commercial Flooring ("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 carpet in Municipal Utilities Department located in Suite 15-A of the City's Civic Center located at 35 Cajon Street, Redlands, California(the "Work"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the Work 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 Work which Contractor shall perform is particularly described in Exhibit "A,*' which is attached hereto and incorporated herein by this reference. 22 Contractor shall comply with all applicable Federal, State and local 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 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 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 Contractor agrees that if it executes an agreement with a subcontractor to perform any work that Contractor shall comply with Labor Code section 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 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. DMAgreements\New Image Flooring,MUD 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 Sections 1771, 1775, 1776, 1777.5 1813 and 1815 of the Labor Code. ARTICLE 3 - PERIOD OF SERVICE 3.1 Contractor shall commence the Work upon City's delivery to Contractor of a written "Notice to Proceed," and Contractor shall complete the work in a prompt and diligent manner. ARTICLE 4 - PAYMENT AND NOTICE 4.1 City shall pay Contractor the sum of seventeen thousand two hundred nineteen dollars and thirty one cents ($17,219.31) as complete compensation for the Work Contractor performs. 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, bills and payments shall be made in writing and shall be given by personal delivery or by mail. Notices, bills and payments sent by mail shall be addressed as follows: City: Janet Miller Municipal Utilities Department City of Redlands PO Box 3005 Redlands, CA 92373 Contractor: Hernando Delgado New Image Commercial Flooring 2225 E. Cooley Drive Colton, CA 92324 When so addressed, such notices, bills and payment 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 5.1 Contractor's Insurance to be Primary. All insurance required by this Agreement shall be maintained by Contractor for the duration of the Work, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. Carpet Agfeement,djm,retaeation 5.2 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 Work pursuant to Labor Code sections 3700 and 1860, and 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 Work. 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 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, and its officers, employees and agents, in performing the Work. 5.4 Assignment. Contractor is expressly prohibited from assigning any of the Work without the express prior written consent of City. In the event of mutual 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 in this Agreement. 5.5 Comprehensive 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 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 work. DMAgreementsNew image Flooring,MUD 5.6 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 bodily injury liability and property damage liability. This coverage shall include 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 work.. 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 in-house counsel of the parties at rates prevailing in San Bernardino County, California. Z:� 6.2 All documents, records, drawings, electronic data files and data base, photographic prints and negatives, designs and specifications, cost estimates, and other Work documents developed by Contractor for the Work shall become the property of City and shall be delivered to City upon completion of the Work. 6.3 Contractor and City agree that Contractor is, for all purposes under this Agreement, an independent contractor with respect to 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 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. 6.6 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 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. Carpet Agreenrent.dim.recreation IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this agreement. CITY OF REDLANDS ATTEST. By_ yor , Jon Harrison City C erk, Lorr` oy er B ° �. "� Date - Presi nt Hernando Delgado L}AftAgreement New Image Flooring.11 UD Noa✓-3©�-OFa 03 s 55P I i NEW IMAGE COMMERCIAL FLOORING 2225 E. Cooley Drive Conon, CA 92324 Telephone (909)264-0264 Fax(909)254-0258 PROPOSAUCONTRACT ustomm DATE Name: Mu Wo ull"Oss De ftWA SAME 11110M s: 36 Cajon SW.I" : Redbnds.CA 92373 JOBB Of erma i Person Hemando Dek gad o 'Qmntky Nam Description Unit Price Amount 938.33 CARPET TILE s Labor mly S 4.99 S 4,682-27 20 CARPET TILE AM S 938.33 DEMO &IMI �. 1.50 $ 1,407.50 938.33 FURNITURE ma"and Now knar S 2.79 $ 2,617.9/ 580 PARTITIONS et S 2.99 $ 1734.20 1200 CO-BASE saw and uw $ 1.37 3 1,644. 938.33 WEEKENDS Or ow, tnalnsss haus S 2.49 $ 2,336-44 16 STAIRS Labor S 12.00 $ 192.00 64 STAIR NOSE ( WWW and kstabtlon $ 3.69 S 236.16 GROUT S REPAIRS S MISCELLANEOUS 938.33 IPREVAIUNG WAGE S 1.99 S 1,867.28_ 1 PAYMENT BOND $ 501.53 S 501.53 FURNITURE $ TOILETS S WEEKENDS S FREIGHT 5 - Sub Total S 17,219.31 Tax Total AL SELECTION arpet Tile: Supplied by Municipal Utilities Department o-Base: Burke 4"cove color: To be selected(supplied by New Image) Thank You For Using New Image For All Of Your Flooring Needs EXHIBIT "A" 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 require 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 Work under this contract. (Labor Code §1861). Date Name of Contractor §ignaiure 4A­uthrized Agent ////,/--'-—I-- Signatdry's Title Contractor's License No. -14 Date Carpet Agieernent,djui recreation