HomeMy WebLinkAboutContracts & Agreements_43_2005_CCv0001.pdf AGREEMENT FOR CARPET INSTALLATION
This agreement for the installation of carpet ("Agreement") is made and entered into this 15th
day of March, 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 City's Community Senior Center located at 1.1. 1.
W. Lugoma Avenue, Redlands, California (the "Work").
I.? 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.
2,2 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 Administrative Services Department, located at the
Civic Center, 35 Cajon Street. Suite 10 (P.O. Box. 3005 mailing), Redlands, California 92373.
23 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.
2A 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, 1.813 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
Carpet Agreement djin,retircaficyn
26 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 1.815 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 One Thousand Three Hundred Fifty-Three Dollars and
Thirty Nine Cents ($1,353.39) as complete compensation for the Work Contractor performs.
4.2 Payments by City to Contractor shall be made within thirty 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:
Denny Sattler
Police Department, Recreation Bureau
City of Redlands
PO Box 3005
Redlands, CA 92373
Contractor:
Hernando Delgado
New Image Commercial Flooring
323 W. Valley Blvd., Suite C
Rialto, CA 92376
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 Primarv, 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 Agreement dim—'eaeation
5 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,
1 1
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 the Work.
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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 liabilitv. 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 the 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.
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
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California,
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS ATTEST:
By
ayor Ci Clerk
t
Date
President
Carper Aac--ment-dim_tecreation
Feb-02-05 04: 38P P,O2
EXHIBIT "A"
NEW IMAGE COMMERCIAL FLOORING
2225 E. Cooky Drive
Colton,CA 92324
Telephone(909)264-0264 Fax(909)254-0256
PROPOSAUCONTRACT
LCustomer Job Site ES r WATE DATE
ManN: ftdbmo COMMM!)t Coaaabr Fadkeds Communigr Center 2M
drsas: PAox.B3006 111 W.WWI*Ave.
RedW$ft,CA W373 Regwft.Cal 92373 Fw
3ame
crams Type of
Person Hernando O o p ent
Quanft Item Dpc Unit Prke Amount
54.8 CARPET Mok"iM at,ow"Netim $ 22.39 i 1,222.49
54.6 DEMO Raawnore 6 t 1.50 i 81.90
70 CO-BASE M Me6e1id&inds"ohm i -
FURNITURE )Mae d Mplew by Common Cerner i
PARTITION i
6 TRANSITIONS pry vct to cot i _
STRINGERS i
STAIR NOISING i _
CARPET43ME $ _
STAIRS 5 _
SPECIAL LABOR = _
DEMO
FLOOR PREP _
TRIP CHARGE i -
FURNITURE
TOILETS i _
WEEKENDS i
1 IFREIGHT = 49.00 i 49.W
Sub Tow $ 1,353.39
Tax
Total IS 1,353,39-1
Carpet, ShawTek style: Expert wlUltra3 MP Bark color: 935405 Papa Joe Blue
Rubber Base:4in. Cove color:0875 Navy
Thank You For Using New Image For All Of Your Flooring Needs
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
/A /I
Name of Contractor
By:
Signature of Authorized-A/gent
Signatory's Title
Contractor's License No.
-0S
Date
Carpet Agreement,dim R-creafion