Loading...
HomeMy WebLinkAboutContracts & Agreements_237-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT This Agreement is made and entered into this 16th day of December 2003, by and between the City of Redlands, a municipal corporation ("City") and New Image Commercial Flooring ("Contractor"). 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 the Emergency Operations Center ("EOC") located at 1270 W. Park Avenue, Building"C," Redlands, CA (the "Services"). 1.2 Contractor and its subcontractors shall possess the appropriate State Contractors License required for the work to be performed as set forth in this Agreement and shall not be debarred pursuant to California 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. 2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and regulations in the perfon-nance of this Agreement including but not limited to all applicable Labor Code and prevailing wage laws commencing at California Labor Code section 1770 et. seq. and non-discrimination laws including the American's with Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office of the Public Works Department, Civic Center, 35 Cajon Street, Suite 222 (P.O. Box. 31005 mailing), Redlands California 92373. 2.3 Contractor further understands that if it violates the California Labor Code as it relates to prevailing wage, that City shall enforce the California Labor Code by Notice of the withholding of contract payments to the Contractor or Subcontractor pursuant to Labor Code section 1771.6. 2A Contractor agrees that if it executes an agreement with a subcontractor to work on this Project, that the Contractor shall comply with California 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 for penalties for failure to comply with state wage and hour leis carpet EOC laws and to pay prevailing wages will be enforced by the City pursuant to labor Code sections 1775 and 1813. 2.5 Contractor and any of its Subcontractors shall comply with the provisions of California 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 Section 1771, 1775, 1776, 1777.5 1813 and 1815 of the California 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 $3,112.14. 4.2 Payments by City to Contractor shall be made within 30 days after receipt and approval of Contractor's hereinabove 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: City of Redlands Mel 'Enslow, Fire Chic.r 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 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. iemcarpet EOC 2 ARTICLE 5 - INSURANCE AND INDEMNIFICATION 5.1 Contractor's Insurance to be Primary All insurance required by this Agreement is to be maintained by Contractor for the duration of this Project 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 work. 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 this Agreement pursuant to California Labor Code sections 3700 and 1860 and in an amount which meets the statutory requirement with an insurance carrier acceptable to City as signed in attached Exhibit "B." 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 work. 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. This 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, agents and employees. 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 clairns, losses or liability, includinc, 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. lei I v car'net EOC 5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of the Services described in this Agreement without the express written consent of City. In the event of mutual agreement between parties to sublet a portion of the Services, Contractor shall add the subcontractor as an additional insured and provide City with the insurance endorsements prior to any work being performed by the subcontractor. 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 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 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. 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. 6.2 Contractor shall not sublet or 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 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 pursuant to this Agreement and any copyright interest in above described documents shall become the property of City and shall be delivered to City upon completion of Services. 6.4 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 Jen),carpet EOC 4 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 4n this Agreement shall be considered to create the relationship of employer and employee between the parties. 6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon completion and acceptance by City of the Services. 6.6 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. 6.7 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 City and signed by City and Contractor. 6.8 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: B ayCity/Clerk Y4 or I ayor Date December 16 , 2003 --f/ By&q/w,4 c ac 6 Date Hernando Delgado 5 EXHIBIT A NEW IMAGE COMMERCIAL FLOORING 323 W.VAUZY BLVD.SUfTE.0 RIALTO,CA.92376 419*-Tilepboae(909)8744782 Fant(909)874-7006 PROPOSAUCONTRACT CUSW"r LbSke ESTIMATE DATE Harr= CW Of FbAvift C.tom: PO.Sm=S W.Pack Are S1W G fir,T� Ramona:.CA 9z , .CA C04 dare) ljoex piki— Terms Type of Person Hyo Dern Unit Pdm Amount 154 CARPET a Jt3cRaeoe $ 11.99 $ 1.846.46 154 DEMO ( ftmore&Had away(CPO 5 1.50 $ 231.08 302 CC4 SE tin&q*t*fW b ltUW1O6on S 1.34 S 404.68 3 IFURWrURE (heti)Mfto 3 Repaae by Now kwage S 49.00 S 245.00 154 JPREVAIUNG WAGE $ 2.50 S 385-00 FLOOR PREP. Pea $ STRINGERS $ STAIR NOISING S CARPET-BASE $ - STAIRS $ SPECIAL LABOR $ - DEMO x - FLOOR PREP. $ • TPJP CHARGE S - FURNITURE s TOILETS S - WEEKENDS $ - REPAIRS S stab Tow $ 3.112.14 Tax TOW 3.112-14 NOTES: MATERIAL 3ELECTION CaMer Mohawk Stye Cak9ate 26oz Unitary bade Color:5509 Curtis Co.gme:johrmnite 4 inch=-e Color:Ink 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 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). NEW IMAGE COMMERCIAL FLOORING Hernando Delgado vre leee Signatory's Title Contractor's License No. Date icmcarpct EOC