HomeMy WebLinkAboutContracts & Agreements_238-2003_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 office area of the Joslyn Senior
Center, 21 Grant Street, 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 performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws commencing at California Labor Code
section 1770 et. sem- 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. 3005 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.
2.4 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
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that the statutory provisions for penalties for failure to comply with state wage and hour
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
41 For the performance of the Services, City will pay Contractor the sum of $1,455.72.
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: Joslyn Senior Center
c/o Marie Murphy
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
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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.
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
claims, losses or liability, Including attorney's fees, arising from injury or death to
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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.
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. I.minnnUm 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.
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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
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
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:
By
+ayor Cit Clerk
Date December 16, 2003
Date- Z2
ernando Del 0
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Doc-03-03 05: 15P
EXHIBIT "A"
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PROPOSAUCONTRACT
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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 I Director
of Industrial Relations of ability to self-insure and to pay any compensation that
may become due to his or her employees.
I arn 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 nthe performance of the work of this contract. (Labor Code §1861).
NEW IMAGE COMMERCIAL FLOORING
4emando Delgado
Signatory's/T Itle
Contractor's License No.
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Date
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