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HomeMy WebLinkAboutContracts & Agreements_181-2011_CCv0001.pdf AGREEMENT FOR CONSTRUCTION OF OFFICE PARTITIONS This agreement for the construction of office partitions at 35 Cajon Street Suite 15A, Redlands CA 92373 ("Agreement") is made and entered into this day of December, 2011 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City"), and Regency-Pacific Development 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 I -ENGAGEMENT OF CONTRACTOR 1.1 City hereby retains Contractor to construct office partitions (the "Services") at 35 Cajon Street Suite 15A(the"Project Site"). 1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses required for the work to be performed in connection with the performance of the construction of office partitions,and shall not be debarred pursuant to 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," 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 Services including, but not limited, to all applicable Labor Code and prevailing wage laws 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 Services are on file at City's Municipal Utilities and Engineering Department, located at the Civic Center, 35 Cajon Street, Suite 15A (Mailing: P.O. Box 3005), Redlands, California 92373. 2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing wages that City may enforce such provisions by withholding 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 any portion of the Services, 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. ). 2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776 1 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. ARTICLE 3 -PERIOD OF SERVICE 3.1 Contractor shall commence the Services upon City's delivery to Contractor of a written "Notice to Proceed." 3.2 Contractor shall complete the Services within ten (10) calendar days from and after the date of the City's issuance to Contractor of the Notice to Proceed. ARTICLE 4 -PAYMENT AND NOTICE 4.1 City shall pay Contractor for the performance of the Services on a time and materials basis in accordance with the rates set forth in Exhibit "A," and up to and including an amount not to exceed Forty Seven Hundred Dollars ($4,700.00). 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 made in writing and shall be given by personal delivery or by mail. Notices sent by mail shall be addressed as follows: City: Contractor: Greg Brooks Leo Kramer Municipal Utilities and Engineering Department Regency-Pacific Development Corporation City of Redlands 1440 Beaumont Avenue Suite A2-300 P.O. Box 3005 Beaumont, CA 92223 Redlands, CA 92373 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 are to be given by giving notice pursuant to this section 4.3. ARTICLE 5 - INSURANCE AND INDEMNIFICATION 2 5.1 Contractor's Insurance to be Primarv. All insurance required by this Agreement shall be maintained by Contractor throughout Contractor's performance of the Services, and shall be primary with respect to City and non-contributing to any insurance or self-insurance maintained by City. 5.2 Workers' Compensation and Employer's Liability. Contractor shall secure and maintain Workers' Compensation and Employer's Liability insurance for its employees throughout the performance of the Services pursuant to Labor Code sections 3700 and 1860, 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 of coverage limits 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 Services. 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 negligent or intentionally wrongful act or omission of Contractor, and its officers, employees and agents, in performing the Services. 5.4 Assignment. Contractor is expressly prohibited from assigning any of the work associated with the Services without the prior written consent of City. In the event of agreement by the Parties to assign a portion of the Services, 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 for in this Agreement. 5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in force throughout its performance of the Services 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 modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 5.6 Business Auto Liability Insurance. Contractor shall secure and maintain in force throughout its performance of the Services business automobile 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. This coverage shall include all Contractor owned vehicles used for the Services, 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 modification of coverage limits or cancellation of the policy except upon thirty (30) days prior written notice to City. A certificate of insurance and endorsements shall be delivered to City prior to commencement of the Services. 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 Contractor is, for all purposes under this Agreement, an independent contractor with respect to the performance of the Services and not an employee of City. All personnel employed by Contractor to perform the Services 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. 6.3 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion and acceptance of the Project by City. 6.4 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5) calendar day's prior written notice to Contractor. 6.5 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all work associated with the 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. 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 by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein and any prior negotiations, proposals and agreements relating to the subject matter hereof are superseded by this Agreement. Any amendment to this Agreement shall be in writing and approved by City and Contractor. 6.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California. 4 IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of this Agreement. CITY OF REDLANDS ATTEST: By i Tina Kundig Sam Irwin, City Clerk Finance Director/Treasurer REGENCY-PACIFIC DEVELOPMENT CORP. BY , . L&'o ramer President 5 --------—------ _�-_- CONSTRUCTION NOTES I COUNCIL r —-"f (- 7O CUT EXISTING CARPET i0 RECENE WALL. INSTALL W000 STUD WALL 1I.��m._____ CITY G/Tr7��YlT• W/R 11, 5 S'TWE-•DRYWALL, BASE, CAULK,3/1•ALUM ANGLE I LS )t Cx�nr�a wux f I / PETE AGUILAR,MAY( 2 INSTALL 5020 ALUM SLDG DUAL PANE WINDOWS 2 EA rarC; �CXl9rlJ 5GTr3 0 ;i PHASE Iii V, ij PAUL FOSTER �n G INSTALL sow s oREFRo ALUM FIXED DUAL PkNE*N00W 1 EA MAYOR PRO TE I CourKitG roR�rtt[L 1� HARRISONMUCX/STpdSWit(_/_, 1 ( I INSTALL DOOR, FRAME, HINGE/LOCKS TO MATCH EXIST'c 1 EA JON HAR (5 INSTALL NEW CUTS DCPhP1"liCNi11.1(M' I INSTALL NEW �ETwoRKELECTRICAL ccessA�Paorl HOLNASRrMi PANrLFOR3cATs ._ .._ ... �---�,1 -•••--I'. --tlj JERRY BEAN C,IX7RDW'4rC worn Cory lr. 1 NETWORK ACCESS FROM EXIST'G TO NEW NETWORK OUTLETS-2 LOCATIONS E ROBERT G/'V TUNER RCLOG/VR�NOrCX15rq+,C� _ 1 I �lt1iG�.n1LYlI ?o.t!isrBLLo4ILEL�A�K ANQG9BLC5`PARATfUY F-A .--- f / NCW CN, rt j ^o✓rcrr9 j / _ _ II CITY MANAGER A , NETWORK OUrLrrS� A liI I W*2t5PhQrOFrl>l� U I i I rrrGS�ncC - ` HAS ER I. N.ENWOUE MARTINE I I CONTRitGr - 1 1 I i _-- _ CITY CLERK -L �_��_� _- - I SAM IRMN i I 1 I 9'-9" 4it '-�" 6'-7" I-- I - �. --- LOBBY �� I q. I OFFICE MODIFICATION E y w if I �narorx'l9Wcw n > I PHASING PLAN �u.r,nrr.,a NCW P'rlrx 5 t -— I GENERAL, NOTES 41"L-Orrlff �x,4rry tr�GY TT, j( ALL WORK SHALL CONFORM TO THE YTANORO SPECWICATIONS FOR RUBUC WORKS CONSTRUCTION F/WjffA X L— ——— I I 1 SST N BARDD Furs TFOR PRODUD WORKS CONUDING siaUcrlTON?.SUPPLEMENTAL AMENDMENTS Ano"THHESNET CITY"EOF�RRE'DLAANEDS I_ ———_ 1 __ STANDARD SPECtr1CATIONS. ALL WORK SHA.L RE COMPLETED TO THE SATISFACTION OF THE MUNICIPAL UTILITIES k ENGINEERING DIRECTOR 04 APPOINTED REPRESENTATIVE, A�♦M I1„`v 7'3 T A N � ,,, Nn'✓Zx'��T✓�WItI-L W�r�l�2"�RIw/1/.1_C/I� USE BEST MANAGEMENT PRACTICES(9MP) TO PREVENT AND CON-NN ANY ILLEGAL DISCHARCES IN /'�M-J-Y/'/'/ PLAN ACCORDANCE WITH CHAPTER 13.51 OF THE MUWClPAL CODE ARD THE TERMS OF NATIONAL POLLUTANT y�.�M./ DISCHARGE ELMNATUN SYSTEM(NPOES)PROGRAM. THIS IS TO REMAIN IN DEFECT FOR THE ENTIRE I'7 N�n DURATIO N OF PRQIECT CONSTRUCTION TO TTS COMPLETTON AND ACCEPTANCE BY THE CRY, THE CONTRACTOR SHALL MANE HIS OWN DETERMINATION OF OUANnIIES BEFORE SUBMITTING HIS 910. ——————— -'-� `——— i - ANY REM OR WORK REQUIRED BY THESE PLANS WHICH IS NOT SPECIFICALLY USTED N THE ESTIMATE C 1 r OUANTITIES SHALLSE CONSIDERED AS INCLUDED IN THE ITEMS OF WORK. THE CONTRACTOR SHAT POSSESS A STATE OF CALIFORNIA CLASS 'A'OR 'S'LICENSE IN GOOD STANDING,IT SHAT RE THE CONTRACTORS RESPONSIRLRY TO PROVIDE ACCURATE'RECORD"DRAWINGS ——— OPEN i t!r `�' OPEN i; Ai7r-5P?CC I I TO THE CITY CITY OF REDLANDS SLD ARC Municipal Utilities and Engineering Deportment 6ki'C7/4"&utimetz-,mArulCX/57 6 I F -j R ti7T I C,+--,OfOFNEWW&L,CAucx 1 W Tor orN o "'Lt ' rRcre o EXHIBIT "A" a 1 11 NO. C11729 7-'A mgnv-L>,/tsCron,+rcnCXrsn 11 THE CITY OF REDLANDS E/W--vororWWWAUMfla ONE STOP MODIFICATION PLAN N�^�N AT 35 CAJON ST SUITE 15A SEftION A—A II rR --- b e— Hy NCW 2X4 STUD WALL Wtrlil/2"Pr7W^LL Cr1Cl19lDC Designed by /2 - 11 WeSrEPc VA7-10N --- -- - --- Dat / / M 4 - Ir _h0el Pool, Fn in eerin Ma MU�f H_C..E 49085 Checked by MP _9_ _-9 -._ _.T.-- ELEVATION — -- / / Ap�ra�eh dY �j �j MODIFICATION �j (� /� Dote: U9 27 T1 011 I E lYl011 i l�L'yTI0 T- Drawn by. TRW Fred Mousavip OUT, Interim Director MUED RC.E 47541 PHASE I D 4 lv Dater 9/27/77 ,1, Sheet 1 of 1 Sheets 77 Letter Description Date lnitiol Initial Checked by _ Scale: Horiz_ AS Revisions Data: Vert. NOTED � EXHIBIT "B" WORKERS' COMPENSATION INSURANCE CERTIFICATION Project: Construct office partitions at 3)5 Cajon Street Suite I 5A,Redlands, CA 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 Agreement. (Labor Code §1861). REGENCY-PACIFIC DEVELOPMENT CORP. Date: 1-2 ZIYZI By: 655 eucl Leo kr4mer Contractor's License No. President ® DATE(MMtDDNYYY) '` CC)R©' CERTIFICATE OF LIABILITY INSURANCE 12/1412011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME; Delia Kinke Little&Son's Insurance Services Inc. PHONENo, 951-849-6738 arc No:951-849-9331 INC.1025 W. Ramsey E-MAIL Banning,Ca 92220 ADDRESS: d.kinkey@littleinsurancegroup.com License#' OD99201 INSURERS AFFORDING COVERAGE NAIC# _ INSURER A: Mer cu Casualt C m an INSURED INSURER B Regency Pacific Developement Inc INSURER C: 1440 Beaumont Ave Ste A2-300 INSURER D: Beaumont,CA 92223 INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 00005393.48355 REVISION NUMBER: 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TN—SRTYPE OF INSURANCE :RODE SUER POLICY NUMBER MMfDD/YYYY MMIDDNYYY LIMITS LTR GENERAL LIABILITY EACH OCCURRENCE $ —' DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE OCCUR MED EXP(Any one Person) $ PERSONAL&ADV INJURY !$ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER { PRODUCTS-COMP/OP AGG $ POLICY T PRO- I L� $ -- A AUTOMOBILE LIABILITY i Y y ,CCA0005713 01/11/2011 01/11/2012 EOMBBIINEDSINGLE LIMIT I$ 1,000,000 ANY AUTO BODILY INJURY(Per person) I$ ALLOWNED SCHEDULED '... BODILY INJURY(Per accident) $ AUTOS X AUTOS9 —.— NON-OWNED PROPPEERT DAMAGE $ X-HIRED AUTOS I X AUTOS X Liabiity $ UMBRELLA LIAR' OCCUR EACH OCCURRENCE '$ EXCESS LIAB G I CLAIMS-MADE AGGREGATE ':$ DED1 1 RETENTION$ _....... - $ .._. .WORKERS COMPENSATION I WC STATU- 1 1 OTH- AND EMPLOYERS`LIABILITY Y/Ii TORY I Tq ANY PROPRIETORIPARTNERIEXECUTIVE I t E.L.EACH ACCIDENT _ s OFFICERIMEMBER EXCLUDED? N.I A 1 --- (Mandatory in NH) I E.L.DISEASE-EA EMPLOYEE)$ If yes,dascnbe under - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT;$ 4 i i DESCRIPTION OF OPERATIONS t LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) It is agreed and understood that the following are listed as additional insureds as covered by this policy: City of Redlands,its directors,officials,officers employees,agents and volunteers 35 Cajon Street,Suite 15A Redlands,Ca 92373 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Redlands ACCORDANCE WITH THE POLICY PROVISIONS. 35 Cajon Street,Suite 15A Redlands,CA 92373 AUTHOR DREPRESENTATIVE (DMK O 1 988-210 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD Printed by DMK On December 14,2011 at 12:43PM