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HomeMy WebLinkAboutContracts & Agreements_207-2021AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES FOR IMPROVEMENT TO PUBLIC BUILDINGS AND GROUNDS This agreement for the installation of a Cummins generator and related electrical equipment and components at the city of Redlands' Corporate Yard ("Agreement") is made and entered in this 2nd day of November, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and On Power Industries, LLC, a California limited liability company ("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. 11 ARTICLE 1 — ENGAGEMENT OF CONTRACTOR City hereby engages Contractor to perform to install a Cummins generator and related electrical components services at City's Corporate Yard (the "Services") The specific Services that Contractor shall perform are more particularly described in Exhibit "A," titled "Scope of Services," which is attached hereto and incorporated herein by reference. 1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services. ARTICLE 2 — RESPONSIBILITIES OF CONTRACTOR 2.1 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 diem 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 0 Box 3005), Redlands, California 92373 2.2 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 2.3 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 4 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1 L:\ca\djm\Agreements\On Power Industries Agreement.NPS-2.2.FY21-0041.doe.jn 1776 regarding payroll records maintenance, certifications, retention and inspection. 2.5 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor Code section 1810 2 6 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 2 7 Pursuant to Public Contract Code section 7103.5(b), Contractor offers and agrees to assign to City all rights, title and interest in and to all causes of action it may have under section 4 of the Clayton Act (15 U S C section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, goods or materials pursuant to this Agreement. ARTICLE 3 — RESPONSIBILITIES OF CITY 3 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services. 3.2 City designates Chris Boatman, Facilities and Community Services Department Director, as City's representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City's policies and decisions with respect to performance of the Services. ARTICLE 4 — PERFORMANCE OF SERVICES 4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit "A." The Services shall commence as of the Effective Date of this Agreement and Contractor shall complete the Services by April 30, 2022, unless the Services are earlier terminated as permitted herein. 4.2 Contractor shall furnish a labor and material bond, in the form attached hereto as Exhibit "B" which is incorporated herein by reference, in an amount equal to one hundred percent (100%) of the total compensation to be paid to Contractor pursuant to this Agreement. ARTICLE 5 — PAYMENTS TO CONTRACTOR 5 1 Total compensation for Contractor's performance of the Services shall be in the amount of Sixty Two Thousand Five Hundred Sixty Dollars and Fifty Cents ($62,560.50) City shall pay Contractor on a time and materials basis up to the not to exceed amount in accordance with Exhibit "C," titled "Price and Fee," which is attached hereto and incorporated herein by reference. 5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor's invoice. 2 L:\ca\djm\Agreements\On Power Industries Agreement.NPS-2.2.FY21-0041.doe.jn amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor 8 7 This Agreement shall be governed by and construed m accordance with the laws of the State of California, without regard to its conflicts of laws provisions The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tned and litigated only m the state courts located m San Bernardino County, California, and the federal courts located in Riverside County, Califorma 8 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declared invalid, void or unenforceable by a court of competent Jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargam under this Agreement IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement CI ANDS Paul T. Barich, Mayor ATTEST 4 Donaldson, City Clerk ON POWER STRIES, LLC By. 6 L \ca\djm\Agreements\On Power Industnes Agreement.NPS 2.2.FY21 0041 doc.jn And Clapp, Owner CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California v.._ County of } On (e � aT), -1 before me, ( -C.1/t( Art � I � � er 1 N ,- .1\a-1 Date H�re Insert Name and Title of the Officer personally appeared cA rtif.) G'Ut p! Name(s) of Eigner(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument MEAGAN MILLER Notary Public California z Riverside County Commission # 2278119 My Comm Expires Feb 19, 2023 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand i d official seal Signature Signati of Notary public I � Completing this information can deter alteration of thedocument or fraudulent reattachment of this form to an unintendedocument Description of Attached Document Title or Type of Document Document Date Number of Pages Signer(s) Other Than Named Above OPTIONAL Capacity(ies) Claimed by Signer(s) Signer's Name ❑ Corporate Officer — Title(s) ❑ Partner — a Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator a Other Signer is Representing Signer's Name a Corporate Officer — Title(s) a Partner — ❑ Limited a General ❑ Individual ❑ Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Other Signer is Representing ©2017 National Notary Association EXHIBIT "A" SCOPE OF SERVICES • Disconnect existing 200kw Cummins generator electrical as well as unbolt the unit from the ground and disconnect the existing fuel lines from the day tank. • Use a reach lift and remove the existing generator; prepare unit for storage. • Prepare worksite for the new generator to be installed. • Saw cut the asphalt and concrete and intercept the existing underground electrical feed from the existing Zenith ATS and redirect that feed to the new generator installation location. • Install new generator and secure in place. • Reconnect the electrical feeders, control wiring, and annunciator • Re -run the fuel piping to the new generator and install correct check valves in place for proper startup of NFPA110 requirements. • Perform the startup of the generator and full 4 hour load test. • Submit all AQMD applications and obtain permits for the Services. • Completion of installation and testing will conclude within a 2 week period once notice to proceed is issued by City • Warranty is one (1) year on parts and labor 7 L.\ca\djm\Agreements\On Power Industries Agreement.NPS-2.2.FY21-0041.doc.jn on /1/ EXHIBIT "B" LABOR AND MATERIAL BOND Whereas, the City of Redlands, State of California, and On Power Industries, LLC (hereinafter designated as "Principal") have entered mto an agreement (the "Agreement") whereby Principal agrees to mstallation of Cummins generator equipment and related electrical components (the "Work"), which said agreement, dated November 2, 2021, and titled as "Agreement to Perform Non -Professional Services for Improvement to Public Builds and Grounds" is hereby referred to and made a part hereof, and Whereas, under the terms of the Agreement, Principal is required before commencing the performance of the Work, to file a good and sufficient Labor and Material bond with the City of Redlands to secure the claims to which reference is made in Title 3 (commencing with Section 9550) of Part 6 of Division 4 of the Civil Code of the State of California Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City and all contractors, subcontractors, laborers, material men and other persons employed m the performance of the Agreement and referred to m the aforesaid Code of Civil Procedure in the sum of Sixty Five Thousand Six Hundred Sixty Two Dollars and Eighty Five Cents ($65,662 85) for matenals furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same m an amount not exceeding the amount heremabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys' fees, mcurred by the City in successfully enforcing such obhgation, to be awarded and fixed by the court, and to be taxed as costs and to be mcluded m the judgment therein rendered It is hereby expressly stipulated and agreed that this bond shall msure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 3 (commencmg with Section 9550) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition In witness whereof, this instrument has been duly executed by the Principal and surety above named, , 20Z1 Address (Seal and Notarial Acknowledgment of Telephone( ) Surety) 8 L \ca\ djm\Agreements\ On Power Industnes Agreement.NPS 2.2.FY21 0041 doc jn EXHIBIT "D" WORKERS' COMPENSATION INSURANCE CERTIFICATION Every employer, except the State, shall secure the payment of compensation m one or more of the following ways (a) By being insured agamst liability to pay compensation by one or more insurers 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 furmshing 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 CHECK ONE I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured agamst 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 commencmg the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861). ✓ 1 affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance I certify under penalty of perjury under the laws of the State of Cahforma that the information and representations made in this certificate are true and correct ON POWER INDUSTRIES, LLC By. An Clapp, Owner 10 L \ca\djm\Agreements\On Power Industries Agreement.NPS 2.2.FY21 0041 doc.jn Date. ///2/ )