HomeMy WebLinkAboutContracts & Agreements_250A-2025fil' Tilden Gail,.
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3612 Mission Inn Avenue
Riverside. GalJornia 92501
951 684 .5901 1951.684.0725 - fax
Redlands State Street City Hall
Prime Contractor Change Order
Date: 2025-12-09
300 E. State Street, Redlands, CA 92373 Project # 25-002
Prime Contractor: PO Number: TBD
Perfection Pro Contractors Contract Date: TBD
Proposed Change to Contract for the following items(s): SC 09: Finish Flooring
PCO Description
COR008 BC09-001: Agreement Corrections
Change Order Number: 1
Contract Number: TBD
The original Contract Value was:
Sum of changes by prior Prime Contractor Change Orders:
The Contract Value prior to this prime Contractor Change Order was:
The Contract Value will be changed by this Prime Contractor Change Order in the amount of:
The new Contract Value including this Prime Contractor Change Order will be,
The Contract duration will be changed by:
Amount
$0,00
$220,000.00
$0.00
5220,000.00
$0.00
$220,000.00
0 Days
The compensation (time and cost) set forth in the Change Order comprises the total compensation due the Contractor, all Subcontractors, and all Suppliers, for the
work or change defined in the Change Order, including impact on unchanged work. By signing the Change Order, the Contractor acknowledges and agrees, on behalf
of himself, all Subcontractors, and all Suppliers, that the stipulated compensation includes payment far all work contained in the Change order, plus all payment for
the interruption of schedules, extended overhead costs, delay, and all impact, ripple effect or cumulative impact on work under this Contract. The signing of the
Change Order indicates that the Change Order constitutes full mutual accord and satisfaction for the change, and that the time and/or cast under the Change Order
constitutes the total equitable adjustment owed the Contractor. all Subcontractors, and all Suppliers, as a result of the change. The Contractor, on behalf of himself,
all Subcontractors, and all Suppliers, agrees to waive all right, without exception or reservation of any kind whatsoever, to file any further claim related to this Change
Order. No further Claim or request for equitable adjustment of any type for any reasonably foreseeable cause shall arise out of or as a result of this Change Order or
impact of this Change Order on the remainder of the work under this Contract.
Construction Manager: Tilden -Coil Constructors, Inc.
3612 Mission Inn Avenue
Riverside, CA 92501
8y: Ifeyin Perez
Signature: ,(' '
Date: Z 12LQ9L2025
Prime Contractor. Perfection Pro Contractors
248020 Orchard Village, Suite A#310
Santa Clarita, CA 91355
By: Antonia Marquez
Signature: Y Z ,
Date: 12/12/2025
REVISED AGREEMENT CORRECTIONS
Bid Category No. 09
THIS AGREEMENT ("Agreement"), entered into this 16th day of December, 2025 in San
Bernardino County, by and between the CITY OF REDLANDS, a municipal corporation, hereinafter
referred to as the "City", and Perfection Pro Contractors , hereinafter referred to as the "Contractor".
City and Contractor are sometimes individually referred to herein as a "party" and, together, as the "parties."
WHEREAS, City seeks labor, materials, equipment, tools, and utility and transportation services,
and perform and complete all work required in connection with the project identified as FCS20251017TS
& City Hall Renovation by advertising bids and Contractor was a successful bidder to provide work on a
portion of the Project; and
WHEREAS, Contractor acknowledges that FCS20251017TS & City Hall Renovation project is
being awarded in accordance with the Uniform Public Construction Cost Accounting ("UPCCAA") set
forth in Public Contract Code section 22000, et seq.; and
WHEREAS, Bidders shall comply with any requirements set forth in the UPCCAA including all
guidelines and requirements in the current California Uniform Construction Cost Accounting Commission
Cost Accounting Policies and Procedures Manual; and
WHEREAS, Contractor shall cooperate with the City and provide any requested information or
documents as requested by the City to comply with the UPCCAA including, but not limited to, all project -
related cost data, invoices, accounting records, payroll records, etc.
In consideration of the mutual promises contained herein, City and Contractor agree as follows:
ARTICLE 1- SCOPE OF WORK: The Contractor shall furnish all labor, materials, equipment,
tools, and utility and transportation services, and perform and complete all work required in connection
with FCS20251017TS & City Hall Renovation ("Project") in strict accordance with the Contract
Documents enumerated in Article 7 below. The Contractor shall be liable to the City for any damages
arising as a result of a failure to comply with that obligation, and the Contractor shall not be excused with
respect to any failure to comply by an act or omission of the City, its officers, officials, employees, agents
or the Construction Manager, Architect, Engineer, Inspector, or representative of any of them, unless such
act or omission actually prevents the Contractor from fully complying with the Contract Documents and
the Contractor protests, in accordance with the Contract Documents, that the act or omission is preventing
the Contractor from fully complying with the Contract Documents. Such protest shall not be effective
unless reduced to writing and filed with the City office within seven (7) days of the date of occurrence of
such act or omission preventing the Contractor from fully complying with the Contract Documents.
ARTICLE 2 - TIME OF COMPLETION: The City may give notice to proceed within ninety
(90) days of the award of the bid by the City. Once the Contractor has received a notice to proceed, the
Contractor shall reach Substantial Completion (See Article 1.1.49 of the General Conditions) of the Scope
of Work within Three Hundred Thirty-two (332) calendar days from the start of construction. This shall
be called Contract Time. (See Article 8 of the General Conditions). It is expressly understood that time is
of the essence.
Contractor has thoroughly studied the Project and Contract Documents and has satisfied itself that
the time period(s) for this Project is adequate for the timely and proper completion of submittal,
procurement and the Project within each milestone and within the Contract Time.
In the event that the City desires to postpone giving the notice to proceed beyond this ninety (90)
day period, it is expressly understood that with reasonable notice to the Contractor, giving the notice to
proceed may be postponed by the City. It is further expressly understood by the Contractor, that the
Contractor shall not be entitled to any claim of additional compensation as a result of the City's
postponement of giving the notice to proceed.
If the Contractor believes that a postponement will cause hardship to it, the Contractor may
terminate the Contract with written notice to the City within ten (10) days after receipt by the Contractor of
the City's notice of postponement. It is further understood by the Contractor that in the event that the
Contractor terminates the Contract as a result of postponement by the City, the City shall only be obligated
to pay the Contractor for the work performed by the Contractor at the time of notification of postponement.
Should the Contractor terminate the Contract as a result of a notice of postponement, the City shall have
the authority to award the Contract to the next lowest responsible bidder.
ARTICLE 3 - LIQUIDATED DAMAGES: It being impracticable and infeasible to determine
the amount of actual damage, it is agreed that the Contractor will pay the City the sum specified in the
Supplementary General Conditions per calendar day for each and every day of delay beyond the Contract
Time set forth in Article 2 of this Agreement (inclusive of Milestones that are critical on the critical path or
noted as critical to the City) as Liquidated Damages and not as a penalty or forfeiture. In the event
Liquidated Damages are not paid, the Contractor further agrees that the City may deduct such amount
thereof from any money due or that may become due the Contractor under the Contract (See Article 9.6
and 2.2 of the General Conditions).
ARTICLE 4 - CONTRACT PRICE: The City shall pay to the Contractor as full consideration
for the faithful performance of the Contract, subject to any additions or deductions as provided in the
Contract Documents, the sum of TWO HUNDRED TWENTY THOUSAND DOLLARS ($220,000), said
sum being the total amount stipulated by Contractor in its Bid. Payment shall be made as set forth in the
General Conditions.
Should any Change Order result in an increase in the Contract Price, the cost of such Change Order
shall be agreed to in advance by the Contractor and the City, subject to the monetary limitations set forth
in the Redlands Municipal Code section 2.16.140. In the event that the Contractor proceeds with a Change
in the Scope of Work without a written agreement between the City and Contractor regarding the cost of a
Change Order, the Contractor waives any Clain of additional compensation for such additional work.
ARTICLE 5 - INDEMNIFICATION: Contractor shall defend (with counsel acceptable to the
City), indemnify and hold harmless City, City's officers, officials, employees and the Architect,
Construction Manager, Inspector and their respective officers, employees, agents and independent
contractors from all liabilities, claims, actions, liens, judgments, demands, damages, losses, costs or
expenses of any kind, including but not limited to attorneys' fees, arising from death, personal injury,
property damage or other cause based or asserted upon any act, omission, or breach or otherwise arising
out of connected with or resulting from the performance of this Agreement or the Contract Documents.
As part of this indemnity, Contractor shall protect and defend, at its own expense, City, City's officers,
officials, employees and agents and the Architect, Construction Manager, Inspector and their officers,
employees, agents and independent contractors from any legal action including attorney's fees or other
proceeding based upon such act, omission, breach or as otherwise required by this Article.
Furthermore, Contractor agrees to and does hereby defend (with counsel acceptable to City),
indemnifies and holds harmless City, City's officers, officials, employees and agents, and the Architect,
Construction Manager, Inspector, and their officers, employees, agents and independent contractors from
every claim or demand made, and every liability, loss, damage, expense or attorney's fees of any nature
whatsoever, which may be incurred by reason of:
(a) Liability for (1) death or bodily injury to persons; (2) damage or injury to, loss (including
theft), or loss of use of, any property; (3) any failure or alleged failure to comply with any provision of
law, this Agreement or the Contract Documents; or (4) any other loss, damage or expense, sustained by
any person, firm or corporation or in connection with the Scope of Work called for in this Agreement or
the Contract Documents, except for liability resulting from the sole or active negligence, or the willful
misconduct of the City.
(b) Any bodily injury to or death of persons or damage to property caused by any act,
omission or breach of Contractor, subcontractor or any person, firm or corporation employed by
Contractor, either directly or by independent contract, including all damages or injury to or death of
persons, loss (including theft) or loss of use of any property, sustained by any person, firm or corporation,
including the City, arising out of or in any way connected with Scope of Work covered by this Agreement
or the Contract Documents, whether said injury or damage occurs either on or off City property, but not
for any loss, injury, death or damages caused by the sole or active negligence or willful misconduct of the
City.
(c) Any dispute between the Contractor and its subcontractors, suppliers and/or sureties,
including, but not limited to, any failure or alleged failure of the Contractor (or any person hired or
employed directly or indirectly by the Contractor) to pay any subcontractor, materialman, or other person
of any tier employed in connection with the Scope of Work and/or filing of any stop notice or mechanic's
lien claim. Contractor shall, at its own expense, cost, and risk, defend indemnify, and hold harmless the
City, its officers, officials, employees, and agents from any and all claims, actions, suits, or proceedings
brought or asserted by any subcontractor, supplieror suretyarising out of such disputes„ and shall pay or
satisfy any judgment rendered against the City as a result thereof.
The Contractor's obligation to defend, indemnify and hold harmless the City, Architect,
Construction Manager, Inspector, and their officers, employees, agents and independent contractors
hereunder shall include, without limitation, any and all claims, damages, and costs for the following: (1)
any damages or injury to or death of any person, and damage or injury to, loss (including theft), or loss of
use of, any property; (2) breach of any warranty, express or implied; (3) failure of the Contractor or
Subcontractors to comply with any applicable governmental law, rate, regulation, or other requirement; (4)
products installed in or used in connection with the Work; and (5) any claims of violation of the Americans
with Disabilities Act ("ADA").
ARTICLE G - PROVISIONS REQUIRED BY LAW: Each and every provision of law and
clause required to be inserted in this Contract shall be deemed to be inserted herein, and this Contract shall
be read and enforced as though it were included herein, and if through mistake or otherwise any such
provision is not inserted or is not inserted correctly, then upon application of either party the Contract shall
forthwith be physically amended to make such insertion or correction.
ARTICLE 7 - CONTRACT DOCUMENTS: This Agreement includes and incorporates by
reference the following documents, all of which are deemed the Contract Documents as if herein set out in
full or attached hereto:
Notice Inviting Bids
Instructions to Bidders
Designation of Subcontractors
Non -Collusion Declaration
Bid Guarantee Form
Bid Bond
Bid Form
Contractor's Certificate Regarding Worker's Compensation
Acknowledgment of Bidding Practices Regarding Indemnity
Agreement Form
Payment Bond
Performance Bond
Guarantee
Escrow Agreement for Security Deposit In Lieu of Retention
Workers' Compensation/Employers Liability Endorsement
General Liability Endorsement
Automobile Liability Endorsement
Contractor's Certificate Regarding Drug -Free Workplace
Contractor's Certificate Regarding Alcohol and Tobacco
General Conditions
Supplementary General Conditions
Specifications
All Addenda as Issued
Drawings/Plans
Substitution Request Form
Requirements, Reports and/or Documents in the Project Manual or Other Documents Issued to Bidders
Trade Scope of Work Summary
All of the above -referenced Contract Documents are intended to be complementary. Work required
by one of the abovenamed Contract Documents and not by others shall be done as if required by all.
ARTICLE 8 - PREVAILING WAGES: Wage rates for this Project shall be in accordance with
the general prevailing rate of holiday and overtime work in the locality in which the work is to be performed
for each craft, classification, or type of work needed to execute the Agreement as determined by the Director
of the Department of Industrial Relations. Copies of schedules of rates so determined by the Director of
the Department of Industrial Relations are on file at the administrative office of the City and are also
available from the Director of the Department of Industrial Relations. Monitoring and enforcement of the
prevailing wage laws and related requirements will be performed by the Labor Commissioner/ Department
of Labor Standards Enforcement (DLSE).
The following are hereby referenced and made a part of this Agreement and Contractor stipulates
to the provisions contained therein.
1. Chapter 1 of Part 7 of Division 2 of the Labor Code (Section 1720, et seq.)
2. California Code of Regulations, Title 8, Chapter 8, Subchapters 3 through 6 (Section
16000, et seq.)
ARTICLE 9 - RECORD AUDIT: In accordance with Government Code section 8546.7 (and
Davis Bacon, if applicable) and Article 13.11 of the General Conditions, records of both the City and the
Contractor shall be subject to examination and audit for a period of five (5) years after a Final Retention
Payment or the Recording of a Notice of Completion, whichever occurs first.
0
ARTICLE 10 - CONTRACTOR'S LICENSE: The Contractor, and subcontractors, if any, must
possess throughout the term of the Project a Class as specified in the Notice Inviting Bids, a Contractor's
License, issued by the State of California, which must be current and in good standing.
ARTICLE 11 -ATTORNEYS' FEES: In the event any action is commenced to enforce or
interpret the terms or conditions of this Contract, or the Contract Documents, the prevailing Party in such
action, in addition to any costs and other relief, shall be entitled to recover its reasonable attorneys' fees,
including fees for use of in-house counsel by a Party.
ARTICLE 12 - ELIGIBILITY OF CONTRACTORISUBCONTRACTOR: Contractor and all of
its subcontractors shall abide by California Public Contract Code, Section 6109, and California Labor Code
Sections 1777.1 and/or 1777.7, and certify that they are not debarred and are eligible to work on this project.
ARTICLE 13 - ASSIGNMENT OF AGREEMENT: No assignment by a Party of any rights or
interests render this Contract shall be binding on another Party without the written consent of the Party sought
to be bound.
ARTICLE 14 - SUCCESSORS AND ASSIGNS: City and Contractor each binds itself and their
respective successors and assigns in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
ARTICLE 15 - SEVERABILITY: Any provision or part of the Contract Documents held to be void
or unenforceable under any law or regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon City and Contractor.
IN WITNESS WHEREOF, this Agreement has been duly executed by the above named parties,
on the day and year first above written.
CITY OF REDLANDS;
CONTRACTOR: perfection Painting Corp
By: BY:
�Y1 ��� m► Name: Antonia Marquez
Maym Af6-1�5-jpn-r LEI rnpfi,46— Title: President
c
Dated: 121, S G — O - -
Signature
ATTEST:
nne Donaldson, City Clerk
Diana Zarate
Type or Printed Name
Secretary
Title (Authorized Officers or Agents)
re
(CORPORATE SEAL)
6
WARRANTY
We hereby warranty the following specification sections have been installed for the City of
Redlands at City Hall Renovation and performed in accordance with the requirements of the
Contract Documents and that the work as installed will fulfill the requirements of the Contract
Documents. •07 05 00 - Concrete Floor Testing
-07 2613 — Above Grade Vapor Retarders
SPECIFICATION SECTION AND DESCRIPTION: •09 05 61 — Common Work Results for Flooring Preparation
01 70 00 - Execution and Closeout Requirements •09 65 00- Resilient Base
01 78 00 -Closeout Submittals •09 65 19 - Luxury Vinyl i
•09 65 36 —Static Dissipattivv
e Tile
•09 68 13 — Tile Carpeting
The undersigned agrees to repair or replace any or all of such work that may prove to be
defective in workmanship or material together with any other adjacent work which may be
displaced in connection with such replacement within a minimum period of ONE (1) YEAR from
the date of Notice of Completion of the above -mentioned project. Ordinary wear and tear and
unusual abuse or neglect is excepted.
In the event of the undersigned's failure to comply with the above mentioned conditions within a
reasonable period of time, as determined by the OWNER, but not later than ten (10) working
days after being notified in writing by the OWNER, the undersigned authorizes the OWNER to
proceed to have said defects repaired and made good at the expense of the undersigned, which
will pay the costs and charges therefore upon demand.
The provisions of this Warranty are in addition to, and not in lieu of, any provisions of the
Contract Documents for the Work relating to the Contractor's Guarantee(s) and Warranty(ies) or
any Guarantee(s) or Warranty(ies) provided by any material supplier or manufacturer of any
equipment, materials or other items forming a part of, or incorporated into the Work, or any
other Guaranty or Warranty obligation of the Contractor, prescribed, implied or imposed by law.
Perfection Painting Corp
CONTRACTOR
81GNATURE
Antonia Marquez
TYPED OR PRINTED NAME
Representatives to be contacted for service subject to terms of contract.
NAME Oscar Marquez
ADDRESS 24820 Orchard Village, Ste. A#310, Santa Clarita, CA 91355
PHONE # 661.234.1905
City of Redlands Division 01 Contract Closeout 01 78 39
City Hall Renovation 7