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HomeMy WebLinkAboutContracts & Agreements_253A-2025rA' TildeCNSTn Coil 1J„&h,jg u•,rh !n[�gdry .Y�rirr h78 3612 Mission Inn Avenue Riverside, California 92501 951.684.5901 1951,684.0725 -fax Prime Contractor Change Order 4.i]7 Redlands State Street City Hall date: 2025-12-09 300 E. State Street, Redlands, CA 92373 Project # 25-002 Prime Contractor: PO Number: TBD Change Order Number: 1 Rivera Equipment dba Valley Contract Date: TBD Contract Number: TBD Industrial Mechanical Proposed Change to Contract for the following items(s): BC 12: Plumbing PCO Description Amount COR011 BC12-001: Agreement Corrections $0.00 The original Contract Value was: $416,340.00 Sum of changes by prior Prime Contractor Change Orders: $0.00 The Contract Value prior to this Prime Contractor Change Order was: $416,340.00 The Contract Value will be changed by this Prime Contractor Change Order in the amount of: $0.00 The new Contract Value including this Prime Contractor Change Order will be: $416,340.00 The Contract duration will be changed by: 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 for 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 rile 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 at 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 By: Kevin Perez I,l f Signature: ,1 Date: /1 12/09/2025 Prime Contractor: Rivera Equipment dba Valley Industrial Mechanical 13312 Ranchero Rd, Suite 18-83 Oak Hills, CA 92344 By: RaMand Rivera Signature: Date: 12.11.2025 Bid Category No. 12 THIS AGREEMENT ("Agreemenf), 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 Rivera Equipment. a California Corporation, dba Valley Industrial Mechanical , 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 famish 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 (99) 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 FOUR HUNDRED SIXTEEN THOUSAND THREE HUNDRED FORTY DOLLARS ($416,340), 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 Claim 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, rule, 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 6 - 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, ortype ofwork 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. 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. 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 CONTRACTOR/SUBCONTRACTOR: 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 under 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 - SE VERABILITY: 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: By: -�1Le.�a�ceca�e ��f. Dated: / ZLl &k ATTEST: ne Donaldson, City Clerk Rivera Equipment dba Valley CONTRACTOR: Industrial Mechanical Bv: Name: Raymond Rivera Title: CEO Signature Type or Printed Name Title (Authorized Officers or Agents) Signature (CORPORATE SEAL) 0 W� 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 84 00 - Firestopping (As it Applies) SPECIFICATION SECTION AND DESCRIPTION: •07 9213 - Elastomeric Joint Sealants (As it Applies) 01 70 00 - Execution and Closeout Requirements •08 31 00 - Access doors and panels (As it Applies) 01 78 00 - Closeout Submittals -Division 22 -- Plumbing 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. Rivera Equipment dba Valley Industrial Mechanical C0>TRACT0 SIGNATURE Raymond Rivera TYPED OR PRINTED NAME Representatives to be contacted for service subject to terms of contract. NAME Raymond Rivera ADDRESS 13312 Ranchero Rd Ste 1B-83 Oak Hills, CA 92344 PHONE # 760.646-7974 City of Redlands Division 41 Contract Closeout 01 78 M City Hall Renovation 7