HomeMy WebLinkAboutBeckco, Inc.-2009-20 •
• AGREEMENT FOR THE CONSTRUCTION AND INSTALLATION OF A MESSAGE BOARD
SIGN AND NON-ELECTRIC COMMUNITY SIGN IN THE CITY OF GRAND TERRACE
On this day of August, 2009, the CITY OF GRAND TERRACE, a public body, corporate
and politic, hereinafter referred to as "City ", and Quiet Bros. Electric Sign Services Co., Inc., 272 S.
I Street, San Bernardino, California, State Contractor's License No. 217345, hereinafter referred to as
"Contractor",mutually agree as follows:
1. Contractor shall furnish all labor, design services, equipment and materials and do all things
necessary for the proper design, construction, installation, and completion of the work in accordance
with the specifications and Contractor's bid proposal on file with the City for Bid No. GTB 09-04
(the "Work"). Contractor shall perform the Work in accordance with the provisions and requirements
of the following Contract Documents: Notice Inviting Bids (Bid No. GTB 09-04); Special
Provisions, Standard Drawings, Proposal Forms; and the 2006 Edition of the Standard Specifications
for Public Works Construction ("Standard Specifications") written by Public Works Standards, Inc.;
Contractor's Proposal and Bid Schedule, performance bond and payment bond; this Agreement; and
all documents, maps, texts and items referred to in the foregoing documents. These Contract
Documents are incorporated herein and are intended to be correlative and constitute Contractor's
performance obligations. The provisions of the Public Works Department Special Provisions
("Special Provisions") shall take precedence over any conflicting provisions in the Standard
Specifications and the specific terms and conditions of this Agreement shall control and have
precedence over any contradictory or inconsistent terms or conditions included in any of the Contract
Documents and shall be controlling in questions of interpretation.
2. City shall pay Contractor the Contract Price of sixty-five thousand eight hundred fifty
Dollars ($65,850) which includes all California sales or use tax and County and City taxes, for the
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• performance of all of the Work according to the terms and conditions contained or referred to herein,
the completion of the improvements in strict conformity with the provisions hereof and the guarantee
of the Work and improvements for the periods set forth in the Contract Documents. Monthly
progress payments shall be made in accordance with Section 8-3 of the Standard Specifications.
In accordance with Section 22300 of the California Public Contract Code, Contractor may
substitute securities for any monies withheld by City to ensure performance of the Contract. Such
substitution shall be made at the request and expense of Contractor. Securities equivalent to the
amount withheld may be deposited with City or with a state or federally chartered bank as escrow
agent. Securities eligible for substitution shall include those listed in Section 16430 of the
Government Code, bank or saving and loan certificates of deposit, interest bearing demand deposit
accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City.
Thirty-five (35) days after City accepts the Work and files a Notice of Completion, City shall
pay Contractor the amounts City deducted and retained from its progress payments, except such sums
thereof which are required by law or authorized by the Contract to be further retained.
3. Contractor shall complete all of the Work of the Contract within on hundred twenty (120)
calendar days after the date specified to Contractor in the Notice to Proceed issued by City.
4. Failure of Contractor to complete the Work within the time allowed will result in damages
being sustained by City. Such damages are, and will continue to be, impracticable and extremely
difficult to determine. For each consecutive calendar day in excess of the time specified for the
completion of Work, as adjusted in accordance with Section 6-9 of the Standard Specifications,
Contractor shall pay to City, or have withheld from monies due Contractor, the sum of One thousand
Dollars ($1,000.00). Execution of this Agreement shall constitute agreement by City and Contractor
that said sum is the minimum value of the costs and actual damage caused by the failure of
Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall
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not be construed as a penalty, and may be deducted from payments due Contractor if such delay
occurs.
5. Contractor shall not be compensated for any extra materials used or time expended, over and
above the Contract Price,unless prior written approval for the same has been granted by City.
6. As a condition of Contract, Contractor and all subcontractors shall secure business licenses to
operate in the City of Grand Terrace, and shall also secure any other licenses or permits which may
be required.
7. Contractor acknowledges and agrees that with respect to any business tax or penalties
thereon, utility charges, invoiced fee or other debt which is owed, or which becomes owed, by
Contractor to City, City reserves the right to withhold and offset said amounts from any payments,
refunds or reimbursements owed by City to Contractor under the Contract. Notice of such
withholding and offset shall promptly be given to Contractor by City in writing. In the event of a
dispute as to the amount owed or whether such amount is owed to City, City will hold such disputed
amount until either the appropriate appeal process has been completed or until the dispute has been
resolved.
8. Prior to City 's execution of this Agreement, Contractor shall furnish City completed forms
of the two surety bonds included within the Special Provisions, one as security for the faithful
performance of the Contract and one as security for the payment of all persons performing labor and
furnishing materials in connection with the Contract. Both bonds shall be in the amount of 100% of
the Contract Price and shall be subscribed by a corporate surety which is authorized to transact surety
insurance business in the State of California with a policy holder's rating of A or higher and a
financial class of VII or larger. Should any bond or surety become insufficient, Contractor shall
furnish City a new bond within ten (10) days after receiving notice from City. No payments will be
due or paid under the Contract until any and all bond deficiencies have been remedied.
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9. By executing this Agreement, Contractor certifies that Contractor is aware of and will
comply with Section 3700 of the Labor Code of the State of California requiring every employer to
be insured against liability for workers' compensation or to undertake self-insurance before
commencing any of the Work. Contractor shall comply with Labor Code Section 1861 by signing
and filing the workers' compensation certification with the City Attorney.
Prior to City's execution of this Agreement, Contractor shall file with City either (1) a
certificate of insurance or self-insurance evidencing that such insurance in effect, or that Contractor is
self-insured for such coverage; or (2) a certified statement that Contractor has no employees, and
acknowledging that if Contractor does employ any person, the necessary certificate of insurance will
immediately be filed with City. Any certificate filed with the City shall provide that City shall be
given ten(10)days prior written notice before modification or cancellation thereof.
Contractor's workers' compensation carrier shall be authorized to transact insurance business
in the State of California with a policy holder's rating of A or higher and a financial class of VII or
larger.
10. Except as to the sole negligence, active negligence or willful misconduct of the City,
Contractor shall indemnify and hold the City of Grand Terrace, and their employees, officers,
managers, agents and council members, harmless from any and all loss, damage, claim for damage,
liability, expense or cost, including attorneys' fees, which arises out of, or is related to, or is in any
manner connected with, the performance of work, activities, operations or duties of Contractor, or
anyone employed by or working under Contractor, and from all claims by anyone employed by or
working under Contractor for services rendered to Contractor in the performance of this Agreement,
notwithstanding that the City may have benefited from their services. This indemnification provision
shall apply to any acts or omissions, willful misconduct or negligent conduct, whether active or
passive, on the part of Contractor or of anyone employed by or working under Contractor.
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The parties expressly agree that any payment, attorneys' fees, costs or expense that the City
incurs or makes to or on behalf of an injured employee under the City's self-administered workers'
compensation is included as a loss, expense or cost for the purposes of this Section, and that this
Section shall survive the expiration or early termination of the Agreement.
11. Contractor agrees, at its cost and expense, to promptly defend the City of Grand Terrace
and their employees, officers, managers, agents and council members (collectively the "Parties to be
defended") from and against any and all claims, allegations, lawsuits or other legal proceedings
which arise out of, or are related to, or are in any manner connected with: (I) the work, activities,
operations, or duties of Contractor, or of anyone employed by or working under the Contractor, or(2)
any breach of this Agreement by Contractor. This duty to defend shall apply whether or not such
claims, allegations, lawsuits or proceedings have merit or are meritless, or which involve claims or
allegations that any of the Parties to be defended were actively, passively or concurrently negligent,
or which otherwise assert that the parties to be defended are responsible, in whole or in part, for any
loss, damage or injury. Contractor agrees to provide this defense immediately upon written notice
from the City, and with well qualified, adequately insured and experienced legal counsel acceptable
to the City.
12. Prior to City 's execution of this Agreement, Contractor shall secure, and shall thereafter
maintain until completion of the Contract, such commercial general and automobile liability
insurance as shall protect Contractor from claims for damages for personal injury, including
accidental death, as well as from claims for property damage which may arise from or which may
concern operations under the Contract, whether such operations be by or on behalf of Contractor, any
subcontractor or anyone directly or indirectly employed by, connected with or acting for or on behalf
of any of them.
All liability insurance shall be issued by an insurance company or companies authorized to
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• transact liability insurance business in the State of California with a policy holder's rating of A or
higher and a financial class of VII or larger and shall cover commercial general and automobile
liability for both bodily injury (including death) and property damage, including but not limited to
aggregate products, aggregate operations, aggregate protective and aggregate contractual with the
following minimum limits:
Commercial General $1,000,000 per occurrence
$2,000,000 aggregate
Automobile $1,000,000 per occurrence
Policies or original certificates of insurance and completed forms of the Additional Insured
Endorsement included within the Special Provisions (or insurance company equivalent acceptable to
City) evidencing the coverage required by the Contract for both commercial general and automobile
liability, which coverage is more particularly set forth in Section 7-3 of the Special Provisions, shall
be filed with City and shall include the City of Grand Terrace as additional insured. The policy or
policies shall be in the usual form of public liability insurance, but shall also include the following
provisions:
Solely as respects work done by and on behalf of the named insured for the City, it is agreed
that the City of Grand Terrace and their officers and employees are added as additional insured under
this policy.
The policies shall not be canceled unless thirty (30) days prior written notification of intended
cancellation has been given to City by certified or registered mail.
The insurance policy or policies shall also comply with the following provisions:
a. Policies shall include premises/operations, products completed operations, independent
contractors, owners and contractors' protection, explosion, collapse, underground
hazard, broad form contractual, personal injury with employment exclusion deleted,
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and broad form property damage.
b. The policy shall be endorsed to waive any right of subrogation against the City, and its
subconsultants, employees, officers, agents and directors for work performed under
this Contract.
c. If policies are written on a claims made basis, the certificate should so specify and the
policy must continue in force for one year after completion of the project. The
retroactive date of the coverage must also be listed.
d. The policy shall specify that the insurance provided by Contractor will be considered
primary and not contributory to any other insurance available to the City of Grand
Terrace.
12. Prior to City 's execution of this Agreement, Contractor shall obtain and shall
thereafter maintain during the term of this Agreement, pollution liability insurance in the minimum
amount of$1,000,000 to protect the City from claims arising from Contractor's activities. Contractor
shall file with the City a certificate of insurance evidencing the coverage required herein.
Contractor's pollution liability policy shall be issued by an insurance company
authorized to transact insurance business in the State of California with a policy holder's rating of A
or higher and a financial class of VII or larger.
13. Contractor and all subcontractors are required to pay the general prevailing wage rates
of per diem wages and overtime and holiday wages determined by the Director of the Department of
Industrial Relations under Section 1720 et seq. of the California Labor Code and implemented by
Resolution No. 13346 of the City Council of the City of Grand Terrace. The Director's determination
of prevailing rates is available on-line at www.dir.ca.¢ov/dlsr/statistics research.html and is referred
to and made a part hereof; the wage rates therein ascertained, determined and specified are referred to
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and made a part hereof as though fully set forth herein.
14. Contractor is aware of and stipulates that Contractor will also comply with the following
sections of the California Labor Code:
(A) Section 1775 prescribing sanctions for failure to pay prevailing wage rates;
(B) Section 1776 requiring the making, keeping and disclosing of detailed payroll records
and prescribing sanctions for failure to do so;
(C) Section 1777.5 prescribing the terms and conditions for employing registered
apprentices;
(D) Section 1810 providing that eight hours of labor shall be a day's work; and
(E) Section 1813 prescribing sanctions for violations of the provisions concerning eight
hour work days and forty hour work weeks.
15. Except as provided in Section 12940 of the California Government Code, during
Contractor's performance of the Contract, Contractor shall not discriminate on the grounds of race,
religious creed, color, national origin, ancestry, age, physical handicap, medical condition including
the medical condition of Acquired Immune Deficiency Syndrome (AIDS) or any condition related
thereto, marital status, sex or sexual orientation in the selection and retention of employees and
subcontractors and the procurement of materials and equipment. Contractor shall also comply with
the requirements of the Americans with Disabilities Act in the performance of the Contract.
16. Service of any notices, bills, invoices or other documents required or permitted under the
Contract shall be sufficient if sent by one party to the other by United States mail, postage prepaid
and addressed as follows:
City Contractor
City of the City of Grand Terrace Larry R. Quiel
Community and Economic Development Director Quiel Bros. Electric Sign Co., Inc.
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22795 Barton Road 272 S. I Street
Grand Terrace, California 92313 San Bernardino, CA 92410
17. Any action at law or in equity brought by either of the parties hereto for the purpose of
enforcing a right or rights provided for by this Agreement shall be tried in a court of competent
jurisdiction in the County of San Bernardino, State of California, and the parties hereby waive all
provisions of law providing for a change of venue in such proceedings to any other county.
18. The individuals executing this Agreement and the instruments referenced herein on behalf of
Contractor each represent and warrant that they have the legal power, right and actual authority to
bind Contractor to the terms and conditions hereof and thereof.
19. Each provision, term, condition, covenant and/or restriction, in whole and in part, in this
Agreement shall be considered severable. In the event any provision, term, condition, covenant
and/or restriction, in whole and/or in part, in this Agreement is declared invalid, unconstitutional, or
void for any reason, such provision or part thereof shall be severed from this Agreement and shall not
affect any other provision, term, condition, covenant and/or restriction of this Agreement and the
remainder of the Agreement shall continue in full force and effect.
20. This Agreement constitutes the final, complete, and exclusive statement of the terms of the
agreement between the parties pertaining to the subject matter of this Agreement, and supersedes all
prior and contemporaneous understandings or agreements of the parties. Neither party has been
induced to enter into this Agreement by, and neither party is relying on, any representation or
warranty outside those expressly set forth herein.
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be duly executed on
the day and year first above written.
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Quiel Bros. Electric Sign Co., Inc., CITY OF GRAND TERRACE,a public body,
a California co/�rrpp�oration/,�,,�Qy�/n corporate and politic
By: �iE^"(���7�""' V ,-- By: /
Acting City Manager
Larry Quiel, President
(Printed Name and Title)
By: Attest:
City Clerk
(Printed Name and Title)
CONCURS: APPROVED AS TO FORM:
By: f ,ee.Yyy�)'A1nrfi,a� By. I Aialeava
Comm ty&Economic Develop. Director City Attorney
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