HomeMy WebLinkAboutContracts & Agreements_47-2015_CCv0001.pdf AGREEMENT FOR MILL CREEK No. 2 WELL VIDEO LOG SERVICES
This agreement for the performance of well video log services ("Agreement") is made and
entered into this 100' day of March, 2015 ("Effective Date"), by and between the City of Redlands, a
municipal corporation ("City"), and Layne Christensen 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:
ARTICLE 1 - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to perform well video log services on the City's Mill Creek No. 2
well(the"Services") located adjacent to Mill Creek Road/Highway 38 in the City of Redlands.
1.2 Contractor and its subcontractors shall possess all appropriate State contractors' Iicenses required
for the performance of the Services, 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, and 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 perform 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 perfonm 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
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
1
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Code section 18 10.
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.
2.8 Contractor shall guarantee the Services against defective materials or workmanship for a period of
(1) year from the date of City's issuance of a Notice of Completion for the Services, except where
longer warranty periods are specifically provided by manufacturer of equipment installed in
connection with the provision of the Services. During the (1) one year wan•anty period, should
Contractor fail to remedy defective material and/or workmanship, or to make replacements within
five (5) days after written notice by City, it is agreed that City may make such repairs and
replacement and the actual cost of the required labor and materials shall be chargeable to and
payable by Contractor or his surety.
All work which has been rejected by City, shall be remedied, or removed and replaced by the
Contractor at its own expense. Any defective material or workmanship which may be discovered
before final acceptance of the Services or within (1) one year from the completion date specified in
the Notice of Completion, shall be corrected immediately by Contractor at its own expense
notwithstanding that such defects may have been overlooked in previous inspections and estimates.
Failure to inspect work at any stage shall not relieve the Contractor from any obligation to perform
sound and reliable work as herein described. It is Contractor's responsibility to deliver at the time of
final acceptance a completed project that complies in all details with this Agreement.
City will endeavor to locate any errors or defective materials or workmanship and call them to the
attention of Contractor prior to subsequent work being performed. However, City is under no
obligation to do so and shall not be held liable because errors or defective material or workmanship
by Contractor are not discovered prior to subsequent work.
Nothing in this section shall be construed to limit the rights of City to immediately correct
conditions which may be unsafe or which may pose a public health nuisance. Should said
conditions later be found to be caused by defective material and/or workmanship, Contractor and its
surety shall reimburse City for costs reasonably incurred while attending the situation.
2.9 Contractor shall file a payment bond with City, prior to commencing the Services, in accordance
with Civil Code Section 9550. The form of the payment bond shall be as set forth in Exhibit `B"
attached hereto.
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 forty five (45) calendar days from and after the date
of the City's issuance to Contractor of the Notice to Proceed.
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ARTICLE 4 - PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Four Thousand Five Hundred Twenty Five Dollars ($4,525)
as complete compensation for the Services.
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 Any notice or other communication required, or which may be given, pursuant to this
Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of
delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt
requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the
date sent by facsimile, if confirmed with a copy sent contemporaneously by first class, certified,
registered or express mail; in each case properly posted and fully prepaid to the appropriate
address set forth below, or such other address as a party may provide notice in accordance with
this section:
City: Contractor:
Chris Diggs, Interim MUED Director Dennis Skinner
City of Redlands Layne Christensen Company
35 Cajon Street, Suite 15A 1717 West Park Avenue
P.O. Box 3005 (mailing) Redlands,CA 92373
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States Mail.
Changes may be made in the names and addresses of the person to whom notices and payments
are to be given by giving notice pursuant to this section 4.3.
ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 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 insurance in the amount that meets statutory
requirements with an insurance carrier acceptable to City, or certification to City that Contractor
is self-insured or exempt from the workers' compensation laws of the State of California.
Contractor shall provide City with Exhibit "C," entitled "Workers' Compensation Insurance
Certification," which is attached hereto and incorporated herein by this reference prior to
occupancy of the Premises.
5.3 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
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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.
5.4 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.
5.5 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
perfonning the Set-vices.
5.6 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.
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 All documents, records, drawings, electronic data files and data base, photographic prints and
negatives. designs and specifications, cost estimates, and other documents developed by
Contractor for the Services shall become the property of City and shall be delivered to City upon
completion of the Services.
6.3 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.
6.4 Unless earlier terminated as provided for below, this Agreement shall terminate upon completion
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and acceptance of the Project by City.
6.5 City may terminate this Agreement for any reason, at any time at its sole discretion, upon five (5)
calendar days prior written notice to Contractor.
6.6 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.
6.7 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.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirmation of
this Agreement.
CITY OF REDLANDS LAYNE CHRISTENSEN COMPANY
B y
Tina Kundig, Finance Director Dennis Ski
ATTEST
Sala Irvvii ity herk
6
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EXHIBIT "A"
Scope of Services
Mill Creek No. 2 Video Log Project:
• Pull 174' of 10X3"XI-15/l6"C,T&S
• Video loo,well
• Tear down and inspect
7
Bond No 106239743
1:X1111311, 1113'?
LABOR AND lINIATERIAL PAYMENT 130\D
Whereas• the City of Redlands. Stat: of California. anis Lavnc C.hristenscn Corllp;;ny (hcrcinal'tcr
dcAgnated as "Principal") We entered lair) an agreeman W ' : preem:nt"i "Wreby Ainctal rigaes to ill>tall
and corllplcte certain designatcd public inlprononcros (the -" orkn, \�hieh maid ❑U'rr:nlent. dated 1NIal-Ch 10.
20!5. -utnd uientlt'ied as INIHI ('reek No. 2 N ell Video Log Seri ices i, hcrch, ru'CcnO to .and nude a par'
��41l'[-Cas. Ulh!t'r (ke 't'i'n;? ,.)l ::,air: ht'll)rc 1110
perf)ntra:l.0 )f thr \\ ork. to Ille a ,nod and ,ultielcnt pa\nlenl h0nd %%dh the C'il\ i,l' Redlands to st'curc the
claims to \\hicll relcn:ncc is made in l ttic ; (colnnlcucing "Ah Sccuon 9000) of Part 0 of 1)i\inion 4 of the C'i\it
Code of Ilse Mate of California.
\ole, therefore, said Principal and the undely"ned as corporal: Sura\, arc held tidal•_, bound unto the
C'ii% of Redland; and all coil tractors• Subcontractors, laborers, material nlcn and other persons call lo. cd ill the
performance of the aforesaid Agreenle n and referred to in the aWsaid Code of CRO Procedure in the suns of
Foul' 111OLISalld Fi\e Hundred T%vciu;' live Dollars (54.525) for nulteddy furnished or labor thereon of an\ kind.
or for amounts due under the lin:nlployntent Insurance Act with respect to much "ark or labor. that said suray
Will ply the Sank in an alnount not exceeding the arnumi hereinabo\e set forth, and also ill case Suit is brought
upon this bond, Will pay, in addition to the faec amount thereof, cost, and reasonable expcn;es and fees, including
reasonable attollle%•, fee,, incurred by the Hy of Redland; in Succ"S11111y :nfur:inl, Such obligation, to be
a\\aMed and fixed by the awn—and to be taxed as costs and to he included in the iudIIII)CI1t tllel'elll rendered
It 1; hereby expresSly Stipullned and agreed that this bund ,hall inure to the henclit cl1 any and all
persolls. C0111I)allles and corporations entitled to file claims under-hide 3 (commeticing \\ith Section 1)000) of Part
6 of DAision 4 of the Ckil Code, so as w g4v a right of anion to them or their a-,Si_lll in an.\, suit brouLsill upon
Ads bond.
Shiluld rile condition of this bund be AN, pWarnmi. then. till, Qk anon ;boli NO= 1101 and Wid,
t tIm"he It ,hall be and remain is full l;)1-Cc :ulJ rf 1�it.
Ila' >LaCt\ I1C!'eh,. ,111)li131t!, and a;_'revi ,!lal no '11ar.`12. cvell.sll)ll of tinle, alterltioll or adduloll to tilt•
erlll, of salil o" the ipC:lllcxlons IIl_ thQ ianit' .,hall IIl an nianncr affect ll�, obll_' tioin, (.)n
:Ina bond, and It does hereby \\'a!\'e notice of all`.' smh cimnge. CSlellsion of !line, ahem bol or ;idiom.
In \\Riles \\hereof, [his instl-lrnalt has been dilly meellted b') the Principal and Stllay We Muffled. oil
March 11 _'115.
Layne Christensen Company (SI.:\I,) (til U
1717 VV. Park Ave Redlands,0,0110Travelers Casualty and Surety Company of America
(Colli' -et})
_
BY
1Si n tturel (sljlraturel Reberra S Gross Attorney-m-Fant
\ddre,,: One Tower Square
Hartford.CT 06183
(Seal a:W Notarial :\ti no \Irdgment ul Sorel\1 l'elcphunc t 860 ) 277-0111 -
PRINCIPAL ACKNOWLEDGMENT
i
STATE OF t(r )
COUNTY OF '-
OnfY err hC-`1 I Z, _�:)c S before me, { a Notary
Public ni and for the above county, personally appeared ^(.r c ' r nom; who
proved to me on the basis of satisfactory evidence to be the persoh whose name is subscribed to
the within instrument and acknowledged to me that he/she executed the same in his/her
authorized capacity and that by his/her signature on the instrument the person or the entity upon
behalf of which the person acted. executed the instrument
IN WITNESS WHEREOF I have hereunto subscribed by name and affixed my official seal the
day and year first above written
My Commission Expires ( l— C els CYNTHIA E. LEE
:�' ' Commission # 1965461
/ Notary Public - California D
l�c C` L�;xIL zSan Bernardino County
Signatur of Notary My Comm Expires Jan 1,2016
SURETY ACKNOWLEDGMENT
STATE OF MISSOURI )
COUNTY OF JACKSON)
On March 11, 2015 before me; Tahitia M. Fry, a Notary Public in and for the above county,
personally appeared Rebecca S Gross, who proved to me on the basis of satisfactory evidence
to be the person whose name is subscribed to the within instrument and acknowledged to me that
he/she is Attorney-in-Fact of Travelers Casualty and Surety Company of America; a corporation
organized and existing under the laws of the State of Connecticut that the seal affixed to the
foregoing instrument is the corporate seal of the said corporation that the instrument was signed
sealed, and executed in behalf of said corporation by authority of its Board of Directors and
further acknowledged the said instrument and the execution thereof to be the voluntary act and
deed of said corporation by hislher voluntarily executed
IN WITNESS WHEREOF. I have hereunto subscribed by name and affixed my official seal the
day and year first above written
My Commission Expire . February 14. 2016
Signature of NotaF
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NOV 6516
STATE 4F aAL]If FWU
DEPARTRYENT OF INSURANCE
SAN 7r wcrsCo
Amended
T=Ts To C=nrr.Via,pursuant tv the In;wa=Code of the Stare of Califarstia,
Travelers Caavalty and Surety Company of Amarica
of
Hartford, Connecticut ,organwdund&the
laws of Connecticut ,xibfect to ita drtidw of IneorponnK n or
ocher jumdanv tt l organlra&nd dowmentr, 6 havaby w.Aoriwd to t,t Ln-- within tAh State,
wbfect to a9praLivinw of this Certffwara,the foRawTing claw:of trwrwteg Fire, Marine,
Surety, Disability, Plate Glass, Liability, Workers' campenaation,
Common Carrier Liability, Boiler and Machinery. Burglary, Credit,
Sprinkler, Team and vehicle, Aatomabile, Aircraft, and Miscellaneous
as such claasaj are now or nutyharaaftcr ba d in the Istrwartc8 Iowa of Ow State of CaRftrrnid.
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fJ ompliwe cutch 4,acrd not in oWasion of aq,of Me oppt wRs taws and lawful requtrementa
ma&under authariiy of the laws of the Slate of California w krtg as ouch Jaws or requiramenta are
in effect and appTreabk,=d as such law and rogwir wnts nolo are,or moy hsreafter be changed
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EXHIBIT "C"
«'ORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer• except tine State, shall secure the payment of compensation in one or more of the
following ways:
(a) By being insured against 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 givell 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.
CHECK ONE
\/I and aware of the pro%isions 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 C0I11pIV With Such provisions before commencing the
performance of the work and activities required or permitted under this Agreement. (Labor Code
1861).
I affirm that at all times, in performing the work and activities required or permitted under this
A-reement, I shall not employ any person in any manner such that I become subject to the «orkers'
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 California that the information and
representations made in this certificate are true and correct.
Layne Christensen Company Date: 3 1 J C
B -- -
Denni kinner-
8