HomeMy WebLinkAboutContracts & Agreements_149-2014_CCv0001.pdf AGREEMENT FOR EAST LUGONIA No. 3 WELL REHABILITATION SERVICES
This agreement for the performance of a well rehabilitation services ("Agreement") is made and
entered into this 31St day of July, 2014 ("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 rehabilitation services on the City's East Lugonia
No. 3 well (the"Services") located north of Highway 38 in the City of Redlands.
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1.2 Contractor and its subcontractors shall possess all appropriate State contractors' licenses 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 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.
2.5 Contractor and its subcontractors shall comply with the provisions of Labor Code section 1776
regarding payroll records maintenance, certifications, retention and inspection.
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2.6 Contractor acknowledges that eight (8) hours constitutes a legal day's work pursuant to Labor
Code section 1810.
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 warranty 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.
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 fourteen(14)calendar days from and after the date of
the City's issuance to Contractor of the Notice to Proceed.
ARTICLE 4 -PAYMENT AND NOTICE
4.1 City shall pay Contractor the sum of Three Thousand Forty Seven Dollars ($3,047) as complete
compensation for the Services.
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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 All notices shall be made in writing and shall be given by personal delivery or by mail. Notices
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sent by mail shall be addressed as follows:
City: Contractor:
Chris Diggs Dennis Skinner
Municipal Utilities and Engineering Department Layne Christensen Company
City of Redlands 1717 Park Avenue
P.O. Box 3005 Redlands, CA 92373
Redlands, CA 92373
When so addressed, such notices shall be deemed given upon deposit in the United States mail;
in all other instances, notices, bills and payments shall be deemed given at the time of actual
delivery. Changes may be made in the names and addresses of the person to whom notices 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
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
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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 (34) 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
performing the Services.
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
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
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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 Iaws of the State of
California.
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IN WITNESS WHEREOF, duly authorized representatives of the Parties have signed in confirulation of
this Agreement
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CITY OF REDLANDS LAYNE CHRISTENSEN COMPANY
By
Tina Kundig-, Finance Director Dennis Skinnei
ATTEST
: /ane bonaldson,
Deputy City Clerk
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EXHIBIT "A"
Scope of Services
East Lugonia No. 3 Well Rehabilitation Project:
• Brush well from 0' to 117'; bailout material from bottom of well.
• Video log well from 0' toll7' post brush/bail.
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EXHIBIT "C"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the 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 given 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
C I am aware of the provisions 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 comply 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
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 California that the information and
representations made in this certificate are true and correct.
Layne Christensen Company Date: 71a1g��p/�
By{ l� .
Dennis Skinner
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Bond No,.106140699
EXHIBIT "B"
1,A13011 AND MA-FERIAL PAYNIENIf BOND
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Whereas, the City of Redkinds, State of Caffornia, and Layne (.hristensen Coinfxilly (11crellialrer
de-iti—ared its "Princi[nil") li,,ave etuered into an loirQenient (the -Agrn.crnent-) Whereby principal agrees in install
Lind c(1111plelc �:,erlaiyl dcsil-rll,�Irod Public (the -'Wt)rk-), whk:h said agreement, dated July 3 1, 2014,
and idC111i1iQd JS EnSt I,Ug011ht No, 3 Well Rehabilitation Pi-oject is hercl,-)y elle red to and made at part
and
Whereas. undcr the terins of sidd Agreement, Nincipal is requitedbefore commencing upon the
perp briTlance Of the Work, to file;a good and sufflicient payment bond with the City of Redlands to secure the
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claims to which rchercnce is made in Title 3 (commencing with Section 9000)of'Part 6 of Division 4 of the Civil
Code of the State of California.
Now, therefore, said Principal and the under-siped as corporate surety, arc held finally bound unto the
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City of Redlands and all contractors, subcontractors, laborers, material men arid other persons employed in the
perforniance of'the aforesaid Agreernent and referred to in the aforesaid Code of Civil Procedure in the suin of,
Three ThOUSMld Fortv Sewn Dollars (S3,047) for materials furnished or labor thereon LiCany kind,or for ainounts
due under the Uneniporrient Insurance Act with respect to such work or labor, that said surety xill pay the&II-ne
in 2111 onlOUrit not exceedim, the amOtfllt liereinabove sot forth, and also in Case Suit Is brought upon this bond, will
pay, in addiiion to the face amount thereof, costs and reasonable expenses and reel, includitil, reasonable
attorney's fees, incurred by the City (if Redlands in successfully enforcing such obligation, to be awarded and
fixed by the court,and to lie laxed as costs and to be included in the judgment therein rendered,
It is, hereby expressly stipulated and agi-eed that this bond shall insure to the benefit of any and all
persons, companies and corporations entitled to file clairris Linder Title 3 (corantencin- with Section 9000)of Part
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to of Division 4 of[lie Civil Code, so as to-give as right of action to thorn or their assigns in any suit brought upon
this bond.
Should the condition of this bond be [Lilly performed, then this obligation shall become null and void,
other visa it shall be and rernain in full force and effect,
The surety hereby stipulates and agi-ecs that no change, extension of urine, alteration or iddition to the
ternis of'said all
,reeirient or the specifications accompanying the same shall in any manner affect its obligations on
this bond,and it does lierebv rvalve nots"ce ofany such chaimie, extension of time,alterition or addition.
In \vitnes-s wh�2reof, this instrument has been daly executed by the principal and surety abovenattied, on
--JU104. 2014.
Layne Christensen Company (SEAL) (St NI-)
1717 W. Park Ave,, Redlands,'JQ Travelers Casualtv and stir in'tILCgImpany of America
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By-
Rebecca S,Gross Lire) Attorney-in-Fact
Address: One Tower Square
( cal WId Nouvia@ Ackaimvledgnicnt ot'Surety) T6fPy Ione( 860 ) 271171-101
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PRINCIPAL ACKNOWLEDGMENT
STATE F California )'
U TY E Sart t- and o
On JuIv 30. 2014before me, CXn - j Doter
Public in and for the above county, personally appeared ) 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 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 seat the
day and year first above written,
fu9y Commission Expires;
CYNTHIA E.LEE
Commission 1965461
WNotar i d California
y ti sa Bernardino County
(Jlk-
MLG=m, Eire fan 1,2016
Signat re of Notary
SURETY ACKNOWLEDGMENT
TATE OFII O4URI
COUNTY OF JACKSON)
On Jul , 1. 2014, before roe, C. Stephens Griggs, a Notary Public in and for the above county,
personally appeared Rebecca S. Gross, who proved to rye on the basis of satisfactory evidence
o be the person whose name is subscribed to the within instrument and acknowledged to me that
he/she is Attorney-in-Fact of TravelersasualtyanSurety 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 his/her 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 Explre ° June 21,,2015
Ig i tur of No— t
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'STA-r'STA-rv.cW kNESOUR,
O.jtqW 21, ,
WfArtNINGt THIS POWER of ATTORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY
T TRAVELERS Fa,,Rum caasualtc C:tauapany St.Paul ul r4 erairy Insurance Company
Fidelity and Guaranty Baastarance Company 'travelers Casualty and Surety Company
Fidelity and Guaranty Insurance Underwriters,Inc. Travelers Casualty,and:Surety Company of Ain,erkat
St.Paul hire and Marine Insurance CompanyUnited States Fidelity and Guaranty Company
St.Paul.:Guardian Insurance Company
4t true=y'wlu Fact Nita;, 227707 Certificate No.
lti.'WOF ' ALI, NIEN BY THESE PRESENTS: That Farmington Casuaafty° C ompany' St. Paul Fireand Marine Insurance tW oiop wiy=. St If ata Guardian Insurance
cornpnnf,St. Paaul 'lals.rcury insurance Company,Travelers Casualty and Surety Company,Travelers Casualty and Surety Ceasi p,uty of A€ca rica,and United Staaes,
Fielc•bi and Guaranty Company ;are corporations duly organized under the lavas of the St#ate. of Connecticut,that Fidefsty and Guaraaly Issuance C'rnspany is, to
Corporation shall 0i'atinized ander the lions of the State of Iowa,and that Fidelity and Guaranty Insurance Underwriters.Inc-is a corporation duly rsrrint z:d under the
hos or tint Slaw of Wisconsin(herein collectively called the`°Ccatnpaanies"),and that the Companies do hereby make,constitute and appoint
Patrick T. Pritoil, Debra J.Scarborough.Christy M.Mc Cart.Mary T.Flanigan. Ronald J.Lockton,Claudia aMa nda ro,Jeffrey y C.C rc , Kathy t,:
Ragan,Charles R,Toter Ill,Laura'W1.Bulurnsester,Charissat D.L.ea:uye r, Evan D.Sizemore,David M.Loc ton, Rebecca S,Gross,Larissa Sanisth,and
Wendy A,Casey
of the 01% aa1' Kansas Wily State trf-I—,-- Missouri their trac and lawful Aatorney(s)-in-Fact,
each in their sep,arcate.capacity it itiore than one is maned above,to sign,c xecurt,seat]and aicknowledge.any$aridall hoods,se,ogniz<ances,conditional undertakings and
other writings obligatory'in the nature thereof on behalf or the Companies in their business of guaranteeing[lie fidelity or persons.guaranteeing the performance of
t aaniraacts;ant]eseeuture or t uaraniecing bonds and undertakings required or perituded in am S .Pais or parisceedinpps allowed;aha law.
Bili'A'I TN ESS WWaItF:REOF°,the.Cornpaanics,have c used this instrument to be,ione:d and their corporate scads to be hereto affixed.this 20th
chat eat` March :at}W
liarinington Casualty Company St.Paul Mercury insurance Company
Fidelity and Guaranty Insurance Company= "Travelers Casualty and Surety Company
Fidelity'and Guaranty Insurance'Underwriters,Inc. Travelers Casualty=and*Surety Company of America
St.Patti Fire and Marine Insurance Company United States Fidelity and Guaranty ntys°Ccampaany
St.Paul Guardian Insurance Company
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Cay of Hartford se Raahert C,R' ct-enror Vice President
Maar this the _20thM arch 014
- day ail' before trre personally appeared e ared Robert L,Pastes,who acknowledged himself to
be ilte senior Vice President taf F armins?tou Casualty Company, Fidelity and Cu,arawy Insurance Cnratpany,Fidelity,and Guaranty Insurance Cndertsr hers,lnc;,Si.Paul
F c v and lylaritau Inst€rwiee :oalpaay C atFttattn , ars tn . titlt* and Surety Company,Travelers
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aaaLLelers("'v;asarhy and Surely Company of America,and United States Fidelity and Guaranty Company,and that he,as such,being au6havrire t wtr to do,executed the foregoing
inhid t'hent#'rat the purposes uses therein crinttaiaa.d by signing sista behalf of the c orporaanons by himself as a.duty<uatltaarized officer-..
In Witness Whereof,ereof°,I hereunto set rasa hand and official seat.
Wlv C"r inuassion expires the 30th day of ate,2016. �T larss t" a'crr°araa8¢, Wcat.a T fasbrw
SSdaC}-S-Ip Printed in U.S.A.
WARNING:THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
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Ind° 6516
STATE OF CALMRNU
DEPAR UY,N'F OF INSURANCE
SM MUNCISCo
Amended
CEafifi,cate of Authority
Tgm Is To Cmrrrr,Thar pursuant to the Insurance Coda of this Seale of Cdjfm%4
Travelers Ca$ualt:y and Surety Company of America
of Hartford, Connecticut ,organized under the
laws of Connecticut ,xu4ee.to its Arefdw of Inemporaffonor
oeher fun&menW organk bond doecrmerdt. is hereby avtywriwd to tr+anwa within thb Stats,
subfect to ail provtvinw of this CmWf=ta,the fallaurtng elmer of iresurawa: Fire, marine,
Surety, Disability, Plate Glass, Liability, Workers' compensation,
Common Carrier Liability, Boiler and Machinery, Burglary, Credit,
Sprinkler, Team and Vehicle, Automobile, Aircraft, and Miscellaneous
w ooh classes am now ormay hetes f lex fie defined in the IruwmwA La=of dire State of Cdgornia.
was C£umxA=is ezprersly condtttoned upon the holder harsaf now and hereafter being in
foil eomplkma with all,and not in okWlon of any,of the cppitcabta laces ad lawful require=nta
owde under authority of the la=of the State of California oa knz as Such Iowa or requiremcente are
in effect and appRc4le,and ae such icws and'roqurramentr now are,or may hereafter ba changed
or amended
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