HomeMy WebLinkAboutContracts & Agreements_150-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 5th day of August,2003,by and between
the City of Redlands,a municipal corporation("City")and F.M.Electric,Inc.("Contractor").
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 for the installation of the North Orange well field
electrical equipment for the North Orange Wellfield Well No.1 Project(the"Services").
1.2 Contractor and its subcontractors shall possess the appropriate State Contractors
License required for the work to be performed as set forth in this Agreement and shall
not be debarred pursuant to California 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," entitled "Scope of Work" which is attached hereto and incorporated
herein by this reference.
2.2 Contractor shall comply with all applicable Federal, State and local rules, laws and
regulations in the performance of this Agreement including but not limited to all
applicable Labor Code and prevailing wage laws commencing at California Labor
Code section 1770 et. seq. and non-discrimination laws including the American's with
Disabilities Act. Pursuant to California 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 execute this agreement are on file at the City of Redlands office of the
Municipal Utilities Department, Civic Center, 35 Cajon Street, Suite 15A (P.O. Box.
3005 mailing), Redlands California 92373.
2.3 Contractor further understands that if it violates the California Labor Code as it
relates to prevailing wage,that City shall enforce the California Labor Code by Notice
of the withholding of contract payments to the Contractor or Subcontractor pursuant
to Labor Code section 1771.6.
2.4 Contractor agrees that if it executes an agreement with a subcontractor to work on this
Project,that the Contractor shall comply with California Labor Code section 1775 and
1777.7 including providing the subcontractor with copies of the provisions of Sections
1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code. Contractor acknowledges
that the statutory provisions for penalties for failure to comply with state wage and
hour laws and to pay prevailing wages will be enforced by the City pursuant to labor
Code sections 1775 and 1813.
2.5 Contractor and any of its Subcontractors shall comply with the provisions of California
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 Code section 1810.
2.7 Contractor shall comply with the provisions of Labor Code section 1777.5 as to
apprenticeships, and Section 1771, 1775, 1776, 1777.5 1813 and 1815 of the California
Labor Code.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Contractor shall perform the Services in a prompt and diligent manner.
ARTICLE 4-PAYMENT AND NOTICE
4.1 For the performance of the Services, City will pay Contractor the sum of $24,815.00
4.2 Payments by City to Contractor shall be made within 30 days after receipt and
approval of Contractor's hereinabove invoice, by warrant payable to Contractor.
4.3 All notices,bills and payments shall be made in writing and may be given by personal
delivery or by mail. Notices, bills and payments sent by mail should be addressed as
follows:
City: Lonny L. Young
City of Redlands
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor: Mark Maddox
F. M. Electric, Inc.
1529 W. 13" Street Suite G
Upland, CA 91786
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,
bills and payments are to be given by giving notice pursuant to this paragraph.
ARTICLE 5 -INSURANCE AND INDEMNIFICATION
5.1 Contractor's Insurance to be Primary
All insurance required by this Agreement is to be maintained by Contractor for the
duration of this Project and shall be primary with respect to City and non-contributing
to any insurance or self-insurance maintained by City. Contractor shall provide City
with Certificates of Insurance and endorsements evidencing such insurance prior to
commencement of work.
5.2 Workers' Compensation and Employer's Liability
A. Contractor shall secure and maintain Workers'Compensation and Employer's
Liability insurance for its employees throughout the duration of this Agreement
pursuant to California Labor Code sections 3700 and 1.864 and in an amount
which meets the statutory requirement with an insurance carrier acceptable to
City as set forth in attached Exhibit "B" Such insurance shall be primary and
non-contributing to any insurance or self-insurance maintained by City. The
insurance policy shall include a provision prohibiting cancellation of said policy
except upon thirty (30) days prior written notice to City. Certificates of
Insurance shall be delivered to City prior to commencement of work.
B. Contractor expressly waives all rights to subrogation against City, its elected
officials, officers and employees for losses arising from work performed by
Contractor for City by expressly waiving Contractor's immunity for injuries to
Contractor's employees and agrees that the obligation to indemnify,defend and
hold harmless provided for in this Agreement extends to any claim brought by
or on behalf of any employee of Contractor. This waiver is mutually negotiated
by the parties. This shall not apply to any damage resulting from the sole
negligence of City,its agents and employees. To the extent any of the damages
referenced herein were caused by or resulted from the concurrent negligence of
City, its agents or employees, the obligations provided herein to indemnify,
defend and hold harmless are valid and enforceable only to the extent of the
negligence of Contractor, its officers, agents and employees.
C. Contractor shall sign the Worker's Compensation Insurance Certification
attached as Exhibit "B" to this Agreement.
5.3 Hold Harmless and Indemnification. Contractor shall indemnify, hold harmless and
defend City and its elected officials,agents,and employees from and against any and all
claims, losses or liability, including attorney's fees, arising from injury or death to
persons or damage to property occasioned by any act, omission or failure of
Contractor, its officer, agents and employees in performing the Services required by
this Agreement.
5.4 Assignment. Contractor is expressly prohibited from subletting or assigning any of the
Services described in this Agreement without the express written consent of City. In
the event of mutual agreement between parties to sublet a portion of the Services,
Contractor shall add the subcontractor as an additional insured and provide City with
the insurance endorsements prior to any work being performed by the subcontractor.
Assignment does not include printing or other customary reimbursable expenses that
may be provided in this Agreement.
5.5 Comprehensive General Liability Insurance. Contractor shall secure and maintain in
force throughout the duration of the Agreement comprehensive general liability
insurance with carriers acceptable to City. 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 is required. City shall be named as an
additional insured and the insurance policy shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to City.
Such insurance shall be primary and non-contributing to any insurance or self-
insurance maintained by City. Certificates of insurance and endorsements shall be
delivered to City prior to commencement of work.
5.6 Business Auto Liability insurance. Contractor shall have business auto liability
coverage, with minimum limits of one million ($1,000,000) per occurrence, combined
single limit for bodily injury liability and property damage liability. This coverage
shall include all consultant owned vehicles used on the project, hired and non-owned
vehicles,and employee non-ownership vehicles. City shall be named as an additional
insured and a certificate of insurance shall be delivered to City prior to commencement
of work.
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.
6.2 Contractor shall not sublet or assign any of the Services to be performed under this
Agreement,except with the prior written approval of City and in strict compliance with
the terms,provisions, and conditions of this Agreement.
6.3 All documents, records, drawings, electronic data files and data base, photographic
prints and negatives, designs and specifications, cost estimates, and other Project
documents developed by Contractor pursuant to this Agreement and any copyright
interest in above described documents shall become the property of City and shall be
delivered to City upon completion of Services.
6.4 Contractor and City agree that Contractor is, for all purposes under this Agreement,
an independent contractor with respect to the Services provided pursuant to this
Agreement and not an employee of City. All qualified personnel provided by
Contractor pursuant to the provisions of this Agreement are to be employed by
Contractor 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.
6.5 Unless earlier terminated as stipulated below, this Agreement shall terminate upon
completion and acceptance by City of the Services.
6.6 Upon receipt of a termination notice, Contractor shall (1) promptly discontinue all
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 required by this Agreement. Contractor shall be compensated on a pro-
rata basis for any work completed up until notice of termination.
6.7 This Agreement, including the attachments incorporated herein by reference,
represents the entire agreement and understanding between the parties as to the
matters contained herein and any prior negotiations,proposals or oral agreements are
superseded by this Agreement. Any amendment to this Agreement shall be in writing
and approved by the City Council of City and signed by City and Contractor.
6.8 This Agreement shall be governed by and construed in accordance with the laws of the
State of California.
IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS ATTEST:
BY
Mayor City Clerk 61D
Date
F. M. ELECTRIC,INC.
-7/
By Date — A2oo—?
Mark Ma ox, President /1"
Exhibit "A"
Scope of work
INSTALLATION []FELECTRICAL EQUIPMENT
F. M. Electric is pleased to offer the following quote for the installation of electricalequipment for The
City of Redlands Orange Well Field Project Well#1. Quote includes all Electrical Equipment Installation
for the complete operation ofRedlands Orange Well Field Project Well#1.
Items listed for Proposal
Scope ofWork
F.M. Electric is pleased to offer the following quote for the installation of electrical equipment for
the City ofRedlands Orange Well Field Project Well#1. Quote includes all Electrical Equipment
Installation for the complete operation of Redlands Orange Well Field Well #1
Items listed for Proposal
1. Installation ofConduits, Conductors and Pull Boxes:
1' Install 2-4,' pvcSchedule 4Dconduits from Well S|temo'2
2. Install 2-2" pvoSchedule 4Oconduits from Well Site yVo'2
3. ynatm|| all conduits at well site as required
2. Installation ofMotor Control Section:
1' Install House Keeping Pad
2' Install MCC per Site drawings
3' Install all conduits needed for complete operation ofWell#1
4. Install all field wiring for Well#1
5' Test all Electrical Equipment
EXHIBIT "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No.
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 in one or more insurer 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.
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 of this contract. (Labor Code§1861).
L&7
"C
4
Name of Contractor
By:
2.--
Sign
i gulre of Authorized Agent
Signatory's Title
k/ �
Contractor's License No.
C9 C)
Date /