HomeMy WebLinkAboutContracts & Agreements_158-2003_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
CONTRACT No.2-0322
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 Flowtronex, a wholly owned subsidiary to
ITT Industries ("Contractor").
In consideration of the mutual promises contained herein, City and Contractor agree as
follows:
ARTICLE I -ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor to purchase and start-up for the pump system for the Zone
1300 and 1520 non-potable water system at Texonia Park, Redlands, California (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 "Proposal" 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. M. 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 them
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 Public Works Department,Civic Center,35 Cajon Street,
Suite 222 (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.
2A Contractor agrees that if it executes an agreement with a subcontractor to work on this
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Pr 'ect, 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 181 5 of the Labor Code, Contractor acknowledges that the
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statutory provisions for penalties for failure to comply with state wage and hour IaNN and
to pay prevailing wages will be enforced by the City pursuant to labor Code sections 1775
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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
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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$24,988.88.
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: Michael Pool
City of Redlands
Municipal Utilities Department
PO Box 3005
Redlands, CA 92373
Contractor: Flowtronex, a wholly owned subsidiary of ITT Industries
Jerry Bushree, Regional Sales Manager
30870 Branford Drive
Temecula, CA 92591
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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
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delivery. Changes maybe 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 1860 and in an amount which
meets the statutory requirement with an insurance carrier acceptable to City as
signed 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 shalt sign the Worker's Compensation Insurance Certification attached
as Exhibit"B"to this Agreement.
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53 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 01,000,000)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.
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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.
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IN WITNESS WHEREOF, duly authorized representatives of the parties have signed in
confirmation of this Agreement.
CITY OF REDLANDS FLOWTRONEX, a wholly owned
subsidiary of ITT INDUSTRIES
By By:
Mayor 1W
Date: August 5, 2003 Date:
ATTEST:
City erk
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Exhibit "A"
Scope of work
FLOBOYPU0DiOg SVSfB0D P[QDOs@|
[]ate: jU|y 10, 20{)3
Project Name: Texonia P3[k
FL0BOY "L," VFCJFLOODED PUMPING SYSTEM
Shipment: Estimating 6-8 weeks after receipt of signed contract and drawing
FLOBOY L VFD Model FBS-W-450-100-50-X-3-460-PR-F-AL Variable Speed Pumping System rated at 450 GPM at 100
PSI. 3SOORPM Full voltage, horizontal NEMA faced ODP motor. Pump shall have cast iron casing, enclosed impeller and
mechanical seal. Electrical Power shall bo46OVolt, 3phase, 8OHertz.
Standard FLOBO`fLConstruction will include:
UL Listing nfcomplete F|oBoypumping system
~ 5OHPcentrifugal Pump and Motor, 3SOORPM
* Marine Grade Aluminum lockable enclosure with plated piping and base
w Enclosed ventilation fan for enclosure
~
Heat exchanger cooling for variable frequency drive
* External 10Oamp electrical fusible disconnect inNEK4A3Renclosure
* G" Flanged suction and threaded discharge connections
~ 25/8"silicone filled pressure gauges with isolation valve
0 0"station discharge isolation valve
* 0"station inlet isolation valve
° Factory run testing using actual suction pressure, discharge pressure and flow conditions
* U.L. listed NEMA 12control/starter panel with:
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Programmable microprocessor based industrial grade controller with operator interface ([V\S|S)
* S.L.A.P. U.L. category B &CsurOe & lightning arrestor with total power dissipation of82.5OO.UOOVA. maximum clamping
voltage- 1.5UOvolts (2OOaPu|oe.8^28nnaec).
w On/Off selector switches
w Low discharge pressure shutdown and alarm
9 High pump temperature thermal sensor/safety
0 Solid State overload/single phase/phase imbalance/low voltage protection
0 Flow switch for shutting pump station off
0 5OHP46Uvolt variable frequency drive
w
Input line reactor(transient suppression)
w VPDfault shutdown
0 1copy ofFLDBCJYS series operation &maintenance manual
0 Start-up byfactory authorized service personnel
0 1year limited warranty
Exhibit "B"
WORKERS' COMPENSATION INSURANCE CERTIFICATION
Contract No. 2-0322
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).
Name of Contractor
By
Signature of Authorized Agent
At)
S1� natiqs Title
L
Contractor's License No.
Date
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