HomeMy WebLinkAboutContracts & Agreements_4-2008_CCv0001.pdf AGREEMENT FOR PUBLIC IMPROVEMENT PROJECT
This Agreement is made and entered into this 15`x'
day of January, 2008 ("Effective Date"), by
and between the City of Redlands, a municipal corporation ("City"), and General Pump 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 I - ENGAGEMENT OF CONTRACTOR
1.1 City hereby retains Contractor for the replacement of the pump in the Rees well (the "Project").
I.? Contractor and its subcontractors shall possess all appropriate State contractor's licenses required
for the work to be performed in connection with the Project, and shall not be debarred pursuant
to Labor Code sections 1777.1 and 1777.7.
ARTICLE 2 - RESPONSIBILITIES OF CONTRACTOR
2.1 The Project which Contractor shall perform is 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 Project including, but not limited, to all applicable Labor Code and prevailing
wage laws commencing at Labor Code section 1770 et seq. and non-discrimination laws,
including the Americans' with Disabilities Act. Pursuant to 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
undertake the Project are on file at City's Administrative Services Department, located at the
Civic Center, 35 Cajon Street, Suite 10 (P.O. Box. 3005 mailing), Redlands, California 92373.
2.3 Contractor acknowledges that if it violates the Labor Code provisions relating to prevailing
wage, that City may enforce such provisions by withholding contract payments to Contractor or
its subcontractors pursuant to Labor Code section 1771.6.
14 If Contractor executes an agreement with a subcontractor to perform work on the Project,
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, 17175, 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 18 13.
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ARTICLE 5 - INSURANCE AND INDEMNIFICATION
5.1 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 the Project pursuant to Labor
Code sections 1860 and 3700, in an amount which meets statutory requirements, with an
insurance carrier acceptable to City. Contractor shall execute and deliver to City a
Worker's Compensation Insurance Certification in the form attached hereto as Exhibit
"B"prior to commencement of the Project.
B. Contractor expressly waives all rights to subrogation against City and its elected officials,
officers and employees for losses arising from work performed by Contractor on the
Project by expressly waiving Contractor's immunity for injuries to Contractor's
employees. Contractor's obligation to indemnify, defend and hold City 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 subsection 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, employees and agents.
I -
5.2 Hold Harmless and Indemnification. 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 act or omission of Contractor, and its officers, employees and agents, in
performing the Project. This Section 5.2 shall survive any termination or expiration of this
Agreement.
5.3 Assignment. Contractor is expressly prohibited from assigning any of the work associated with
the Project without the express prior written consent of City. In the event of mutual agreement
by the Parties to assign a portion of the Project, Contractor shall add the assignee as an additional
insured to its insurance policies and provide City with the insurance endorsements required by
this Agreement prior to any work being performed by the assignee. Assignment does not include
printing or other customary reimbursable expenses that may be provided in this Agreement.
5.4 Comprehensive General, Liability Insurance. Contractor shall secure and maintain in force
throughout the duration of the Project 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
ins Judea provision prohibiting its modification or cancellation except upon thirty (3)04 days prior
written rionce to City. Stich insurance shall be primary and non-ccnti-lbuting
I _, to any insurance or
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6.7 This Agreement shall be governed by and construed in accordance with the lacers 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
Jen Harrison, Mayor C�— erk-
GENERAL
PUMP COMPANY
By Date it I Lsz�
Name/
Title
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Pump
159 N.ACACIA STREET • SAN DIMAS,CA 91773
INUMMY PHONE:(909)599-9606 • PAX: (909)599-6238
WELL&PUMP SERVICE SINCE 1952 Llc.#496765
"Naw Serving Ventura and,Sanaa Barbara Crmnties"
November 14,2007
Highland Avenue Water Complex
955 Parkford Drive
PA. Box 3005
Redlands,California 92373
Attn:Jerry zysek Via Fax: 0"041 ;660-
Re.- Rees Well
Efflefeney/Soad Face Redesign
GPC Job No.: TBD
General Pump Company, Inc. (GPC) is pleased to provide this quote to install a reduced capacity pump
howl assembly with improved overall plant efficiency and maintain a sand free product.
SCOPE OF SERVICES
1. Pull 350'x 12"x 3"x 1.15/16"turbine pump assembly.
2. Also remove approximately 180' 12"aqua stream suction assembly.
3. Video well, 8 hour light brush and suction bail to 550".
4. Recently rebuilt and currently in use 15"turbine pump end assembly will he removed and returned to city
yard for storage.
S. New replacement turbine pump end assembly designed for(I 100 gpm Qp 550' TDN) 12 RJLC, 11 Stg.
6. Currently in use 450 H1'VHS GE motor will he relocated and stored at the Texas Street Facility.
7. City of Redlands will supply a 250 HP Newman vertical hollow shaft
1775 rpm motor.
8. Reinstall the 180' suction assembly,pump end,column tube and shall.assembly.
9. Reinstall pump head,new stretch tube,dust cover bearing assembly and new head shaft.
10. Contractor will provide a new harness restraint for pump end and adapter to Aqua Stream filtering
manifold. Restraint must be designed to relieve excessive stress and not exceed manufacture pump end
suction adapter support specification.
11. Note: Column, tube and shag was installed and ran less than one year.
12. City of Redlands staff will provide motor run,make up all necessary electrical connection,check rotation,
set lateral to contractors recommendations,disinfection of pump and well,pmvide sanitary seal between
pomp head and base and take bacteria samples.
1.3. Contractors will comply with City of Redlands prevailing wage policies and certificate of insurance
requirements.
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ASSUMMONS
1. Adgpt tube and bowis to existing column,tube and shaft may be diffcrcat and the exact materials
nom,and equipment may need further evahtation once the pump egaipment is pulled.
2. No new column„tuba or shafts aro>r+equi vd for this installation. GpC would mmmnend replacing BW
spider,airlm and bandit materials,however these arc not inchxlod as part of the bid
3. Aquastream is not recommended to be reinst&11 ;GPC would provide alternate pump suction solution at
an additional charge to the p mject.
4. No surface work is required.
G*ftrttl Punp Compasy,Ine, appreciates the opportunity to assist with this project aml if you have arty
questions regarding the technical aspects of this project please do not hesitate to giver me a call.
GFMAAL PUMP CQMtANY,DCC-
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GeoffW A.ylates,P.G. wet ftp uwf Aramb Qb
Ptret Manager
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. consent to self-insure, either as an
(b) By securing from the Director of Industrial Relations, a certificate of cons
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).
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Date
Name of Contractor
By:
S ig
n4,tre of Authorize gent
"Y" I
Signatory's Title
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Contractor's License No.
Date